HomeMy WebLinkAbout1998-05-19; City Council; Resolution 98-1521
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RESOLUTION NO. 98-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE PERMITS FROM THE CALIFORNIA DEPARTMENT OF
FISH AND GAME, THE CALIFORNIA COASTAL COMMISSION AND
THE ARMY CORPS OF ENGINEERS FOR CANNON ROAD WEST,
PROJECT NO. 31 84.
WHEREAS, a mitigation package for the construction of Cannon Road West h:
7 imposed on the project by the California Department of Fish and Game, the California
8 Commission, and the U. S. Army Corps of Engineers (Agencies); and
9 WHEREAS, the costs to implement the mitigation package is approximately 25%
entire project costs; and 10 11 WHEREAS, acceptance of the mitigation package and execution of the permits 1
11 occur at the staff level; and
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l3 the Agencies have imposed; and
WHEREAS, staff is recommending that the City Council accept the permit conditic
14 WHEREAS, staff is recommending that the City Council accept the mitigation F
15 staff has prepared to comply with the conditions of the Resource Agency Permits; and
16 WHEREAS, the Agency Permits are attached as Exhibits H, I, and J and are incorl
17 herein by reference; and
18 WHEREAS, staff is requesting the City Council authorize the Mayor to exec'
19 permits; and
WHEREAS, execution of documents complying with the terms and conditions
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Resource Agency Permits is in prior compliance with certified environmental studies.
21 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C:
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2, That the City Council has accepted the permit conditions and mitigation p
25 for Cannon Road West.
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1 3. That the City Council authorizes the Mayor to execute the California Depart
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Fish and Game Permit, California Coastal Commission Permit, and the Army Corps of En
Permit, that substantially conform to the attached permits, labeled Exhibits H, I, and J.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
5 held on the 19 day of May , 1998 by the following vote, to wit:
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AYES: Council Members Finnila, Nygaard & Hall
NOES: None
ABSENT: Council Members Lewis & Kulchin
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CLAQDE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
' ATTEST:
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(SEAL)
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EXHIBIT "H"
CALIFORNIA ENDANGERED SPECIES ACT PERMIT
#2081-I 998-0-5
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CALIFORNIA INCIDENTAL TAKE PERMIT
PERMIT NO. 20bf-1998-OSS
APPLICANT: City of Carlsbad
PROJECT: Cannon Road Improvement Project
LOCATION: San Dicgo County
The City of Carlsbad (”Carlsbad”) has applied fbr authorization to “take” one or more specic
protected by the California Endangered Species Act, California Fish and Game Code $2050, e? .$e(
(”CESA”) in the cause ofothehwise lawful activities. The California Department of Fish and Gan (‘Department’’) issues this California Incidental Take Permit (“Permit”) pursuant to Fish and Gan
Code @081(b).
Carlsbad proposes to construct the Cannon Road Improvement Project, a four-lane majc
road connection. The project consists of Reaches 1 and 2, located on the south side of &
Hedionda Lagoon in the City of Carlsbad, County of San Diego. (“Project”). The foliowing specic
protected under CESA are hown to exist at or in the vicinity of the Project and are therefore subjel
to incidental take by Carisbad: endangered least Bell’s vireo and endangered southwestern will0
flycatcher. These listed species are collectively referred to in this Permit as “Covered Species”.
CESA ENVIRONMENTAL ANALYSIS
In consultation with the Department, Carlsbad has prepared and submitted a CES
Environmental Analysis and associated documents (“Environmental Analysis”) for the Project, TI
Envirmental Analysis describes the Project, identifies Project impacts on Covered Species, contair
life history idormation about those species, and set forth measures identified by Carlsbad ar
Department to: (1) avoid take of Covered Species when avoidance is possible consistent wii
Carlsbad’s objdves; (2) minimize take of those species when take cannot be avoided entireIy; an
(3) fblly mitigate anticipated take of the Covered Species and other impacts on Covered Species.
The EnviroNnental Analysis submitted by Carlsbad have been reviewed and accepted by tt
Department. The Environmemtal Analysis’ requirements, mitigation measures, reasonable an
prudent measures, terms and conditions as they pertain to least Bell’s vireo and southwestern will07
flycatcher am attached to this Pennit and are hereby incorporated into it. The Environmental Analys
consists of the fbllowing attached documents: 1. “Conceptual Wetlands Mitigation Plan for Reachc
1 and 2 of the Cannon Road Extension Project”, prepared by Tetra Tech, Inc. for the City (
Carlsbad, dated January 1997; 2. “Addendum to Conceptual Mitigation Plan for Cannon Roa
Extension Project Reaches 1 and 2, prepared by Tetra Tech, lnc. for the City of Carisbad, date
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February 20, 1998; 3. ‘’Biological Opinion on the Cannon Road (Reaches 1 and 2) Permit Applicatic
No. 97-201 30-TCD and 97-20 13 1 -TCD’, City of Carlsbad, California (I-6-97-F-5 l), prepared 1
the United States Department of the Interior Fish and Wildlife Service, dated October 8, 1997;
Letter regarding “Cannon Road, Reaches 1 and 2: Clearing oERiparian Vegetation and Revegetatic
E&m in Macario Canyon: City of cartsbad, CaIihrnia” prepared by the United States Departme
of the Inmior Fish and Widlife S&ce, dated March 16, 1998; 5. Streambed Alteration Agreeme
5-044-97, prepared by the Department, dated March 18, 1998; and 6. California CoaA
Development Permits #6-97-010 and 6-097-01 1 and condition subsequent.
Carlsbad’s authorization for incidental take of Covered Species is expressly conditioned on fi
implementation of the attached Environmental Analysis.
PROJECT SUMMARY
The Camon Road Improvement Project is a four-lane major road connection (1.54 miles
102 feet) between Interstate 5 and El Camino Real, impacting 3.32 acres of stream (2.64 permanent
and 0.68 temporarily), most of which is habitat for the Covered Species. There are also indue
impacts from vehicle noise and lights once the project becomes operational. The project consists l
Reaches 1 and 2, located on the south side of Agua Hedionda bgoon in the City of Carlsbad, Si
Diego County. Reach 1 includes an approximate 450-foot bridge over Macario Canyon and i
unnamed d. Reach 2 includes an approximate 130-foot bridge over Agua Hedionda Creek at I
Camino Real. The Project is described in greater detail in the Environmental Analysis.
DEPARTMENT FINDINGS
The Department finds and determines that:
This Permit only authorizes take that is incidental to an otherwise la&] activity.
0 The Project will not jeopardize the continued existence of the Covered Species ar
the impacts on the Covered Species will be minimized and ffilly mitigated if Carlsbt
complies with all teams and conditions of this Permit, including the fill and comple
implementation of the Environmental Analysis.
This Pennit and the attached Environmental Analysis set forth measures to minimii
and mitigate Project imp- that are roughly proportional in extent to those impact
that will maintain Carlsbad’s objectives to the greatest extent possible, and that a
capable of succes&l implementation; and
Carlsbad has ensured adequate hnding to implement the measures to minimize an
firlly mitigate impacts to the Covered Species and to monitor compliance with M
effectiveness of those measures.
laeiontal Take Pennit -
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lNCIDENTAI, TAKE OF COVERED SPECIES
Pursuant to section 2081(b) of the Fish and Game Code, the Department authorizes Carlsba
its employees, contractors and agents to incidentaily take Covered Species that are listed ~
endangered or threatened, or candidates for such listing, in carrying out the Project. Th
authorization is subject to the terms and conditions of this Permit and is specifically conditioned (
Carlsbad’s full implementation of the minimization and mitigation measures contained in tl
Environmental Analysis. The Department does not authorize any deliberate take of Covered Specie
does not authorize any take resulting fiom any other act outside the scope of the Project, and do
not authorize any take resulting fiom Carlsbad’s failure to implement all terms and conditions of tt
Permit, including the measures identified in the Environmental Analysis. This authorization f;
incidental take extends to those Covered Species that are listed as endangered or threatened und
CESA, or are candidates for listing, at the time the incidental take occurs.
SECURITY
To ensure that Project impacts on the Covered Species are hlly mitigated, as required I
section 2081@), Carlsbad shall post security in an amount sufficient to fknd all minimizatio
mitigation and monitoring measures identified in the Environmental Analysis that have not bec
completed in advance of Project activities with the potential to affect the Covered Species. TI
security must be in the form of a pledged savings account or other trust account acceptable to tl
Department, or in another form approved by the Department. Carlsbad shall provide the securi
prior to commencing any activities with the potential to affect the Covered Species or prior to a~
movement of any soil. The Departmerit has calculated the security requirement for this proje
at $725,423 (6.43 acres x $1 14,420 per acre), based on the Environmental Analysis’s estimat
of the cost to Carlsbad of wetland creation including grading, installation, irrigation, 5-ye
maintenance monitoring, and 5-year least Bell’s vireo monitoring. This ‘iecurity is in addition to tl
endowment and start-up costs described in the attached documents.
PERMITAMENDMENTS
The Department may amend this Permit to bring it into complimce with regulatiol
subsequently adopted or revised under CESA. Where circumstances have changed so that Carlsbe
desires to have any condition of the Permit modified, Carlsbad must submit a full written justificatic
and supporting information to the Department. In requesting an amendment, Carlsbad must comp,
with Department rules, procedures and fees that are in efFect at the time Carlsbad seeks tl
amendment. An amendment is not required fbr a change in thc legal name of Carlsbad or i
Carlsbad’s matling address, but carlsbad is required to notify the Department within 10 days of SUE
change.
SUSPENSION, REVOCATION AND ENFORCEMENT
NorJvithstanding any other provision in this Permit, if Carlsbad fails,to comply with any (
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the material terms and' conditions of this Permit or provides inaccurate or fdse information to tl
Departmag the Department may suspend or revoke this Permit, may exercise all rights with respe
to any security provided pursuant to this Permit, and may pursue any remedies, penalties
erhrcement authorized by law.
EMERGENCY AMENDMENT, SUSPENSION OR REVOCATION
. The Department may amend, suspend or revoke this Pefmit without prior notification a~
consultation with Carlsbad ifthe Director deermines that such amendment., suspension or revocatir.
is necessitated by an emergency that jeopardizei the continued .existence of one or more Coven
Species.
TERM OF PERMIT
This Permit shall be effective on the date issued and shall expire fiye years after the da
issued. Carlsbad may apply for renewal of this Permit prior to the Permit's expiration. In applyir
for renewal, Carlsbad must wmply with Department rules, procedures and fees that are in effei;t
the time Carlsbad seeks to renew this Permit.
ASSIGNMENT AND TRANSFER
This Permit shall not be assigned or transferred without the written consent of tl
Department, except that this Permit may be assigned or transferred without Department approva
' but upon written notice to the Department, when the assignment or transtk is: (1) Part of a salt mexger, annexation, amsolidation or other acquisition of Carlsbad by another entity; or (2) To sear
a debt under the provision of any mort8a8R, deed of trust, indenture, bank credit agreement, or simila
instrument.
CEQA REVIEW
Ci of Carisbad has prepared a Mitigated Negative Declaration for the Project, and certifie
that document on November 25, 1997.
COMPLUNCEWITHOTHERLAWS
This Permit contains the Department's requirements for the Project pursuant to CESA an
does not create an entitlement to proceed with the Project. Carlsbad is responsible for complyinl
with all other applicable state, Meral and local laws. Failure to comply with all other applicable law
may void the incidental take authorization in this Permit.
NOTICES
All notices and other communications that are required to be in writing shall be delivem
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personalIy, by courier, by telecopy'with confirmation provided, or by first-class or certified mi
return receipt requested. Notices or transmittals SM be deemed delivered upon the earlier of act1
receipt or three days after posting by certified mail, if delivered to the following addresses or so
other addresses as may subsequently be provided by the Department or Carlsbad in writing:
CARLSBAD
DEPARTMENT
Attn: Lloyd Hubbs
Bud Lewis
City of CarIsbad
2075 Las Palmas Dr.
Cdsbad, CA 92009
GENERAL COUNSEL Legal AfEairs Division
Calibmia Department of Fish and Game
14 16 Ninth Street, Twelfth Floor
Sacramento, California 95814
REGIONAL
REPRESENTATIVE Ron Rempel, Regional Manager
Califamia Department of Fish and Game
330 Golden Shore Suite 50
Long Beach, Caiifoda 90802
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ATTACHMENTS
This Permit includes and incorporates the following as they pertain to least Bell's vireo i
southwestern willow flycatcher:
ATTACHMENT 1 Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of i
Cannon Road Extension Project
ATZACHMENT 2 Addendum to Conceptual Mitigation Plan for Cannon Rc
Extension Project Reaches 1 and 2
ATTACHMENT 3 Biological Opinion on the Cannon Road (Reaches 1 and
Permit Application No. 97-20130-TCD and 97-20 13 1-TCD, City of Carlsbad, California (1-6-97-
ATTACHMEm 4 Lett- regarding Cannon Road, Reaches 1 and 2: Clearing 5 1)
Riparian Vegetation and Revegetation EfEbrts in Macario Canyon: City of Carlsbad, California
ATTACHMENT 5 Streambed Alteration Agreement 5-044-97
ATT'ACXMENT 6 California Coastal Development Permits #6-97-010 and 6-09'
01 1 and condition subsequent
ISSUED BY XHE DEPARl" OF FISHAND GAME on ,1998:
By:
Ron Rempel, Regional Managw
Region 5
' Long Beach, California
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STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE ‘r
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUIT€ 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
City of Car7sbad Sherry Howard 2075 Las Palmas Carl s bad * CA 92008
NOTICE OF ACCEPTANCE
Date : Februarv 25. 1998
Applicant: Ci tv of Carl sbad
Document or P1 ans : Wetland Mitiaation/Restoration Plan. Monitorina Procrram. Final Plans. Least Bell’s Vireo and Southwestern Willow Flycatcher Nestinq Plan,
Runoff Control Plans. Erosion Control Plans. Reveaetation Plan. Staqina Area P1 ans.
Submitted in compliance with Special Condition(s) No(s). 1-8 of Coastal Development Permit No. 6-97-11
Materi a1 submitted in compliance with said Speci a1 Condition( s) of your .development permit has been reviewed by the District Director and found to fulfill the requirements of said condition(s1. Your submitted material and copy of this letter have been made a part of the permanent file.
Sincerely,
Char1 es Dam District Director M /A 3
By :
( 65334 1
5TA= bF CAL ' WORNIA - THE RESOURCES AGENCY
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PETE WI
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
311 I CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO. CA 92108-1725
(619) 5218036 COASTAL DEVELOPMENT PERMIT NO. 6-97-1 1
Page 1 of 7
On February 4.1998 , the California Coastal Commission granted to
the attached Standard and Special Conditions.
Description: Completion of Reach 1 of Cannon Road to construct a 450 foot long
City of Carlsbad this permit for the development described below, subject to
bridge over Macario Canyon fiom its west rim to its east rim with two
bridge abutments and four piers, requiring approximately 265,000 cubic
yards of fill. Also, construction of Reach 2 fiom the east rim of Macario
Canyon to El Camino Real, about 1.54 miles as a major arterial (104 ft.
right-of-way) with two 12-foot lanes in each direction, a 18-foot wide
landscaped median, two 8-feet wide bicycle lanes in addition to curb,
gutter, streetlights, signage, drainage facilities, a 5 foot wide sidewalk and
a 4.5 foot wide parkway. Also proposed is the construction of a bridge
over Agua Hedionda Creek at El Camino Real with a 130 foot by 90 foot
cast-in-place reinforced concrete slab and reinforced steel bar, two bridge
abutments and two piers; also proposed is a mitigation plan to mitigate
project impacts to riparian habitat and brackish marsh.
Plan Designation Open Space
Zoning P-U, E-A
Site: Easterly extension of Cannon Road, extending fiom present terminus at
west side of Macario Canyon to El Camino Real, Carlsbad, San Diego
county.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
and
fid PA
' COASTAL DEVELO~NT PERMIT NO. 6-97-1 1 0
Page 2 of _Z
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF
THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED
TO THE COMMISSION OFFICE.
ACKNOWLEDGMENT
The undersigned permittee acknowledges recei t of
conditions thereof.
this permit and a
- 76-48
Date e
ScoNDITIONs:
1. Notice of Receipt and AcknowledFment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission offke.
2. Expiratioq. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent m&er and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as
set forth below. Any deviation fiom the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the
development during construction, subject to 24-hour advance notice.
6. Assienment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
' COASTAL DEVELOPl&T PERMIT NO. 6-97-1 1 . e
Page 3 of _1.
SPECIAL:
The permit is subject to the following conditions:
1. Wetland MitigationRestoration. Prior to the issuance of the coastal development
permit, the applicant shall submit to the Executive Director for review and written
approval, a detailed wetland mitigation plan for all temporary and permanent impacts
associated with the proposed project. The plan shall contain a detailed site plan of the
wetland impact area(s), clearly delineating all areas of impact (temporary and permanent),
which shall identify the exact acreage of each impact so identified. The wetland
mitigation plan shall also incorporate the following:
a. Identification of the required offsite mitigation site(s). Said mitigation shall
occur on one or more of the following sites: the 3.3 1 acre site upland of Macario Canyon
as identified in the City's Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of
the Cannon Road Extension Project, dated January 1997, the .44 acre site on Kelly Ranch
adjacent to El Camino Real (reference Exhibit 4), the Tijuana Estuary and up to 3.02
acres within the Agua Hedionda Preserve as identified in consultation with the California
Department of Fish and Game. The proposed fee payment in-lieu of restoration of 3.02
acres within the Agua Hedionda Preserve is specifically not authorized. Use of any other
site to meet the mitigation requirement, other than those identified above, would require
an amendment to this permit. The applicant shall also submit a site plan of the
mitigation site(s) which quantifies the existing wetland and upland areas of the
property(ies), including those to be restored within the Agua Hedionda Preserve.
b. Mitigation of permanent direct wetland impacts associated with the proposed
development by creatiodrestoration of Southern Willow Riparian Scrub and Riparian
Scrub at a 3: 1 ratio (creation to loss). Thus, 4.77 acres of riparian habitat must be created
to mitigate proposed direct permanent impacts to 1.59 acres of reparian habitat.
Mitigation of permanent impacts to open water (0.14 acres) is required at a 1 : 1 ratio.
Said mitigation shall only involve upland suitable for conversion to wetlands, (Macario
Canyon and Kelly Ranch sites), as described in the Conceptual Wetlands Mitigatin Plan
for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997 andor
restoration as proposed in the Agua Hedionda Preserve area.
c. In-kind mitigation at a replacement ratio of 1 : 1 for all brackish marsh and
riparian vegetation shading impacts (0.9 acres) shall be required provided that mitigation
is shown to be successful by the five year monitoring plan described below; otherwise,
such mitigation shall be provided at the ratio of 2: 1 at the end of the five year monitoring
period.
d. In-kind revegetatiodmitigation at a replacement ratio of 1 : 1 for all temporary
construction impacts to brackish marsh and riparian vegetation resulting from
construction of haul roads, stockpile and staging areas, work areas extending a maximum
90 feet from the outside edge of Macario Canyon Reach 1 bridge, and 1,200 feet
southwest of Reach 1 bridge by revegetating and restoring the impact area to the original
condition before disturbance shall be required. Revegetation will include remedial work
* COASTAL DEVELO~NT PERMIT NO. 6-97-1 1 e - Page 4 of 2
such as decompaction and sufface treatment of the ground and restoration of natural
contours, with monitoring for three years, pursuant to the United States Fish and Wildlife
Service's Biological Opinion on Reaches 1 and 2 of Cannon Road dated October 8, 1997,
as amended 1/13/98 and Special Condition #7 below.
e. The applicant shall provide evidence in a form and content acceptable to the
Executive Director, that the owner of all identified mitigation sites has executed
irrevocable offers to dedicate to a public agency or private association acceptable to the
Executive Director, an easement for habitat restoration, habitat maintenance, open space
and habitat protection over any portion or all of the above properties identified in # 1 a.
The easement shall:
1. Permit the applicant, its agents, andor the accepting agency to enter the
property, create and maintain habitat, revegetate portions of the area, and fence the newly
createdrevegetated area in order to protect such habitats.
2. Restrict all development, vegetation clearance, fuel modification and
grading within the Environmentally Sensitive Habitat open space easement.
3. Permit the Coastal Commission sa to enter and inspect for purposes
of determining compliance with Coastal Development Permit #6-97-11.
The easement area shall be described in metes and bounds. The offer shall be recorded
fiee of prior liens and encumbrances which the Executive Director determines may affect
the interest being conveyed. The offer shall run with the land in favor of the People of
the State of California, binding all successors and assigns, and shall be irrevocable for a
period of 21 years, such period running fiom the date of recording.
f. With the exception of the in-lieu fee payment to the endowment fund as an
option for 30.2 acres of mitigation, the proposed project shall conform to the provisions
identified in the United States Fish and Wildlife Service's Biological. Opinion on Reaches
1 and 2 of Cannon road dated October 8, 1997, and the amendment to the Biological
Opinion dated January 13, 1998.
2. MonitorinP Program. Prior to the issuance of the coastal development permit, the
applicant shall submit for review and written approval of the Executive Director in
consultation with the Department of Fish and Game, a detailed monitoring program
designed by a qualified wetland biologist, applicable to all mitigation sites approved
pursuant to Special Condition #1 above and acceptable to the Executive Director. Said
monitoring program shall provide the following:
a. Submittal of evidence of the completion of the mitigation plan(s) addressed in
Special Condition #1 above, through submittal of "as built" plans in substantial
conformance with the final plans approved pursuant to Special Conditions #3.
' COASTAL, DEVELO~NT PERMIT NO. 4-97-1 1 0
Page 5 of 2
b. Monitoring reports on the extent of coverage, rate of growth and species
composition of all created wetland areas shall be submitted to the Executive Director on
an annual basis for five years following project completion.
c. The monitoring program shall include provisions for augmentation and
maintenance of the restoration efforts, including specific performance standards, designed
to assure 90% coverage in a five year period. The program shall include criteria to be
used to determine the quality and extent of the revegetation efforts, which shall include,
but not be limited to, survival rates and species composition.
d. At the end of the five year period, a more detailed report prepared in
conjunction with a qualified wetland biologist shall be submitted to the Executive
Director. If the report indicates that the mitigation has been, in part, or in whole,
unsuccessful, the applicant shall be required to submit a revised or supplemental
mitigation program to compensate for those portions of the original program which were
not successful. The revised mitigation program, if necessary, shall be processed as an
amendment to their coastal development permit.
3. Final PlandConformance with Mitieation Measures. Prior to issuance of
the coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, fmal site, grading and drainage plans, i.e., construction
drawings, in substantial conformance with the submitted preliminary plans and approved
by the City of Carlsbad, which shall clearly delineate the construction corridor associated
%th the Macario Canyon bridge. Said plan shall indicate that the construction corridor is
the minimum width necessary to construct the project and shall be developed by the City
in consultation with Cal-Trans. Any proposed changes to the approved plan shall be
reported to the Executive Director. No change to the plan shall occur without a
Commission-approved amendment to the permit unless the Executive Director
determines that no such amendment is required.
4. Least Bell's Vireo and Southwestern Willow Flycatcher Nesting. Prior to the
issuance of the coastal development permit, the applicant shall submit to the Executive
Director for review and written approval, in consultation with the Army corps of
Engineers (COE) and California Department of Fish and Game (DFG), evidence that
mitigation for impacts to Least Bell's Vireo and Southwestern Willow Flycatcher have
been incorporated into the project consistent with the requirements of the United States
Fish and Wildlife Service's Biological Opinion on Reaches 1 and 2 of Cannon Road
dated October 8, 1997. Any modification to the mitigatin requirements in the Biological
Opinion shall be reviewed and may require an amendment to this coastal development
permit.
5. Runoff Control. Prior to the issuance of a coastal development permit, the
applicant shall submit a runoff control plan designed by a licensed engineer qualified in
hydrology and hydraulics for those portions of the project which drain to Macario
Canyon, Agua Hedionda Creek and the Agua Hedionda Lagoon floodplain which would
assure no increase in peak runoff rate from the developed site over runoff that would
occur from the existing undeveloped site, as a result of a ten-year frequency storm over a
* COASTAL DEVEL-NT PERMIT NO. 5-97-1 1 0
Page 6 of 2
six-hour duration (1 0 year, 6 hour rainstorm). Discharge of storm flows shall not
contribute to erosion. Energy dissipating measures at the terminus of the proposed
outflow drains shall be constructed. The runoff control plan shall also include soil or
sand filtration or its equivalent sufficient to trap oils and suspended solids, preventing
them fiom entering the riparian and wetland areas located in Macario Canyon, Agua
Hedionda Creek and the Agua Hedionda Lagoon floodplain. The runoff control plan,
including supporting calculations, shall be submitted to, reviewed and approved in
writing by the Executive Director. If meeting the above standards results in sediment
control facilities such as desiltation or detention basins being required, an amendment to
this permit or a separate coastal development permit shall be required.
6. Erosion Control. Prior to the issuance of the coastal development permit, the
applicant shall submit final grading and erosion control plans in conformance with the
Regional Water Quality Control Board General Construction Activity Permit, which shall
incorporate the following:
A. All permanent runoff and erosion control devices shall be developed
and installed prior to or concurrent with any on-site grading activities.
B. All areas disturbed shall be stabilized in advance of the rainy season
(October 1 to March 3 1 of each year). The use of temporary erosion control measures,
such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt
traps shall be utilized in conjunction with platings to minimize soil loss from the
construction site.
C. All grading is prohibited between October 1 and April 1 of any year.
7. Revwetation Plan. Prior to the issuance of the coastal development permit,
the applicant shall submit a detailed revegetation plan indicating the type, size, extent and
location of all plant materials, any proposed irrigation system and other landscape
features to revegetate brackish marsh and riparian resources within Macario Canyon,
Agua Hedionda Creek and the Agua Hedionda Lagoon floodplain, including the
construction corridors of Macario Canyon and the Agua Hedionda Creek bridge crossing
as well as all disturbed or manufactured steep slope areas, including the fill structure on
the east side of Macario Canyon. Drought tolerant native plants compatible with adjacent
natural vegetation shall be utilized to the maximum extent feasible to re-establish the area
consistent with its present character. Said plan shall be submitted to, reviewed by and
approved in writing by the Executive Director in consultation with the California
Department of Fish and Game.
* COASTAL DEVELO~NT PERMIT NO. 4-97-1 1 0
Page 7 of _1
8. StaPinP Areas. Prior to issuance of the coastal development permit, the
applicant shall submit to the Executive Director, for review and written approval, detailed
plans incorporated into the construction bid documents, for the location of haul roads,
construction corridors and staging areas. Construction corridors and staging areas shall
be located in a manner that has the least impact on biological resources of the area, and
shall be limited to existing disturbed areas and roadways to the greatest extent feasible.
Encroachment into environmentally sensitive habitat areas shall not be permitted.
(70llp.doc)
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.' ... LOS ANGELES DISTRICT
US. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Permittee: City of Carlsbad
Permit Number: 97-20130-TCD
97-20131-TCD
Issuing Office: Los Angeles District
Note: The term "you" and its derivatives, as used in this permit, means the permittee or an
future transferee. The term "this office" refers to the appropriate district or division office o
the Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified
below.
Project Description: To construct Cannon Road West (Reaches 1 & 2) for approximately fol miles from LEGO Drive to El Camino Real. An unnamed stream in Macario Canyon will bc
crossed with a two-span, 454-foot long bridge. A channelized portion of Agua Hedionda
Creek will be crossed with a 1Wfoot long by 100-foot wide bridge. The Macario Canyon
Bridge (Reach 1) will impact approximately 1.9 acres of jurisdictional wetlands through fill
and shading. Approximately 0.68 acre of wetlands will be temporarily displaced via
construction impacts. (Therefore, a total of approximately 2.58 acres of impacts will occur a
this location.) At the Agua Hedionda Channel Bridge (Reach 2), approximately 0.74 acre of
jurisdictional wetlands will be displaced. The work is proposed as shown on the attached
drawings. To compensate for the proposed 3.32 acres of jurisdictional impacts (1.74 acres of
permanent, direct, 0.9 acre of indirect, shading, and 0.68 acre of temporary, direct impacts),
4.1 acres of brackish marsh and wetlands will be created in Macario Canyon adjacent to
mixed riparian areas, 1.8 acres of wetlands will be restored in Agua Hedionda Lagoon, and
0.44 acre of wetlands and open water, at the Kelly Ranch access road will be restored.
Project Location: In an unnamed tributary of the Agua Hedionda Lagoon in Macario
Canyon, and in the Agua Hedionda Creek channel, between LEGO Drive and El Camino
Real, in Carlsbad, San Diego County, California.
0 e
Permit Conditions
General Conditions:
1. The time limit for completing the authorized activity ends on April 20,2001. If you find
that you need more time to complete the authorized activity, submit your request for a timc
extension to this office for consideration at least one month before the above date is reached
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish tc cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification from this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this offic
of what you have found. We will initiate the Federal and state coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this perrnit, you must obtain the signature of the
new owner in the space provided and forward a copy of the permit to this office to validatf
the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished with the terms
and conditions of your permit.
Special Conditions: SPECIAL CONDITIONS FOR 97-20130-TCD
1. That the permittee shall comply with all terms and conditions of the Biological Opinion
rendered by the U.S. Fish and Wildlife Semice (FWS) on the Cannon Road (Reaches 1 b 2)Permit
Application No. 97-20230-TCD and 97-20131-TCD, City of Carlsbad, California (1-6-97-F-51), date'
October 8, 2997, as amended by City of Carlsbad letter dated January 13,1998 with
concurrence by FWS correspondence dated December 19,1997, for mitigation which will
occur concurrent with project, and as amended/extended in a letter from the FWS dated
March 16,1998, and with the terms and conditions presented therein for Cannon Road, Reach
1 and 2: Clearing of Riyarian Vegetation and Revegetation €forts in Macario Canyon; (sic) City of
Carlsbad, Califarnia.
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2. That the permittee shall comply with all terms and conditions of the Coastal develop me^
Permit No. 6-97-10 for Reach 1 of Cannon Road, issued by the California Coastal Commissic
(CCC), dated October 14, 1997.
3. That the permittee shall comply with all terms and conditions of the Coastal Developme1
Permit No. 6-97-11 for Reach 1 (2) of Cannon Road, issued by the CCC, dated February 25,
1998.
4. That the permittee shall not permanently impact more than 3.32 acres of Waters of the
United States, including jurisdictional wetlands, (Reach 1: southern willow scrub - 1.0 acre
direct, 0.8 acre shading; brackish marsh - 0.01 acre direct, 0.10 acre shading; Reach 2:
scrub - 0.13 acre), and 0.68 acre southern willow riparian habitat temporarily during
construction. No other temporary or permanent impacts shall occur.
5. That the permittee shall mitigate the project impacts in accordance with the Conceptual
Wetlands Mitigation Plan for Reaches 2 and 2 of the Cannon Road Extension Project, prepared by
Tetra Tech, Inc., dated January 1997. Mitigation will include the creation of 6.34 acres of
wetland habitat: 6.07 acres of vireo-quality southern willow riparian habitat, 0.13 acre of
brackish marsh, and 0.14 acre of open water habitat. The identified locations are as follows
a. Macario Canyon, at the southern boundary of Agua Hedionda Lagoon: 4.1 acres;
b. Kelly Ranch access road, adjacent to El Camino Real at Hidden Valley-Rd: 0.44 acre
c. W#est of, and across Agua Hedionda Creek from site b. (above): 1.3 acres; and
d. Adjacent to Park Drive: 0.5 acre.
southern willow scrub - 0.46 acre direct; open water - 0.14 acre direct; disturbed riparian
The 0.68 acre of temporary construction impacts to southern willow riparian habitat shall bt
restored within one year of impacts, and no later than March 15,2000.
All mitigation construction, except for the 0.44 acre of mitigation at Kelly Ranch, for
permanent impacts shall be initiated concurrent with, or in advance of, project impacts, and
shall be fully installed within 60 days of project commencement And no later &an April 30,
1999. The 0.44 acre of mitigation at Kelly Ranch shall be completed no later than March 15,
2000.
6. That the perimeter of the work site shall be adequately flagged and fenced to prevent
adverse impacts to adjacent riparian habitat. This work shall be supervised by a qualified
biologist. The work area shall not exceed 90 feet on either side of the bridge sites.
7. That a qualified biologist shall monitor activities on site and submit a monthly
construction monitoring report to the Corps, FWS, and California Department of Fish and
Game (CDFG). The report shall include the status of the project regarding habitat/resource
issues, including, but not limited to: vegetation clearing, jurisdictional impacts, nesting birds
flagging, fencing, pile driving, mitigation grading, compliance with agency conditions, and
any other pertinent wetland and fish and wildlife issues.
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8. That no equipment shall be operated in ponded or flowing areas. When work in a
flowing stream is unavoidable, the entire stream flow shall be diverted around the work art
by a barrier, temporary culvert, new channel, or other means to be approved by the Corps
and CDFG. Construction of the barrier and/or the new shall begin in downstream areas ar
continue in an upstream direction, and the flow shall be diverted only when construction 0.
the diversion is completed. Channel bank or barrier construction shall be adequate to
prevent seepage into or from the work area. Channel banks or barriers shall not be made c
earth or other substances subject to erosion unless first enclosed by sheet piling, rock ripraF
or other protective material to be approved by the Corps and CDFG. the enclosure and the
supportive material shall be removed in their entirety when the work is completed, and
removal shall proceed from downstream in an upstream direction. The disturbed areas sha
be restored to their pre-construction contours, and all exposed areas shall be stabilized.
9. That disturbed portions of any stream channel shall be restored, and shall include
revegetation of stripped or exposed areas with vegetation native to the area.
10. That construction of bridges, culverts, or other structures shall be such that water flow
not impaired. Bottoms of temporary culverts shall be placed at stream channel grade;
bottoms of permanent culverts shall be placed at or below stream channel grade.
11. That preparation shall be made so that runoff from steep, erodible surfaces will be
diverted into stable areas with little or no erosion potential. Frequent water checks shall be
placed on dirt roads, cat tracks, or other work trails to control erosion.
12. That water containing mud, silt, or other pollutants from aggregate washing or other
activities shall not be allowed to enter a lake or flowing stream or be placed in locations tha
may be subject to high storm flows.
13. That structures and associated materials not designed to withstand high seasonal flows
shall be removed to areas above the high water mark before such flows occur.
14. That staging/storage areas for equipment and materials shall be located outside of the
stream.
15. That if a stream's low-flow channel, bed, or banks have been altered, these shall be
restored as nearly as possible to their original contour, without creating future erosion
potential.
16. That all created and restored wetland habitats must be free of irrigation for a minimum
of one dry season (April 1 through October 1) and must meet agency-approved success
criteria. The criteria shall include meeting 5-year performance standards for growth and
coverage, and must be approved by the Corps, FWS, and CDFG as vireo-quality habitat (i.e.
containing new least Bell's vireo nesting territories and/or meeting coverage/strata
guidelines for least Bell's vireo). all planting shall have a minimum of 80% survival after th
first year, and 100% survival thereafter, and/or shall attain 75% cover after 3 years and 90%
cover after 5 years for the life of the project. If the survival and cover requirements have no
been met, the permittee shall replace plantings as necessary to meet these requirements.
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Replacement plants shall be monitored with the same survival and ,growth requirements for
years after planting. All created and restored southern willow riparian habitat shall meet
vireo-quality habitat standards.
17. That all planting shall be performed between October 1 and April 30 of the year to take
advantage of the winter rainy season, or shall be irrigated to ensure survival.
18. That an annual report shall be submitted to the Corps, FWS and CDFG by January 1 of
each year for 5 years after planting. This report shall include, but not be limited to, the
survival rate, per cent cover, and height of both tree and shrub species, the number of plafi
by species, replaced, an overview of the revegetation effort, and the method used to assess
these parameters and vireo surveys. Photographs taken at designated photo stations shall b
included.
19. That access to the work site shall be via existing roads and access ramps.
20. That spoil sites shall not be located within a stream, in a location where material will bt
washed back into a stream, or where it will cover aquatic or riparian vegetation.
21. That raw cement/concrete or washings thereof, asphalt, paint or other coating material,
oil or other petroleum distillates, or any other substances which could be hazardous to
aquatic life, resulting from project-related activities, shall be prevented from contaminating
the soil and/or entering Waters of the United States, including jurisdictional wetlands. W~I
operations are completed, any excess materials or debris shall be removed from the work
area. No trash shall be deposited within 150 feet of the high water mark of any stream.
22. That no equipment maintenance shall be performed within or near any stream channel
where petroleum distillates or other pollutants from the equipment may enter these areas
under any flow.
23. That the permittee shall provide a copy of this permit with conditions to all contractors,
subcontractors, and the permittee’s project supervisors. Copies of the permit and conditions
shall be readily available at work sites at all times during periods of active work and must 1:
presented to any Corps personnel, or any other agency personnel, upon demand.
24. That the permittee shall retain a qualified vertebrate paleontologist to develop a
paleontological resource impact mitigation program that is specific to the project. The
program must include, but not be limited to:
a. Conduct a pre-construction field assessment to locate fossils at surface exposures.
Salvage of fossils from known localities, including processing standard sample of matrix for
recovery of small vertebrates, and trackway replication.
b. Monitoring of excavation in areas likely to contain paleontologic resources by a
qualified paleontologic monitor. The monitor should be equipped to salvage fossils as they
are unearthed to avoid construction delays and to remove samples of sediments which are
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likely to contain the remains of small fossil vertebrates. The monitor must be empowered t
temporarily halt or divert equipment to allow removal of abundant or large specimens.
c. Preparation of recovered specimens to a point of identification, including washing
sediments to recover small fossil vertebrates.
d. Identification and curation of specimens into a museum repository with retrievable
storage.
e. Preparation of a report of findings with an appended itemized inventory of
specimens. The report and inventory, when submitted to the appropriate lead agency,
signifies the complet;on of the program to mitigate impacts to paleontologic resources.
Further Information:
1. Congressional Authorities. You have been authorized to undertake the activity describec
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of .others.
d. This permit does not authorize interference with any existing or proposed Federal
project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
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c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation
this permit.
4. Reliance on Applicant’s Data. The determination of this office that issuance of this perm
is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit a
any time the circumstances warrant. Circumstances that could require a reevaluation
include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in. 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you tc
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (SUC
as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for thle completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt
completion of the authorized activity or a reevaluation of the public interest decision, the
Corps will normally give you favorable consideration to a request for an extension of this
time limit.
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cates that you accept and agree to comply with the
5-26- 5l3
DATE
This permit becomes effective when the Federal official, designated to act for *e Secretary t
the Army, has signed below.
Richard J. Schubel DATE
Chief,Regulatory Branch
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding c
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date below.
TRANSFEREE DATE
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LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Permit Number: 97-20130-TCD
Name of Permittee: City of Carlsbad
Date of Issuance: April 20, 1998
Upon completion of the activity authorized by this permit, sign this certification and
return it to the following address:
Regulatory Branch - Los Angeles District Office
P.O. Box 2711
Los Angeles, California 90053-2352
ATTN: CESPL-CO-R-97-20130-TCD
Please note that your permitted activity is subject to a compliance inspection by an
Army Corps of Engineers representative. If you fail to comply with this permit you may bc
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of said permit.
Signature of Permittee Date
9
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