HomeMy WebLinkAboutLSA Associates Inc; 2016-07-28; TRAN1411AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR
ENVIRONMENTAL SERVICES, PROJECT NO. 3821
LSA ASSOCIATES, INC.
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This Amendment No. 1 is entered into and effective as of the 8~ day of lA a~ , 2017, extending and amending the agreement dated July
28, 2016, (theAgreement") by and between the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of
Carlsbad, ("CMWD"), and LSA Associates, Inc., ("Contractor") (collectively, the "Parties") for
Calavera Dam Vegetation Removal Project annual environmental monitoring services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to extend and fund the
Agreement for a period of one (1) year.
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one (1) year ending on July 28, 2018, on a time and materials basis not-
to-exceed twenty thousand dollars ($20,000).
2. CMWD will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed twenty thousand dollars ($20,000).
Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to
include hours performed, hourly rates, and related activities and costs for approval by CMWD.
3. Contractor will complete all work described in Exhibit "A" by July 28, 2018.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
LSA ASSOCIATES, INC.,
a California corporation
By:
(sign here)
f..es 6 thAirmrui,tc.Eo
( rint name/title)
By:
(sign here)
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad L
By: J'l11/d -
Elaine Lukey I ¥works Director
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
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EXHIBIT A
EXHIBIT "A"
SCOPE OF SERVICES.
Task Year 1 Budget Year 2 Budget Year 3 Budget
(April 2016 to (January 2017 to (January 2018 to
December 2016) December 2017) December 2018)
Task 1: Biological $8,500 $8,500 $8,500
Monitoring
Task 2: Pre-$700 $700 $700
Clearance Nesting
Bird Surveys
Task 3: Annual $4,500 $3,400 $3,400
Monitoring Reports*
Task 4: Project $600 $600 $600
Management,
Meeting, and
coordination
ESTIMATED TOTAL $14,600 $13,200 $13,000
* Annual Monitoring Reports are to be submitted to City for review by January 15 each calendar
year and submitted to the CA Department of Fish and Wildlife by January 31 each year. Annual
post-activity reporting per condition 4.2 Streambed Alteration Agreement SAA#1600-2013-0241-
R5 and shall be submitted electronically as follows:
ATTN: Streambed Alteration Program SAA#1600-2013-0241-R5 to
R%LSACompliance@wildlife .ca.gov
Note: Quadrennial Reporting as required by Condition 4.7 Streambed Alteration Agreement
SAA#1600-2013-0241-R5 is not currently covered in the agreement and will be required at the
end of Year 4 (December 2019 and report due January 31, 2020).
The total amount to be paid for services rendered, based on time and materials, will be an amount
not-to-exceed $20,000 per Agreement year.
Attachments:
Exhibit "A" Proposal and Rate Sheet from LSA dated April 1, 2016
Exhibit "8" Calavera Dam IS MND EIA 11-03
Exhibit "C" California Department of Fish and Wildlife Streambed Alteration Agreement
SAA#1600-20 13-0241-R5
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AGREEMENT FOR ENVIRONMENTAL SERVICES, PROJECT NO. 3821
LSA ASSOCIATES
AGREEMENT is made and entered into as of the ,Z 2{ &2: day of
~<=.H4-1---JL----' 2016, by and between the CARLSBAD MUNICIPAL WATER DISTRICT,
ency organized under the Municipal Water Act of 1911, and a Subsidiary District of
e ity of Carlsbad, ("CMWD"), and LSA ASSOCIATES, INC., a California corporation
("Contractor").
RECITALS
A. CMWD requires the professional services of a contractor that is experienced in
environmental monitoring and reporting for resource agency permit compliance for the Calavera
Dam Long-term Maintenance project.
B. Contractor has the necessary experience in providing professional services and
advice related to environmental monitoring and reporting.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The Executive Manager may amend the Agreement to extend it for four (4) additional one
(1) one year periods or parts thereof. Extensions will be based upon a satisfactory review of
Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of
Directors. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
based on time and materials in an amount not-to exceed twenty thousand dollars ($20,000) per
Agreement year. No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the
amount shall not exceed twenty thousand dollars ($20,000) per Agreement year. CMWD
reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work
and/or Services specified in Exhibit "A".
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers' compensation payment which CMWD
may be required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the
indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly
or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons
directly employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible
for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor
of a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers,
officials, employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein caused by
any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the
City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self-
administered workers' compensation is included as a loss, expense or cost for the purposes of
this section, and that this section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
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insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are
adequate to protect Contractor. If Contractor believes that any required insurance coverage is
inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense. The full limits available to the named insured shall also
be available and applicable to CMWD as an additional insured.
1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's
work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
1 0.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
1 0.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach, or may purchase
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replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by CMWD to obtain or
maintain insurance and CMWD may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
ForCMWD
Name Sherri Howard
Title Associate Engineer
Carlsbad Municipal Water
District
Address 1635 Faraday Avenue
Carlsbad CA 92008
Phone 760-602-2756
For Contractor
Name Jaime Morales
Title Senior Biologist/Project Manager
Address 703 Palomar Airport Road Suite 260
Carlsbad CA 92011
Phone
E-mail
760-931-5471
Jaime.Morales@lsa-assoc.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
Executive Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of
the Executive Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five {5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of worth
to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the
final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement. CMWD will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must
be asserted as part of the agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for CMWD to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement nor any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
LSA ASSOCIATES, INC.,
a California corporation
By:
By:
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under
the Municipal Water Act of 1911, and a
Subsidiary o· riel of the City,r;bad
ic Works Director
by the Executive Manager
(sign here) ~ob +t. McCOvnh ?r-~6ide.vd-
<print name/title) '
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By:._....&:gk---=------=....:=L.=.L.=~=· =.l.,l....__ __
Deputy General Counsel
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CERTIFICATE OF THE SECRETARY OF
LSA ASSOCIATES, INC., A CALIFORNIA CORPORATION
I, the undersigned, hereby certify:
1. That I am the duly appointed Secretary ofLSA Associates, Inc., a California
corporation;
2. That the Board of Directors of the corporation, acting by unanimous written
consent pursuant to the Bylaws ofthe corporation, has duly adopted the following resolution:
"RESOLVED, Les Card, Tim Lacy, Rob McCann, and Mike Trotta or any one of
them acting alone, are authorized to sign on behalf of the corporation contracts for the
performance of professional services provided by this corporation. Rosalena Evans is
authorized to sign when the contract requires two officers. The signature of any one
of said officers upon any such contracts shall be binding upon this corporation;
provided, however, that any contract involving professional services valued at more
than $250,000 shall also be signed by the Chief Executive Officer (Les Card) or the
President (Rob McCann) or the Executive Vice President (Mike Trotta) in addition to
one other authorized signer. No other persons are authorized to sign contracts for the
performance of professional services."
3. That the foregoing resolution has not been modified or rescinded, and is in full
force and effect.
Dated as ofMay 19,2016
617/16 (C:\Users\ Tim\AppData\Locai\Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\003DG73T\CERTIFICA TE OF
THE SECRETARY OF LSA MAY 2016-C2.doc)
UNANIMOUS WRITTEN CONSENT
TO ACTION WITHOUT A MEETING
OF THE BOARD OF DIRECTORS OF
LSA ASSOCIATES, INC.
a California Corporation
The undersigned, being all of the members of the Board of Directors (the "Board") of
LSA Associates, Inc., a California corporation (the "Corporation") who would be entitled to
notice of a special meeting of the Board for the purpose of taking the actions and adopting the
resolutions set forth below, do hereby waive such notice, take the following actions, adopt the
following resolutions by unanimous written consent to action without a meeting pursuant to
Section 307 of the Corporations Code of the State of California, and direct that this consent be
filed with the minutes of the Corporation:
SIGNING AUTHORITY
WHEREAS, the Board is authorized, pursuant to the Bylaws of the Corporation, to elect
or appoint officers, assistant officers and agents of the Corporation and to expressly delegate to
said officers or agents such duties and authority as the Board shall deem necessary and as the
needs of the Corporation may require including, without limitation, specific signatory rights on
behalf of the Corporation;
WHEREAS, pursuant to the Bylaws of the Corporation, the Board previously elected the
following officers and agents of the Corporation:
Les Card Chief Executive Officer
Rob McCann President
Mike Trotta Executive Vice President
Tim Lacy Secretary
Rosalena Evans Vice President Financial Management; and
WHEREAS, pursuant to the Bylaws the Board desires to expressly grant to the foregoing
officers of the Corporation certain rights and powers of signatory, including the right to make,
execute, sign, acknowledge, file and deliver contracts for the performance of professional
services provided by the Corporation.
NOW, THEREFORE, BE IT RESOL YEO, Les Card, Tim Lacy, Rob McCann, and Mike
Trotta or any one of them acting alone, are authorized to sign on behalf of the Corporation
contracts for the performance of professional services provided by this Corporation. Rosalena
Evans is authorized to sign when the contract requires two officers. The signature of any one of
said officers upon any such contracts shall be binding upon this Corporation; provided, however,
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that any contract involving professional services valued at more than $250,000 shall also be
signed by the Chief Executive Officer (Les Card) or the President (Rob McCann) or the
Executive Vice President (Mike Trotta) in addition to one other authorized signer. No other
persons are authorized to sign contracts for the performance of professional services.
RESOLVED, that all acts and deeds heretofore done or action taken by any officer or
agent of the Corporation for and on behalf of the Corporation, in entering into, executing,
acknowledging or attesting to any arrangements, agreements, instruments or documents which
carry out the terms and intentions of any of the foregoing resolutions are hereby in all respects
ratified, approved and confirmed; and it is further
RESOLVED, that this Unanimous Written Consent may be signed in any number of
counterparts, each of which (including any facsimile or "PDF" copies) shall be an original, with
the same effect as if the signatures thereto and hereto were upon the same instrument, and that
such counterparts (including any facsimile or "PDF" copies) shall together constitute but one and
the same instrument; and
RESOLVED, that the fully executed copy of this Unanimous Written Consent shall be
delivered to the Secretary of the Corporation for inclusion in the minutes of the proceedings of
the Board.
[Remainder of Page Intentionally Left Blank]
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EXHIBIT "A"
SCOPE OF SERVICES
Task Year 1 Budget Year 2 Budget Year 3 Budget
(April 2016 to (January 2017 to (January 2018 to
December 2016) December 2017) December 2018)
Task 1: Biological $8,500 $8,500 $8,500
Monitoring
Task 2: Pre-$700 $700 $700
Clearance Nesting
Bird Surveys
Task 3: Annual $4,500 $3,400 $3,400
Monitoring Reports*
Task 4: Project $600 $600 $600
Management,
Meeting, and
coordination
ESTIMATED TOTAL $14,500 $13,200 $13,000
* Annual Monitoring Reports are to be submitted to City for review by January 15 each calendar
year and submitted to theCA Department of Fish and Wildlife by January 31 each year. Annual
post-activity reporting per condition 4.2 Streambed Alteration Agreement SAA#1600-2013-0241-
R5 and shall be submitted electronically as follows:
ATTN: Streambed Alteration Program SAA#1600-2013-0241-R5 to
_13%LSACompliance@wildlife.ca.gov
Note: Quadrennial Reporting as required by Condition 4. 7 Streambed Alteration Agreement
SAA#1600-2013-0241-R5 is not currently covered in the agreement and will be required at the
end of Year 4 (December 2019 and report due January 31, 2020).
The total amount to be paid for services rendered, based on time and materials, will be an amount
not-to-exceed $20,000 per Agreement year.
Attachments:
Exhibit "A" Proposal and Rate Sheet from LSA dated April 1, 2016
Exhibit "B" Calavera Dam IS MND EIA 11-03
Exhibit "C" California Department of Fish and Wildlife Streambed Alteration Agreement
SAA#1600-20 13-0241-R5
General Counsel Approved Version 4/2/15
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L SA LSA ASSOCIATES, INC.
703 PALOMAR AIRPORT ROAD
SUITE 2!10
CARLSBAD, CALIFORNIA 920 I I
April1, 2016
Sherri Howard
City of Carlsbad
1635 Faraday A venue
Carlsbad, California 92008-7314
7G0.93l.547l TEL
760,9l/S.2458 FAX
BERKELEY
FRESNO
IRVINE
PALM SPRINGS
PT. RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
Exhibit "A"
Subject: Proposal for Biological Monitoring and Reporting of Routine Maintenance for the
Calavera Dam Vegetation Removal Project (LSA Proposal No. ZZZ213Jl)
Dear Ms. Howard:
LSA is pleased to submit this proposal for continued environmental consulting services associated
with the Calavera Dam Vegetation Removal Project (project) in the City of Carlsbad (City).
Specifically, this proposal addresses biological monitoring and reporting associated with vegetation-
clearing activities for a nearly three-year period (April16, 2016, to January 31, 2019) at the
approximately 3.07-acre site.
SCOPE OF SERVICES
Task 1: Biological Monitoring
The landscape contractor (Habitat Restoration Sciences [HRS]) will conduct four maintenance events
per year. Each maintenance event is expected to last four days, according to HRS. An LSA biologist
will monitor vegetation-clearing activities for a half day on the first day of each maintenance event,
and then two hours for each subsequent day of the maintenance event. Prior to the start of each
maintenance event, the biologist shall conduct a training session attended by all project personnel.
LSA will prepare and submit to the City a Daily Observation Report for each daily monitoring visit.
LSA has budgeted for 48 monitoring visits over the three-year period. Budget for each monitoring
visit includes Daily Observation Report preparation and submittal time and travel time and mileage to
and from the project site from the LSA Carlsbad office.
Task 2: Pre-Clearance Nesting Bird Surveys
During the bird breeding season (February 1 through September 15), an LSA biologist will conduct a
nesting bird survey prior to the commencement of vegetation-clearing activities for each maintenance
event. Each survey would be conducted no more than 72 hours before vegetation-clearing activities
commence. It is estimated that three out of the four maintenance events per year will be conducted
during the bird breeding season. Because the vegetation-clearing activities for each maintenance
event will be conducted on consecutive days, only one nesting bird survey will be required for each
maintenance event. However, if there is more than 72 hours of vegetation-clearing inactivity, an
additional nesting bird survey would be required. The results of each nesting bird survey will be
included in the Daily Observation Report to be prepared for the following monitoring visit. LSA has
budgeted for 10 pre-clearance nesting bird surveys. However, ifthe maintenance schedule permits,
( 4/l/20 16) L:\PROPOSAL\ZZZ213JJ -Calavera Dam\ZZZ213J !-Scope of Work Routine Maintenance Monitoring_Revised040 116.docx
PLANNING I ENVIRONMENTAL SCIENCES I DESIGN
[.S;\ ASSOCI.r\TFS, INC,
then LSA will conduct the nesting bird surveys on the same day as the beginning of each maintenance
event to reduce the number of visits and associated cost to the City.
Task 3: Annual Monitoring Reports
LSA will prepare an annual report summarizing the activities performed by HRS during the
maintenance visits for the calendar year. The report shall include all Daily Observation Reports,
meeting sign-in sheets, and Inspection Checklists. The annual report shall have an introduction,
summary of maintenance and monitoring activities, include the figures from the Maintenance and
Monitoring Manual for Lake Calavera Dam (City of Carlsbad 2012), and pictures of the site. LSA will
submit a draft version of each annual report to the City in electronic format for review. Upon
completion of review by the City, and upon receipt of one set of consolidated comments, LSA will
address the comments and finalize the report. Each annual report will be submitted to the Carlsbad
Municipal Water District and California Department of Fish and Wildlife by the due date of January 31
of the following year that is monitored. Budget for this task allows for one round of revisions for each
annual report. LSA has budgeted for the preparation of three annual reports.
Task 4: Project Management, Meetings, and Coordination
LSA has included budget for coordination with the City and HRS staff as needed. This coordination
may include telephone calls and/or emails and possibly attendance at one or more meetings. LSA has
allocated 16 hours for this task.
ESTIMATED BUDGET
LSA proposes to conduct the services described above on a time-and-materials basis. LSA estimates
the total cost for labor and other direct costs over the nearly three-year period at $40,700, as detailed
in the budget table below.
LSA will not exceed this amount without prior written authorization. If you are in agreement with the
terms and conditions of this proposal, please provide written authorization to proceed.
Task Year 1 Budget Year 2 Budget Year 3 Budget Total Budget
Task 1: Biological $8,500 $8,500 $8,500 $25,500 Monitoring
Task 2: Pre-
Clearance Nesting $700 $700 $700 $2,100
Bird Surveys
Task 3: Annual $4,500 $3,400 $3,400 $11,300 Monitoring Reports
Task 4: Project
Management, $800 $600 $400 $1,800 Meetings, and
Coordination
TOTAL $14,500 $13,200 $13,000 $40,700
(411116) L:\PROPOSAL\ZZZ213Jl-Calavera Dam\ZZZ213Jl-Scope of Work Routine Maintenance Monitoring_Revised040ll6.docx 2
LSA AS.SOCIAI'LS, INC.
Thank you for allowing LSA the opportunity to submit this proposal. If you require additional
information, you may contact me at (760) 931-5471.
Sincerely,
LSA, ASSOCIATES, INC.
Jaime Morales
Senior Biologist/Project Manager
Attachment: Standard Contract Provisions and Fee Schedule
( 411116) L:IPROPOSAL\ZZZ213Jl-Calavera Dam\ZZZ213Jl -Scope of Work Routine Maintenance Monitoring_Revised040 116.docx 3
LSA ASSOCIATES, INC.
HOURLY BILLING RATES EFFECTIVE JANUARY 2016
Job Classification Hourly
Cultural Rate
Planninl! Environmental Transportation Air/Noise Resources Biolo~ty GIS Range1·2
Principal Principal Principal Principal Principal Principal Principal $130-315
Associate Associate Associate Associate Associate Associate Associate $85-200
Senior Planner Senior Senior Senior Air Senior Cultural Senior Senior GIS $90-175
Environmental Transportation Quality/Noise Resources Biologist/Botanist/ Specialist
Planner Planner/Engineer Specialist Manager Wildlife Biologist/
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
Planner Environmental Transportation Air Quality/ Cultural Biologist/Botanist/ GIS $85-125
Planner Planner/Engineer Noise Resources Wildlife Biologist/ Specialist
Specialist Manager Ecologist/Soil
Scientist/
Herpetologist/
Arborist
Assistant Planner Assistant Assistant Air Quality/ Cultural Assistant Assistant $55-100
Environmental Transportation Noise Analyst Resources Biologist/Botanist/ GIS
Planner Planner/Engineer Analyst Wildlife Biologist/ Specialist
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
Field Services
Senior Field Crew/ $55-85
Field Crew
Office Services
Research Assistant/ $45---60
Technician
Graphics $90-120
Office Assistant $60-95
Word Processing/ $75-110
Technical Editing
I The hourly rate for work mvolvmg actual expenses m court, g1vmg depositions or similar expert testimony, will be billed at $400 per hour
regardless of job classifications.
Hourly rates are subject to review at least annually, on or about June I of each year, and may be adjusted to reflect changing labor costs at
LSA's discretion at that time.
LSA IN-HOUSE DIRECT EXPENSES, JANUARY 2016
Unit Cost
Reproduction (8.5 X II) B/W $.07 per page
Re!Jfoduction (8.5 X II) Color $.40 per page
Reproduction (11 X J7) B/W $.10 per page
Reproduction (11 X 17) Color $.75 per page
CD Production $5.00 per CD
Plotting $3.75 per sf
Mileag_e On Road $0.54 per mile
Mileage Off-Road $0.69 per mile
GPS Unit $75.00 per day
Total Station Surveying Instrument $50.00 per day
Level (Laser or Optical) $25.00 per day
Laser Rangefinder $25.00 per day
Sound Meter $75.00 per day
Aerial Photo Cost
Boat Rental $50.00/day
Water Quality Meter $25.00/day
L:\Market\PROPOSAL \Carlsbad\ZZZ213J !-Contract January 20 16.docx «04/01/16>> 4
Exhibit "B"
ENVIRONMENTAL IMPACT ASSESSMENT FORM-INITIAL STUDY
(TO BE COMPLETED BY THE PLANNING DIVISION)
BACKGROUND
1. CASE NAME: Calavera Dam Routine Maintenance Project
CASE NO: EIA 11-03
DATE: 08/06/12
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, Planning Division, 1635 Faraday
A venue Carlsbad CA 92008
3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy, (760) 602-4626
4. PROJECT LOCATION: Lake Calavera Reservoir adjacent to Tamarack Avenue on west, border
with Oceanside on the north, and open space preserve land on the east and south of the dam.
5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Carlsbad, Utilities Department
Engineering Division, Sherri Howard, same address as above.
6. GENERAL PLAN DESIGNATION: -"'0'-"'p=en"'"'S~p"-"a=ce.:::...l,.:(O=S"-') _____________ _
7. ZONING:~O~p~en~S~p~a~c~e~(O~S~)~---------------------
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Department ofFish and Game
9. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
PROJECT BACKGROUND
The proposed project is the removal of vegetation from the upstream, downstream, spillway, intake/outlet
structure, and associated areas at the Lake Calavera Dam. The project site is located at the southwestern
end of Lake Calavera, off Tamarack Avenue in the City of Carlsbad (see Figure 1). It is located within the
hardline preserve boundary of the City's Habitat Management Plan (HMP) as depicted in Figure 2. This
project demonstrates compliance with the HMP and will not require an HMP permit from the City.
The reservoir is formed by the compacted earth-fill dam containing rock blankets on both upstream and
downstream faces. The decomposed granite base was excavated and the dam and spillway structures were
completed in 1941. The primary function of the Lake Calavera Reservoir is storm water retention for
flood control. The surface area of the reservoir, when full, is approximately 21 acres. Its maximum
storage capacity is approximately 540 acre-feet. The average depth of the reservoir is between 12 to 16
feet and has a maximum water depth of 54 feet. The dam has a height of 67 feet from top of dam to the
outfall structure.
The parcel encompassing the Lake Calavera Reservoir is owned by the City of Carlsbad (City) and the
Carlsbad Municipal Water District (CMWD) operates and maintains the dam. In 2006, the CMWD
initiated the Calavera Dam Remedial Improvements Project, which was completed in 2006, to repair the
badly neglected dam and appurtenances to comply with the State of California Division of Safety of
Dams (DSOD) requirements. That project included repairs to the existing Lake Calavera Reservoir
intake/outlet structure, spillway, and access road; slip-lining the existing outlet; and construction of a
control building including fencing for improved site security around the dam operations. Vegetation was
removed at that time, but has since grown back. Pursuant to DSOD directives, vegetation on the dam and
i
L SA LEGEND
c:J Project Location
1000 2000
FEET
SOURCE: USGS 7.5' Quad -San Luis Rey (1975), CA
R:IHCR1102\G1S\Fig1_Proj_Loc.mxd (7/13/2011)
FIGURE 1
Calavera Dam
Routine Maintenance Project
Project Location
L SA LEGEND FIGURE2
c:J Project Location -Proposed Hardline Conservation Areas
[I] Local Facilities Management Zones -Outside-Conserved
Existing Hardline Conservation Areas -Standards Area
3100 6200
FEET
SOURCE: City of Carlsbad (20 II)
R:\HCRJJ02\GIS\HMP _Location.mxd (7113/2011)
Calavera Dam
Routine Maintenance Project
Habitat Management Plan Location
EIA 11-03
Calavera Dam Routine Maintenance Project
in the spillway should be removed as needed to allow visual inspection of dam for erosion, rodent
burrowing, and for general dam safety.
Responsibility for supervision of dams and reservoirs is assigned to the Department of Water Resources
(DWR) and delegated to the DSOD. Water Code Sections 6000 to 6004.5 and 6025.5 identify dams and
reservoirs that are under State jurisdiction. In matters relating to the California Environmental Quality Act
(CEQA), the DWR is typically the lead or responsible agency for dams and reservoirs. According to
CEQA Section 1530l(m), repair and maintenance of dams is exempt from CEQA; however, Section
15300. 2(a) states "a project that is ordinarily insignificant in its impact on the environment may in a
particularly sensitive environment be significant." Therefore, since the repair activities involve the
removal of sensitive habitat, the project will require environmental review. The City (the CEQA lead
agency and the project proponent) has indicated that an Initial Study is required. The DSOD, California
Department ofFish and Game (CDFG), and CMWD are responsible agencies under CEQA.
PROJECT PURPOSE
The purpose of the proposed project is to respond to a recommendation from the DSOD in a field
inspection report dated April 19,2010, that the following actions be taken:
• Remove the small trees located near the downstream end of the spillway channel on the top left side;
and
• Remove all obscuring vegetation from the upstream and downstream faces of the dam, including the
cattails on the upstream face.
The DSOD field inspection report further explained that the "dense tule growth on the upstream face of
the dam made it difficult to conduct a thorough visual inspection and provided an inviting area for rodents
and burrowing animals. All tules located on the upstream face of the dam should be removed." The tule
growth on the upstream face of the dam is depicted in the Site Photographs (Attachment A).
PROJECT DESCRIPTION
The project site is located at the southwestern end of Lake Calavera, off Tamarack A venue in the City of
Carlsbad. The project entails removal of vegetative material from the north (lakeside or upstream side)
and south (downstream side) faces of the dam, spillway, and outlet structure in response to an order from
the DSOD. The proposed project includes initial vegetation removal (to be conducted in 2012) and
ongoing, periodic vegetation removal in perpetuity. This ongoing vegetation removal is required in order
to comply with DSOD permits for the dam. It allows for visual inspection of the structure to keep dam
erosion in check and minimize rodent burrowing. The vegetation in the immediate and surrounding
(within 400 feet from the dam) vicinity is dominated by Diegan Coastal Sage Scrub, Disturbed Land,
Coastal and Valley Freshwater Marsh, Non-native Grassland, Non-native Vegetation, Southern Willow
Scrub, Mule Fat Scrub, Coast Live Oak, Riparian Forest, and Open Water.
The proposed project consists of routine maintenance to the existing Lake Calavera Reservoir
intake/outlet structure intended to remove potential impediments to flows from the dam, spillway, access
road, and dam face (upstream and downstream). Minor vegetation removal from the control building and
security fencing will also be performed concurrently. Additionally, initial vegetation removal is required
and will include removal of all vegetation to 4 inches above the ground surface and will be completed
outside the nesting bird season (February 15 to September 15). Roots will remain in place to provide
erosion control and slope stability. The ongoing routine maintenance will require periodic removal of
vegetation when vegetation exceeds 6 inches in height. The City estimates maintenance will be required
approximately 3 to 6 times per year, depending on weather conditions. Because this vegetation grows
4 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
rapidly during the bird breeding season, vegetation removal may be required during the breeding season.
Should vegetation removal be required during the breeding season, pre-maintenance nesting bird surveys
will be conducted and areas of nesting birds will be avoided.
The total area subject to ongoing maintenance activities (vegetation removal) includes approximately 3
acres, 2.8 acres of which has been continuously maintained in the past. Vegetation (including some
riparian habitat) would be removed using any or all of the following methods: by hand, application of
herbicide, and mechanically (using a Gradall excavator [or equivalent] from the top of the dam). All
mechanical equipment and trucks used during maintenance activities would be staged in paved or
developed areas on the top of the dam or on the access road where the substrate is either bare ground or
paved. No ground disturbance (i.e., grading) is proposed as part of the project. Initial maintenance would
include removal of some trees and shrubs as well as low-growing vegetation. When necessary, installation
of temporary exclusionary fencing would ensure that the limits of construction are clearly defined and
clearly visible to personnel on foot and equipment operators prior to brush-clearing activities.
Construction personnel shall strictly limit their activities and vehicles to the proposed project construction
areas, approved staging areas, and routes of travel. The lake level may be lowered by up to approximately
3 feet in order for submerged vegetation to be removed. No permits or permissions are required from the
DSOD for the CMWD to perform maintenance (including lowering and raising lake levels as required for
maintenance activities). For the initial vegetation removal, vegetative materials would be mulched in a
chipper and hauled away in trucks to an approved disposal facility. This removal effort will occur outside
the bird breeding season. It is estimated that approximately 5 truckloads for removal of debris would be
necessary. Routine vegetation removal maintenance activities will occur in perpetuity, as needed, for a
period of approximately 1 to 5 days per maintenance event, which may occur approximately 3 to 6 times
per year. During the bird breeding season, vegetation materials will be mulched off site to avoid noise
disturbance to nearby habitats.
The CEQA Lead Agency is the City of Carlsbad. Permits will be required from the CDFG for impacts to
riparian habitat (pursuant to the Lake and Streambed Alteration Program). The DSOD, CDFG, and
CMWD are responsible agencies under CEQA.
5 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The summary of environmental factors checked below would be potentially affected by this prQject,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Signiticant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
D Aesthetics
D Agricultural and
Resources
D Air Quality
cgj Biological Resources
D Cultural Resources
D Geology/Soils
DETERMINATION
D Greenhouse Gas Emissions
Forestry D Hazards/Hazardous Materials
D Hydrology/Water Quality
cgj Land Use and Planning
D Mineral Resources
0Noise
(To he completed by the Lead Agency)
D Population and Housing
D Public Services
D Recreation
D Transportation/Traffic
D Utilities & Service Systems
cgj Mandatory Findings of
Significance
D I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGA TlVE DEC LARA TlON will be prepared.
cgj I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
will be prepared.
D I tind that the proposed project MAY have a significant etlect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
D I find that the proposed pn~ject MAY have "potentially significant impact(s)" on the environment,
but at least one potentially significant impact I) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. A Negative Declaration is
required, but it must analyze only the effects that remain to be addressed.
D I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant etTects (a) have
been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed
project. Therefore, nothing further is required.
Date
B/J'i/2o12-
Date' •
6 ReY. 08/03/12
ENVIRONMENTAL IMPACTS
EIA 11-03
Ca1avera Dam Routine Maintenance Project
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the
environment. The Environmental Impact Assessment appears in the following pages in the form of a
checklist. This checklist identifies any physical, biological, and human factors that might be affected by
the proposed project and provides the City with information to use as the basis for deciding whether to
prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved
EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by an information source cited in the parentheses following each question. A "No Impact"
answer is adequately supported if the referenced information sources show that the impact simply
does not apply to projects like the one involved. A "No Impact" answer should be explained when
there is no source document to refer to, or it is based on project-specific factors as well as general
standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is
not significantly adverse, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact." The developer must agree to the mitigation, and the City must describe the
mitigation measures, and briefly explain how they reduce the effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significantly adverse.
• Based on an "EIA-Initial Study," if a proposed project could have a potentially significant adverse
effect on the environment, but all potentially significant adverse effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration,
including revisions or mitigation measures that are imposed upon the proposed project, and none of
the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation
measures required by the prior environmental document have been incorporated into this project, then
no additional environmental document is required.
• When "Potentially Significant Impact" is checked, the project is not necessarily required to prepare an
EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to
applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations"
has been made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project
or any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if
there are mitigation measures to clearly reduce adverse impacts to less than significant, and those
mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate
"Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated
Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not
limited to the following circumstances: (1) the potentially significant adverse effect has not been
discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not
agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement
7 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
of Overriding Considerations" for the significant adverse impact has not been made pursuant to an
earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than
significant; or ( 4) through the EIA-Initial Study analysis, it is not possible to determine the level of
significance for a potentially adverse effect or determine the effectiveness of a mitigation measure in
reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of
questions. Particular attention should be given to discussing mitigation for impacts, which would
otherwise be determined significant.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
I. AESTHETICS-Would the project:
a) Have a substantial adverse effect on a scenic D D ~ D vista?
b) Substantially damage scenic resources, D D ~ D including but not limited to, trees, rock
outcroppings, and historic buildings within a
State scenic highway?
c) Substantially degrade the existing visual D D D character or quality of the site and its
surroundings?
d) Create a new source of substantial light and D D D glare, which would adversely affect daytime or
nighttime views in the area?
a) Have a substantial adverse effect on a scenic vista?
Less Than Significant Impact. The Lake Calavera reservoir and associated dam facilities are located
within the viewshed of a number of residential homes to the north and west of the site. It is also visible
briefly to motorists on Tamarack A venue, a collector street west of Lake Calavera. In addition, the Lake
Calavera Trails Master Plan (City of Carlsbad, 2009) and City of Carlsbad Open Space and Conservation
Maps (City of Carlsbad, 2005) designate a planned public trail, with picnic area and viewpoint traveling
within the open spaces along the northern edge of the reservoir area. Recreational trail users would be
able to view the project area from existing trail uses in the surrounding area. However, views of
maintenance activities would be short-term (1-5 days per event) and therefore not considered significant.
All lands within and adjacent to the area of proposed impacts are designated by the General Plan Land
Use Element for open space uses, and are correspondingly zoned Open Space. The project involves
temporary maintenance activities that will be limited to durations of up to 5 days per maintenance event.
Vegetation will be removed by hand, and mechanically by using equipment (such as a Gradall) staged on
the bare ground and developed portions of the project site (i.e., on top of the dam and spillway apron).
Vegetation was removed in 2009 from the majority of the project site during implementation of the
Remedial Improvements Project (City of Carlsbad, 2006) and has since grown back in some areas. The
8 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
maintenance activities proposed for the project will not obstruct any scenic vistas or result in significant
visual impacts. Therefore, the project will not have a substantially adverse impact on any scenic vista.
b) Substantially damage scenic resources including but not limited to trees, rock outcroppings,
and historic buildings within a state scenic highway?
Less Than Significant Impact. No unique scenic resources are present on site or in the vicinity of the
site. Although some trees will be removed during maintenance, there are no City-designated heritage trees
or otherwise locally important trees on the site. No rock outcroppings will be affected by the proposed
project. No historic buildings are located in or adjacent to the subject dam site. Vegetation, including
trees, will be removed, but will not substantially change the visual character of the area. The area of
proposed impact is not located within the viewshed of a State scenic highway or any State highway that is
designated by the California Department of Transportation (Caltrans website
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm, accessed January 2011) as eligible for
listing as a scenic highway. Therefore, the proposed project will not have a substantially adverse impact
related to scenic resources.
c) Substantially degrade the existing visual character or quality of the site and its surroundings?
Less Than Significant Impact.
The existing visual character of the site is that of an artificially created reservoir, surrounded by natural
rolling hillsides. Coastal sage scrub native vegetation covers the surrounding upland areas, and riparian
vegetation, including primarily southern willow scrub vegetation, occurs to the east of the Lake Calavera
reservoir. The proposed vegetation removal will occur for period of up to 5 days per maintenance event.
Changes to the visual environment during the vegetation removal include the presence of trucks, a
vegetation mulching device, a Gradall excavator (or equivalent), and several workers. Permanent visual
impacts of the proposed project will involve removal of vegetation, including trees and shrubs. The
majority of vegetation to be removed is low-growing vegetation that was subjected to disturbance and
removal previously during the Remedial Improvements Project in 2006. The trees and shrubs proposed
for removal are not a unique scenic resource, and the 3-acre project area is small in the context of the
overall preserve (256.1 acres); therefore, existing conditions will not change substantially and temporary
maintenance activities will not degrade the existing visual character of the site. Thus, the project will not
have a substantially adverse impact on any scenic vista.
d) Create a new source of substantial light and glare, which would adversely affect daytime or
nighttime views in the area?
No Impact. The existing control building facility is currently equipped with low-level security lighting on
the exterior of the structure that is directed downward and away from the residences to the north and west.
The proposed maintenance activities will be performed during daylight hours only. The proposed project
would not create a new source of light or glare and would not affect nighttime views in the area.
Therefore, there is no impact with regard to light and glare.
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EIA 11-03
Ca1avera Dam Routine Maintenance Project
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
II. AGRICULTURAL AND FOREST RESOURCES -(In determining whether impacts to
agricultural resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department
of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry and
Fire Protection regarding the state's inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement
methodology provided in Forest Protocols adopted by the California Air Resources Board.) Would the
project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forestland (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 511 04(g))?
d) Result in the loss of forestland or conversion of
forestland to non-forest use?
e) Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland to
non-agricultural use or conversion of forestland
to non-forest use?
D
D
D
D
D
D D
D D
D D
D D
D D
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency to nonagricultural use?
No Impact. The project site is not used for farming and is not designated Farmlands. The project site is
designated as "Other Land" and not designated as any category of important farmland on the "California
Department of Conservation -San Diego County Important Farmland" exhibit dated September 2002.
10 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
This category is defined as "Land which does not meet the criteria of any other category." Other
categories include Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of
Local Importance, and Grazing Land. In addition, the proposed project involves maintenance only; it will
not result in a change to existing uses of the site. Therefore, the project would not convert farmland to
non-agricultural use and no impact would occur.
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
No Impact. The proposed project site is currently zoned for open space uses. Although agricultural
operations are allowed in the Open Space zone, no agricultural operations are presently conducted in the
proposed project area. The project area is not located on Williamson Act land, nor does a Williamson Act
contract restrict development on the site. The site is not zoned for agricultural use. Therefore, there are no
impacts related to zoning for agricultural uses or Williamson Act contract.
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public
Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section
4526), or timberland zoned Timberland Production (as defined by Government Code Section
51104(g))?
No Impact. The proposed maintenance project would not conflict with the existing zoning or land uses
within the project site or in adjacent areas. None of the proposed project is a forestry or timber zone, nor
is any of the project area used for forestry or timber purposes. No impacts related to rezoning of
forestland, timberland, or timberland production would occur.
d) Result in the loss of forestland or conversion offorestland to non-forest use?
No Impact. The proposed project is not located within or in the vicinity of a Federal, State, or locally
designated forest and will not result in the loss of forestland or the conversion of any forestlands to a non-
forest use either directly or indirectly. Therefore, there are no impacts related to conversion offorestlands.
e) Involve other changes in the existing environment, which, due to their location or nature, could
result in conversion of Farmland to non-agricultural use or conversion of forestland to non-
forest use?
No Impact. The proposed project will not result in the conversion of any agricultural lands or forestlands
either directly or indirectly. Therefore, there are no impacts related to conversion of farmland or
forestlands.
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
III. AIR QUALITY -(Where available, the significance criteria established by the applicable air
quality management or air pollution control district may be relied upon to make the following
determinations.) Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
11
D D D
Rev. 08/06112
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in non-attainment under an
applicable Federal or State ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is located in the San Diego Air Basin (SDAB), which is a State non-
attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter
(PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the SDAB,
particularly for ozone in inland foothill areas, require that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning
process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution
Control District (APCD) and the San Diego Association of Governments (SANDA G).
A plan to meet the Federal standard for ozone was developed in 1994 during the process of updating the
1991 State-mandated plan. This local plan was combined with plans from all other California non-
attainment areas having serious ozone problems and used to create the California State Implementation
Plan (SIP). The SIP was adopted by the California Air Resources Board (CARB) after public hearings on
November 9 through 10, 1994, and was forwarded to the Environmental Protection Agency (EPA) for
approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog
problems, the EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that
are incorporated into the air quality planning document. These growth assumptions are based on each
city's general plan and the County's General Plan. If a proposed project is consistent with its applicable
General Plan, then the project presumably has been anticipated with the regional air quality planning
process. Such consistency would ensure that the project would not have an adverse regional air quality
impact.
Section 15125(d) of the CEQA Guidelines contains specific reference to the need to evaluate any
inconsistencies between the proposed project and the applicable air quality management plan.
Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the
12 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
steps needed to accomplish attainment of State and Federal ambient air quality standards. The CARB
provides criteria for determining whether a project conforms to the RAQS, which include the following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the SDAB and, as such, is located in an area where the 2004 RAQS is being
implemented. The project is the maintenance of an existing public dam and, therefore, is consistent with
the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct
implementation of the regional plan; therefore, no impact will occur.
b) Violate any air quality standard or contribute substantially to an existing or projected air
quality violation?
Less Than Significant Impact. The closest air quality monitoring station to the project site is at the
Marine Corps Base Camp Pendleton. Data available (http://www.arb.ca.gov/adam/ Accessed January
2011) for this monitoring site from 2006 through 2010, indicate that the most recent air quality violations
recorded were for the State one hour standard for ozone (a total of 1 day during the 5-year period) and the
Federal and State eight-hour standards for ozone (a total of 4 days for the Federal and 18 days for the
State standard during the 5-year period). No other violations of any air quality standards have been
recorded during the 5-year time period. Long-term emissions associated with travel to and from the
project will be negligible because the project takes place for a limited duration of 1 to 5 days per
maintenance event, which are estimated to take place approximately 3 to 6 times per year. Any air quality
impacts would be short-term and localized as a result of vehicle usage and use of portable equipment. The
main pollutants of concern related to implementation of the proposed project are short-term emissions of
fugitive dust (containing PM10 and PM25) from off-road vehicular traffic (especially during high wind
conditions). In accordance with standard operational procedures and protocols (listed below), along with
the implementation of appropriate Best Management Practices (BMPs) and dust abatement measures
(e.g., wetting down of roads), the emissions of PM10 and PM2.5 would be minimized and would not
exceed the SDAPCD thresholds for these pollutants. Furthermore, appropriate dust abatement measures
would be implemented to ensure compliance with SDAPCD Rules 50 (Visible Emissions) and 51
(Nuisance). Maintenance activities would generate combustion emissions from utility engines, on-site
heavy-duty construction vehicles, equipment hauling materials to and from the site, and motor vehicles
transporting maintenance crews. Exhaust emissions during maintenance activities would vary daily as
maintenance activity levels change. The use of maintenance equipment would result in localized exhaust
emissions. To determine whether a significant impact would occur during maintenance activity, the
SDAPCD informally recommends quantifying construction emissions and comparing them to
significance thresholds (pounds per day) found in the SDAPCD regulations for stationary sources
(pursuant to SDAPCD Rule 20.1, et seq.). Based on the proposed schedule, the peak-day emissions
associated with maintenance have been estimated using the California Emissions Estimator Model
(CalEEMod; version 2011.1.1). Table A summarizes the modeled maintenance emissions. Emissions
worksheets are included in Attachment B.
As indicated in Table A, construction equipment emissions would not exceed the daily thresholds for the
criteria pollutants carbon monoxide (CO), volatile organic compounds (VOC), nitrogen oxides (NOx),
sulfur oxides (SOx), PM 10, and PM2.5• Emissions of C02 are included for the global climate change
discussion.
13 Rev. 08/06/12
Table A: Daily Maintenance Emissions
Phase
Annual Maintenance
APCD Emissions Threshold
Does any phase exceed threshold?
CO -carbon monoxide
C02 = carbon dioxide
lbs/day =pounds per day
NOx =nitrogen oxides
PM10 =particulate matter less than I 0 microns in size
Source: LSA Associates, Inc., July 2010.
co
8.93
550
No
EIA 11-03
Ca1avera Dam Routine Maintenance Project
Daily Emissions (lbs/day)
voc NOx SOx PM to PMz.5
2.18 11.50 0.01 0.78 0.78
75 250 250 100 55
No No No No No
PM2.s -partiCulate matter less than 2.5 microns m size
APCD = San Diego Air Pollution Control District
SOx= sulfur oxides
VOC =volatile organic compounds
COz
1,277.44
No
Threshold
The following operating procedures and protocols are incorporated into the proposed project and would
further minimize potential emissions impacts:
• All City employees and contractors would use vehicles that are in compliance with current CARB
regulations.
• Traffic speeds on unpaved roads and other unpaved areas within the right-of-way (ROW) would be
limited to 15 mph.
• Vehicle idling time would be limited to a maximum of five minutes for vehicles and construction
equipment, except where idling is required for the equipment to perform its task.
• All construction equipment will be maintained at appropriate mechanical and electrical tuning levels
per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall
be turned off. This would include dump trucks waiting to deliver or receive materials.
• Project construction vehicles shall implement the following measures in order to minimize
construction-related emissions due to dust:
o Water all active construction areas at least twice daily.
o Cover all trucks hauling loose materials.
Although air pollutant emissions would be associated with the project, they would neither result in the
violation of any air quality standard (comprising only an incremental contribution to overall air basin
quality readings), nor contribute substantially to an existing or projected air quality violation. Therefore,
impacts associated with air quality violations are considered less than significant.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is in non-attainment under an applicable Federal or State ambient air quality
standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors)?
Less Than Significant Impact. The SDAB is currently in a State non-attainment zone for ozone and
suspended fine particulates. The proposed project would represent a contribution to a cumulatively
considerable potential net increase in emissions throughout the air basin. As described above, however,
emissions associated with the proposed project would be minimal. Given the limited emissions potentially
associated with the proposed project, air quality would be essentially the same whether or not the
proposed project is implemented. In accordance with CEQA Guidelines Section 15064(h)(3), the
proposed project's incremental contribution to the cumulative effect is not cumulatively considerable and
impacts related to this threshold are considered less than significant.
14 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
d) Expose sensitive receptors to substantial pollutant concentrations?
Less Than Significant Impact. As noted above, the proposed project would not result in substantial
pollutant emissions or concentrations. The nearest school, Calavera Hills Elementary and Middle School,
is located approximately 441 feet from the project area and the nearest residence is located 380 feet from
the project site. Because the proposed project would not result in substantial pollutant emissions or
concentrations, impacts to sensitive receptors are considered to be less than significant.
e) Create objectionable odors affecting a substantial number of people?
Less Than Significant Impact. The construction of the proposed project could generate fumes from the
operation of construction equipment, which may be considered objectionable by some people utilizing the
recreational trails. The nearest residence is located 380 feet from the project site and the nearest school is
located 441 feet from the project site. Fumes generated from mechanical equipment used during
vegetation removal are not likely to reach residential or school areas due to the distances to these
receptors. Users of recreational trails in the area will be redirected away from maintenance activities with
construction fencing and/or signage. Additionally, any such exposure would be short-term or transient
and the number of people exposed to such transient impacts is not considered substantial. Therefore,
impacts related to objectionable odors are considered less than significant.
IV. BIOLOGICAL RESOURCES-Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any
riparian, aquatic, or wetland habitat or other
sensitive natural community identified in local
or regional plans, policies, or regulations or by
California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited
to marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
15
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D D
D D
D
Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
d) Interfere substantially with the movement of any D
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or State habitat conservation plan?
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant No
Impact Impact
D ~
D
D
a) Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special-status species in local or regional plans,
policies, or regulations, or by California Department of Fish and Game or U.S. Fish and
Wildlife Service?
Potentially Significant Unless Mitigation Incorporated. No special-status plant or wildlife species
were identified on site during the general reconnaissance survey performed by LSA on May 18, 2011, as
documented in the Biological Resources Report dated January 2012 (Attachment C). Potentially suitable
habitat for special-status species covered by the City's HMP exists on site and may be indirectly affected
by temporary construction disturbance and loss of suitable habitat. The City's HMP enables the City,
through compliance with the HMP, to authorize "take" of these listed species. The HMP-covered species
with a potential to occur on site include orange-throated whiptail (Aspidoscelis hyperythra), burrowing
owl (Athene cunicularia hypugea), coastal California gnatcatcher (Polioptila californica californica),
Cooper's hawk (Accipiter cooperii), least Bell's vireo (Vireo bellii pusillus), Southern California rufous-
crowned sparrow (Aimophila ruficeps), and yellow-breasted chat (Icteria virens).
Personal communication with City Staff and the Calavera Mitigation Preserve Manager, Center for
Natural Lands Management (CNLM), Markus Speigelburg (via email July 20, 2011, June 5, 2012, and
June 7, 2012) indicates that least Bell's vireo and burrowing owl sign and individuals have not been
observed in the project area during regular surveys conducted by the CNLM as part of preserve
management nor are they anticipated to occur in the project area. The CNLM conducts annual protocol
surveys as part of the City's Preserve Management efforts and documents its findings in annual reports
published by the City. Coastal California gnatcatchers are known to occupy coastal sage scrub in the
vicinity of the project area (CNLM 2011) and the City considers habitat on site to be occupied pursuant to
the HMP. The project area underwent vegetation removal during the Calavera Dam Remedial
Improvements Project, completed in 2006. Mitigation in the form of preservation, creation, and
restoration was implemented and no new mitigation is required for vegetation removal activities in these
areas. The City has completed mitigation for impacts to 0.04 acre of coastal sage scrub in conjunction
with a previous project (Lake Calavera Dam Remedial Improvements Project, 2006). No further
mitigation for potential loss of suitable coastal sage scrub habitat is required for maintenance activities.
16 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Additionally, potentially suitable habitat was identified on site for non-HMP covered species including
mud nama (Nama stenocarpum), Robinson's peppergrass (Lepidium virginicum robinsonii), Blainville's
homed lizard (Phrynosoma blainvillii), coast patch-nosed snake (Salvadora hexilepis virgultea), coastal
whiptail (Aspidoscelis tigris munda), Coronado Island skink (Plestiodon skiltonianus interparietalis), red-
diamond rattlesnake (Crotalus ruber), rosy boa (Charina trivirgata), San Diego ringneck snake
(Diadophis punctatus simi/is), two-striped garter snake (Thamnophis hammondii), Clark's marsh wren
(Cistothoris palustris clarkae), yellow warbler (Dendroica petechia), Dulzura pocket mouse
(Perognathus californicus femora/is), northwestern San Diego pocket mouse (Chaetodipus fallax), San
Diego desert woodrat (Neotoma lepida intermedia), and western red bat (Lasiurus blossevillii). Indirect
impacts to these species could occur due to construction disturbance and loss of suitable habitat. These
species do not require additional mitigation beyond that required for covered species (e.g., habitat
compensation and avoidance of breeding season/maternal season).
The Guidelines for Biological Studies (Carlsbad 2008) include a list of standard impact measures to be
applied to all projects within the HMP. Many of the listed measures are not applicable to the proposed
project design. Applicable design guidelines and pre-and post-construction avoidance and minimization
measures are listed below and are included as requirements in the maintenance contract.
• Project Design Guidelines. Source: MHCP Vol. I, Section 6.2.3, and Agency comments.
o Locate staging areas in disturbed habitat, to the degree feasible.
o Designate no-fueling zones within I 0 meters (33 feet) of drainages and fire-sensitive areas.
• Pre-construction Mitigation Measures. Sources MHCP Vol. I, Sec 6.2.3; and MHCP Vol. II,
Appendix B, Agency comments.
o A qualified biologist shall conduct a training session for all project personnel prior to proposed
activities. At a minimum, the training shall include a description of the target species of concern
and their habitats, the general provisions of the Endangered Species Act (Act) and the HMP, the
need to adhere to the provisions of the Act and the HMP, the penalties associated with violating
the provisions of the Act, and the general measures that are being implemented to conserve the
target species of concern as they relate to the project, access routes, and project site boundaries
within which the project activities must be conducted.
o The footprint of disturbance shall be minimized to the maximum extent feasible and shall be
specified in the construction plans. Construction limits will be delineated with orange fencing,
which will be maintained until the completion of all construction activities. All employees shall
be instructed that their activities, vehicles, equipment, and construction materials are restricted to
the proposed project footprint, designated staging areas, and routes of travel.
• Construction-Related Mitigation Measures. Sources: MHCP Vol. I, Sec 6.2.3; MHCP Vol. II,
Appendix B; HMP p. D-95; and Agency comments.
o Construction monitoring reports shall be completed and provided to the City summarizing how
the project complies with applicable conditions. The project biologist should be empowered to
halt work activity if necessary and to confer with City staff to ensure the proper implementation
of species and habitat protection measures.
o Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately
to the City, USFWS, and CDFG and shall be compensated at a minimum ratio of 5: I.
o Access to and from the site will be located along existing access routes or disturbed areas to the
greatest extent possible. All access routes outside of existing roads or construction areas will be
clearly marked.
17 Rev. 08/06112
EIA 11-03
Ca1avera Dam Routine Maintenance Project
o Construction employees will limit their activities, vehicles, equipment, and construction materials
to the fenced project footprint.
o Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with
minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet
from waters of the U.S. These designated areas shall be located in such a manner as to prevent
any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the
release of cement or other toxic substances into surface waters. All project-related spills of
hazardous materials shall be reported to the City and shall be cleaned up immediately and
contaminated soils removed to approved disposal areas.
o Erodible fill material shall not be deposited into watercourses. Brush, loose soils, or other similar
debris material shall not be stockpiled within the stream channel or on its banks. The removal of
native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary
impacts shall be returned to pre-existing contours and revegetated with appropriate native species.
All revegetation plans shall be prepared and implemented consistent with MHCP Volume II,
Appendix C (Revegetation Guidelines) and shall require written concurrence of the USFWS and
CDFG.
o Noise impacts are a concern around areas supporting breeding bird habitat. To avoid or minimize
noise impacts, limit construction activities during the breeding season (March through
September) to those that will not produce significant noise impacts (i.e., noise levels greater than
60 dB Leq [decibels, equivalent sound level] at the edge of the habitat of concern). Pre-
construction surveys at potential impact areas will be conducted from mid-May to mid-June.
o Lighting in or adjacent to the preserve will not be used, except where essential for roadway,
facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to
natural habitat will be shielded and/or directed away from habitat.
o Fugitive dust will be avoided and minimized through watering and other appropriate measures.
o If dead or injured listed species are located, initial notification must be made within three working
days, in writing, to the USFWS Division of Law Enforcement in Torrance, California and by
telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the USFWS, and
CDFG.
o Exotic species that prey upon or displace target species of concern should be permanently
removed from the site.
o To avoid attracting predators of the target species of concern, the project site shall be kept as
clean of debris as possible. All food-related trash items shall be enclosed in sealed containers and
regularly removed from the site(s). Pets of project personnel shall not be allowed on site where
they may come into contact with any listed species.
o The City of Carlsbad has the right to access and inspect any sites of approved projects including
any restoration/enhancement area for compliance with project approval conditions including these
BMPs. The USFWS and CDFG may accompany City representatives on these inspections.
o All mitigation sites shall be conserved through fee title acquisition or Conservation Easement, as
defined in California Civil Code Section 815.1, and proof of recordation shall be provided to the
jurisdictional city prior to land disturbance.
18 Rev. 08/06112
Special Requirements
EIA 11-03
Calavera Dam Routine Maintenance Project
The project is not located within a Standards Area or Coastal Zone; however, it is located within the
preserve boundary. Required BMPs will limit erosion and siltation and would ensure that no new surface
drainage is directed into the preserve.
The following mitigation measures would reduce impacts to special-status species (including breeding
birds) to a less than significant level:
• [BI0-1]. Implementation of construction or clearing of vegetation within the project impact footprint
shall occur outside of breeding season (March through September). The USFWS shall be notified at
least seven days before clearing and grubbing begins. During construction conducted outside of the
breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to
flush birds from the area. The biologist shall immediately report to the USFWS the number and
location of any federally listed birds disturbed by clearing and grubbing. No California gnatcatchers
shall be injured or killed. If construction must commence during breeding season, then the City shall
have a qualified biologist conduct a pre-construction survey for nesting birds, including raptors,
within three days prior to construction. Should nesting birds be detected within 100 feet of the project
impact footprint, the USFWS shall be notified immediately of any federally listed species that are
located during the pre-construction survey. A qualified biologist shall then establish suitable buffer
area (at least 300 feet) within which no construction activity may take place until the nest is no longer
active.
• [BI0-2]. During the breeding season, construction noise shall be monitored by a City-approved noise
consultant regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of
breeding habitat occupied by listed species. If noise levels exceed the threshold, the construction
array shall be changed or noise attenuation measures will be implemented, as recommended in the
draft Guidelines for Biological Studies (City of Carlsbad 2008).
The project will not affect any other federally or State-listed (non-covered) species, narrow endemic, or
no-take species for which additional mitigation would be required.
b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive
natural community identified in local or regional plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and Wildlife Service?
Potentially Significant Unless Mitigation Incorporated. Per the City's HMP, the following habitats are
considered sensitive: southern willow scrub, freshwater marsh, and Diegan coastal sage scrub. Figure 3
shows the locations of the vegetation communities within the project study area.
Southern willow scrub and freshwater marsh are considered sensitive under Federal and State regulations
and policies. Diegan coastal sage scrub is considered a sensitive habitat under California regulations and
polices, and, according to the HMP, is given the highest priority in the CNDDB. Section 1602 of the
California Fish and Game Code empowers the CDFG to issue agreements (Streambed Alteration
Agreement) for any alteration of a river, stream, or lake where fish or wildlife resources may be adversely
affected. Streams (and rivers) are defined by the presence of a channel bed and banks and at least an
intermittent flow of water. Potential CDFG jurisdiction consists of the area corresponding to the lake and
spillway capacity, the natural streambed and banks downstream of the spillway, and streambed and banks
associated with the outlet structure tributary. Within the project study area, LSA mapped 1.674 acres of
CDFG jurisdictional streambed and associated habitat as documented in the Assessment of California
19 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Department of Fish and Game Habitat Report (Attachment D) prepared by LSA in November 2011
(Figure 4). Of the 1.674 acres, 0.28 acre will require mitigation for impacts associated with project
pursuant to the HMP and Section 1602 of the California Fish and Game Code (Streambed Alteration
Agreement). Table B lists the anticipated impact of this project on vegetation communities on site and
HMP-required mitigation ratios. The exact acreage will be determined by the CDFG during the permitting
process prior to project implementation.
Table B: Proposed Mitigation for Impacts to Vegetation Communities
Anticipated HMP and Total New Impact Area Anticipated
Vegetation Regulatory Agency Mitigation Impact Area (requires mitigation) Mitigation
Community Requirement (acres) (acres) (acres)
Southern Willow No net loss Scrub (Riparian Replacement mitigation 1:1 to 2:1 0.11 0.10 0.10-0.20
Scrub)
Freshwater No net loss 0.25 0.18 0.18-0.36 Marsh Replacement mitigation 1:1 to 2:1
Diegan Coastal 2:1 (occupied) 0.04 0 02
Sage Scrub
Totals1 0.40 0.28 0.28-0.56
Total may not equal sum due to roundmg.
Previously mitigated for 2006 Remedial Improvements Project.
Mitigation will be required on site or off site through preservation, creation, or restoration of habitat in
accordance with the HMP required mitigation ratios listed in Table B. Portions of the project area (0.04
20 Rev. 08/06/12
L SA LEGEND
C) Study Area
Vegetation Communities
D Bare Ground (0.680 ac)
Diegan Coastal Sage Scrub (0.040 ac)
~~iiiiiiiii4~5 ~~~90 -Developed (0.699 ac)
FEET
SOURCE: Aerial· City of Carlsbad (20 I 0)
R:\HCRII02\GIS\Vegetation.mxd (7/19/2011)
Friant rocky fine sandy loam
(9 to 30 percent slopes)
Friant rocky fine sandy loam
(30 to 70 percent slopes)
~ Las Posas stony fine sandy loam
~ (30 to 65 percent slopes)
II W II Water
-Disturbed (1.289 ac)
D Freshwater Marsh (0.246 ac)
-Open Water(0.011 ac)
-Southern Willow Scrub (0.110 ac)
FIGURE3
Calavera Dam
Routine Maintenance Project
Vegetation and Soils
0 45 90
FEET
c:J StudyArea
Potential CDFG Jurisdiction
New Maintenance Area (Requires Mitigation)
Previously Maintained Area
(Does Not Require Additional Mitigation)
SOURCE: Aerial-City of Carlsbad (2010)
1:\HCRII 02\GIS\CEQA_ CDFG_Assessment.mxd (6/6/2012)
("\._ Photo Points (as depicted in
'\:) Attachment A. Site Photos)
FIGURE4
Calavera Dam
Routine Maintenance Project
CDFG Jurisdiction and Mitigation Requirements
EIA 11-03
Calavera Dam Routine Maintenance Project
acre of coastal sage scrub) were subject to vegetation removal during the Cal avera Dam Remedial
Improvements Project, completed in 2006. Mitigation in compliance with the HMP was implemented and
no new mitigation for 0.04 acre of coastal sage scrub is required for the 0.04 acre previously removed.
Table B includes impacts calculated for CDFG jurisdictional habitat mapped within the project study
area. The total impact area includes the 0.04 acre of coastal sage scrub that was previously removed and
mitigated for by the Lake Calavera Dam Remedial Improvements Project (see Figure 4).
Mitigation measures listed below will be implemented to reduce potential impacts to these habitats to a
less than significant level.
• [BI0-3]. The City will be responsible for obtaining a Streambed Alteration Agreement with the
CDFG for impacts to 0.36 acre of CDFG jurisdictional habitat.
o The City will be responsible for providing mitigation for permanent impacts to 0.18 acre of
freshwater marsh at a 1:1 (0.18 acre) or 2:1 ratio (0.36 acre) pursuant to requirements of the
HMP.
o The City will be responsible for providing mitigation for permanent impacts to 0.10 acre of
southern willow scrub at a 1:1 (0.10 acre) or 2:1 ratio (0.20 acre) pursuant to requirements of the
HMP.
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or other means?
No Impact. The project activities do not involve ground disturbance or grading. No activities regulated
under Section 404 of the Clean Water Act (e.g., dredge, filling, or hydrological interruption) are proposed
as part of this project.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
No Impact. Wildlife movement and habitat fragmentation are important issues in assessing impacts to
wildlife. Habitat fragmentation occurs when a proposed action results in a single, unified habitat area
being divided into two or more areas, such that the division isolates the two new areas from each other.
Habitat isolation occurs when wildlife cannot move freely from one portion of the habitat to another, or
from one habitat type to another (e.g., the fragmentation of habitats within and around clustered
residential development). Habitat fragmentation also can occur when a portion of one or more habitats is
converted into another habitat, as when scrub habitats are converted into annual grassland habitat by
frequent burning. Fragmentation reduces the amount of habitat available to local wildlife populations. In
general, a reduction in available habitat is followed by a reduction in wildlife populations because the
remaining areas are too small to support pre-fragmentation population levels. If the fragmentation is too
great, wildlife populations will not be able to subsist, and some or all of the species in a fragmented
habitat area will disappear. This can occur on a local or regional scale, depending upon the degree and
type of fragmentation occurring. Fragmentation is particularly critical for species that occupy already
limited habitats, such as coastal sage scrub. If various stands of coastal sage scrub are too fragmented to
provide sufficient continuous cover, or are too isolated from each other for an animal to move freely
among various stands, that particular portion of the overall habitat may be lost to use by certain species.
The habitat within the project study area is mostly contiguous and not subject to continuous disturbance
by project activities. The project study area is within Core Area 3 as defined by the HMP and wildlife
species likely use the site as a movement corridor. There is potential for temporary impacts to wildlife
23 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
movement during project activities (1 to 5 days annually); however, the short duration and de minimis
impacts to habitat are not expected to result in substantial impedances to wildlife movement. Upon
completion of construction, the site will provide the same wildlife movement function as the existing
situation. The project will not result in new impacts to wildlife movement.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
No Impact. The City does not have an adopted tree preservation policy or ordinance and the proposed
project would not affect any other biological resources protected by policies or ordinances beyond those
discussed under Items a-d. Therefore, the project will not conflict with tree preservation or other local
policies or ordinances and no impact is anticipated.
t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Less Than Significant Impact. The approved City HMP for Natural Communities in the City of
Carlsbad (2004) identifies the subject site as a "Proposed Hardline Conservation Area." Since the time of
HMP adoption, the site has been included as part of the Hardline Conservation Area (previously
referenced Figure 2). The Lake Cal avera site, owned by the City of Carlsbad, is currently used by the City
as a mitigation bank for approved public infrastructure biological impacts. This land use is consistent with
the open space uses identified in the General Plan and the Zoning Ordinance. The HMP designates a
natural preserve system and provides a regulatory framework for determining impacts and assigning
mitigation. No other local, regional or state habitat conservation plans specific to this site encumber the
property. In addition, the improvements proposed, which will provide for full functioning of the dam
operations, are consistent with open space and hardline habitat preserve uses. The project will cause no
change to the allowed open space uses on the site.
The proposed project is consistent with the City HMP. It also does not conflict with the zoning or General
Plan land uses allowed on the site. Therefore, potential impacts to conservation plans are considered less
than significant.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
v. CULTURAL RESOURCES-Would the project:
a) Cause a substantial adverse change in the D D D significance of a historical resource as defined
in § 15064.5?
b) Cause a substantial adverse change in the D D D significance of an archaeological resource
pursuant to §15064.5?
c) Directly or indirectly destroy a unique D D D paleontological resource or site or unique
geologic feature?
24 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
d) Disturb any human remains, including those D
interred outside of formal cemeteries?
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D ~
a) Cause a substantial adverse change in the significance of a historical resource as defined in
§15064.5?
No Impact. A Cultural Resources Constraints Analysis for the Calavera Dam Long-Term Annual
Maintenance Project has been conducted by LSA (memorandum dated July 1, 2011). This analysis
concludes that nine sites are recorded within a half-mile radius of the project site. Of these, six are
prehistoric sites and three are historic. Lake Calavera Dam was first recorded as a historic resource in
2005 by ASM and Affiliates (ASM). The ASM report and LSA's analysis conclude that the dam does not
meet the criteria for listing in the National Register of Historic Places (National Register) nor does it
appear to meet the criteria to be considered a historical resource for the purposes of CEQA. It is thus not
eligible to either the National Register or the California Register of Historical Resources (California
Register). The project site does not contain any aspect that would be considered historical or meet the
criteria for listing in the National Register nor does it meet the criteria to be considered a historical
resource for the purposes of CEQA. Furthermore, no ground disturbance or modification to existing
structures is anticipated to occur as part of project maintenance activities. Therefore, no impact is
anticipated.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant
to §15064.5?
No Impact. As stated above, the project site does not contain any feature that would be considered
historical or meet the criteria for listing in the National Register nor does it meet the criteria to be
considered a historical resource for the purposes of CEQA. Furthermore, no ground disturbance or
modification to existing structures is anticipated to occur as part of project maintenance activities.
A records search of archaeological resources in the area was conducted in June 2011 and recorded in a
memorandum by LSA, dated July 1, 2011 (Attachment E). Although the general area represents a
favorable location for prehistoric human habitation, no recorded cultural resource sites or historic
landmarks have been logged within the immediate area. A review of existing cultural resources in the area
of the subject project indicates that no impact to cultural resources will result from implementation of the
subject project. The proposed vegetation removal activities will not significantly affect the soil in the
project area and grading is not proposed. Furthermore, since the project involves vegetation removal at
existing facilities, and the original development of the dam has removed or buried much of the original
soil profile, and thus significantly reduced the opportunity for discovery of prehistoric artifacts; therefore,
no impact will occur.
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
No Impact. The subject site is located in an area geologically characterized by largely decomposed
granite, granitic rock, and Santiago formation sedimentary rock. The minor movement of topsoil
associated with vegetation removal is not considered substantial and although the soil types at the project
site have been known to contain fossil finds, the project does not include excavation or grading activities
25 Rev. 08/06112
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Calavera Dam Routine Maintenance Project
and no impact to native soils is anticipated. Paleontological resources are typically found in native soils.
Therefore, impacts to paleontological resources will not occur.
d) Disturb any human remains, including those interred outside of formal cemeteries?
No Impact. No record exists that would indicate the likelihood that human remains are interred or would
be expected to be encountered during construction of the proposed project. The site has previously been
disturbed by dam construction activities. No human burials or remains are known to exist in the location
of the subject project and no ground-disturbing activities are proposed; therefore, no impacts related to
disturbance of human remains will occur.
VI. GEOLOGY AND SOILS-Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
site or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d) Be located on expansive soils, as defined in
Section 1802.3.2 of the California Building
Code (2007), creating substantial risks to life or
property?
26
Potentially
Significant
Impact
D
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
Rev. 08/06112
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
ai) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
No Impact. The project area is situated in the western portion of the Peninsular Ranges geomorphic
province of Southern California. This geomorphic province encompasses an area that extends 125 miles
from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and beyond another
775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego
County, where the site is located, generally consists of Upper Cretaceous, Tertiary, and Quaternary age
sedimentary rocks.
The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north
San Diego County area indicates that the project is considered to be in a seismically active area, as is most
of Southern California. This map, however, indicates that the subject site is not underlain by known active
faults, nor is there evidence of ground displacement in the area during the last 11,000 years.
The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault
zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the
subject site. The Elsinore fault zone is located approximately 22 miles east of the site, and the Coronado
Bank fault is located approximately 25 miles west of the site. The potential for rupture resulting from
earthquake is considered to be low. The Rose Canyon fault zone, located approximately six miles
westerly of the subject site, is made of predominantly right-lateral strike-slip faults that extend south-
southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues
north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San
Diego area are considered active by the State Geologist. Additionally, the Julian and Temecula segments
of the Elsinore fault zone, about 23 miles to the northeast of the subject site are also referenced in the
Division of Mines and Geology Special Publication 42. The project site is not within a fault-rupture
hazard zone as determined in the 2006 Remedial Improvements Project CEQA Initial Study (City of
Carlsbad, 2006), and as indexed in the Division of Mines and Geology Special Publication 42; therefore,
the project would not expose people or structures to potential substantial adverse effects.
aii) Strong seismic ground shaking?
Less Than Significant Impact. As stated above, the project area is situated in a seismically active area,
as is most of Southern California. The subject site is not underlain by known active faults, nor is there
evidence of ground displacement in the area during the last 11,000 years.
The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault
zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north ofthe
subject site. The Elsinore fault zone is located approximately 22 miles east of the site, and the Coronado
27 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Bank fault is located approximately 25 miles west of the site. The potential for rupture resulting from
earthquake is considered to be low. The Rose Canyon fault zone, located approximately six miles
westerly of the subject site, is made of predominantly right-lateral strike-slip faults that extend south-
southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues
north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San
Diego area are considered active by the State Geologist. Additionally, the Julian and Temecula segments
of the Elsinore fault zone, about 23 miles to the northeast of the subject site are also referenced in the
Division of Mines and Geology Special Publication 42. The project site is not within a fault-rupture
hazard zone as determined in the 2006 Remedial Improvements Project CEQA Initial Study (City of
Carlsbad, 2006), and as indexed in the Division of Mines and Geology Special Publication 42; therefore,
the project would not expose people or structures to potential substantial adverse effects.
The most significant seismic event likely to affect the proposed facilities would be a maximum moment
magnitude 6.9 earthquake along the Rose Canyon fault zone, in which the horizontal peak ground
acceleration has a 10 percent probability of exceedance in 50 years of 0.27g (27% of the acceleration of
gravity) and a 5 percent probability of exceedance in 50 years of 0.4g. The existing dam operations have
not failed or been otherwise affected due to seismic ground shaking during its over 60 years of existence.
The project site will likely be subject to ground shaking in response to either a local moderate or more
distant large-magnitude earthquake. Seismic risk at the site is comparable to the risk for the San Diego
area in general. The closest source to the site for ground motion, and the source that would produce the
greatest ground acceleration at the site, is the Del Mar segment of the Rose Canyon/Newport-Inglewood
fault zone, about 6 miles west, and potentially the Julian and Temecula segments of the Elsinore fault
zone, about 22 miles to the northeast of the project site. Proposed maintenance activities will not change
or interfere with existing earthquake design standards. Furthermore, according to the 2006 Remedial
Improvements Project CEQA IS/MND prepared for the project site, historical records have indicated that
the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than
significant impact.
aiii) Seismic-related ground failure, including liquefaction?
No Impact. Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to
earthquakes. Research indicates that loose granular soils and silts that are saturated by a relatively shallow
groundwater table are most susceptible to liquefaction. Preliminary geotechnical evaluation conducted in
support of the 2006 Remedial Improvements Project CEQA IS/MND (City of Carlsbad, 2006) of the
subject site indicates that the site is underlain by relatively dense formational sandstone and granitic rock,
and thus is not considered susceptible to ground failure or liquefaction. Liquefaction is not historically
known to have occurred in San Diego County and recorded seismic shaking levels within the County
have not been sufficient to trigger liquefaction according to the Guidelines for Determining Significance
of Geologic Hazards (County of San Diego 2007). There may be a potential for liquefaction in areas
within the County with loose sandy soils combined with a shallow groundwater table, which typically are
located in alluvial river valleys/basins and floodplains. Steep slopes or alluvial deposit soils in low-lying
areas are susceptible to liquefaction during earthquakes or heavy rains. San Diego County terrain has both
of these characteristics and lies within several active earthquake zones according to the Multi-
Jurisdictional Hazard Mitigation Plan (MJHMP) published by the County of San Diego in March 2004.
The MJHMP mapped the extent of risk areas within the County with a potential for liquefaction hazard.
The project is located within an area mapped as "low liquefaction risk" in the MJHMP. This classification
in characterized by areas with low shake potential. Relatively dense formational sandstone and granitic
rock underlies the site. There is very low, if any, potential for liquefaction or seismically induced
settlement in the vicinity of the proposed maintenance activities as discussed in the 2009 Remedial
Improvements Project CEQA IS/MND. Furthermore, the existing dam facilities have not failed or
experienced damage due to seismic-related ground failure, including liquefaction during its 60 years of
28 Rev. 08/06/12
EIA 11-03
Ca1avera Dam Routine Maintenance Project
existence and maintenance activities would not change the characteristics of the dam through grading or
earthmoving. Therefore, no impacts are anticipated with regard to seismic-related ground failure.
aiv) Landslides?
No Impact. Landslides occur when masses of rock, earth, or debris move down a slope, including rock
falls, deep failure of slopes, and shallow debris flows. Landslides can be caused by human activities such
as grading as well as natural events such as earthquakes and heavy rainfall. Landslide hazard areas in the
County are generally concentrated along canyons near the coastal areas with steep slopes. The project is
not located on any known unstable geologic units mapped in the MJHMP. Furthermore, there would be
no grading activities associated with proposed maintenance activities that would affect the geologic
stability of the areas. No landslides have been identified as having the potential to damage or affect the
proposed project facilities. None has affected the subject site during the over 60 years of the dam
facility's existence. The project will not increase the likelihood of landslides. Therefore, no impacts are
anticipated with regard to landslides.
b) Result in substantial soil erosion or the loss of topsoil?
Less Than Significant Impact. During the proposed vegetation removal activities, minor movement of
surface soils is anticipated. During the temporary maintenance period, soils would be exposed, which may
lead to increased chances of soil erosion. Project maintenance activities will follow BMPs for the control
of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in
exposed areas. The project will have no effect on reservoir erosion or upstream erosion potential. Because
the city will implement BMPs, including erosion control protection over the limited areas in which bare
soil will be temporarily exposed, impacts are considered to be less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result
of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
No Impact. As stated above, the project site is located in a seismically active area and may be subject to
significant seismic events. The project is located in an area characterized as having a low liquefaction risk
according to the MJHMP (County of San Diego 2004). There is very low, if any, potential for
liquefaction or seismically induced settlement in the vicinity of the proposed maintenance activities as
discussed in the 2006 Remedial Improvements Project CEQA IS/MND. The project is not located on any
known unstable geologic units mapped in the MJHMP and there would not be any grading activities
associated with proposed maintenance activities that would affect the geologic stability of the areas. No
landslides have been identified as having the potential to damage or affect the proposed project facilities.
Furthermore, the existing dam facilities have not failed or experienced damage due to seismic-related
ground failure, including liquefaction, landslides, or collapse during its 60 years of existence and
maintenance activities would not change the characteristics of the dam through grading or earthmoving.
Therefore, no impacts are anticipated with regard to landslide, lateral spreading, subsidence, liquefaction,
or collapse.
d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code
(2007), creating substantial risks to life or property?
No Impact. The site of the proposed maintenance project is composed of largely decomposed granite,
granitic rock and Santiago formation sediments (City of Carlsbad, 2009). Santiago formation geology is
best described as light-colored, poorly-bedded, poorly indurated, fine to medium grained sandstone
sedimentary rock. Rock outcrop covers 2 to 10 percent of the surface in the vicinity. Some alluvium was
encountered to the west of the dam structure at a depth of approximately 12 feet, but this is not considered
29 Rev. 08/06112
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Calavera Dam Routine Maintenance Project
to render the site significantly expansive pursuant to Table 18-1-B of the Uniform Building Code. It is
concluded that expansive soils are not a geological hazard for the subject project. Therefore, no
substantial risks to life or property associated with expansive soils exist.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
No Impact. The proposed project is a public infrastructure maintenance project. The subject project does
not propose and will not necessitate the use of sewer, septic tank, or alternative wastewater disposal
systems. No restrooms or other wastewater facilities are proposed; therefore, no impacts will occur.
VII. GREENHOUSE GAS EMISSIONS-Would the
project:
a) Generate greenhouse gas emJsstons, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy, or
regulation adopted for the purposes of reducing
the emissions of greenhouse gases?
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant
impact on the environment?
Less Than Significant Impact. The potential for the project to contribute to greenhouse gases (GHGs)
and global climate change is anticipated to be minimal because emissions are temporary and associated
only with the construction phase of the project. Attachment B includes a summary of GHG emissions
data. Project-related GHG emissions do not affect global warming as an individual project. Instead, the
project's potential incremental contribution combined with the cumulative increase of all other sources of
GHGs, which when taken together, form global climate change impacts. The following discussion
reviews project-related GHGs and the project's potential generation of these gases.
California Assembly Bill (AB) 32 requires statewide GHG emissions reductions to 1990 levels by 2020.
Global climate change (GCC) GHG emissions are an emerging environmental concern being raised on
statewide, national, and global levels. Regional, State, and Federal agencies are developing strategies to
control emissions that contribute to GCC. The California Resources Agency adopted CEQA Guidelines
that address GHG emissions on December 30, 2009. While these new guidelines do not include GHG
significance thresholds, they do say that environmental documents must analyze the incremental
contribution of a project to GHG levels and determine whether those emissions are cumulatively
considerable.
In order to determine whether or not a proposed project would cause a significant effect on the
environment, the impact of the project must be determined by examining the types and levels of GHG
emissions generated. GHG emissions related to maintenance activities would be mainly from carbon
30 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
dioxide (C02), nitrous oxide (N20), and methane (CH4) contained in exhaust from off-road diesel
construction equipment/vehicles (e.g., idling and operation of chipper and grader), from on-road trucks
used to haul vegetative materials off the site, and on-site workers. It is anticipated that temporary and
minor GHG emissions may occur during the maintenance activities (see Table A in Section Ill for daily
emissions estimates). These activities would be short-term and would not contribute to regional GHG
emissions or climate change impacts. The short-term GHG emissions-C02 equivalent (over the
approximately 5-workday project period}-were estimated at 2.9 metric tons using the CaiEEMod model
(Attachment B). The maintenance activities will occur in perpetuity 3--6 times annually for 1-5 days per
event, which would not contribute substantially to the existing GHG emissions. No operations
components are proposed as part of this project.
The GHG emissions from the proposed project are well below significance thresholds thus far suggested
(e.g., 10,000 metric tons/year for construction included in the SCAQMD suggested guidelines, December
2008; 7,000 metric tons/year by the CARB, October 2008). For these reasons, the project's contribution
to global climate change is not cumulatively considerable and therefore the project's contribution to
cumulative impacts would be less than significant.
The procedures and protocols listed in Section III., b) Air Quality, are incorporated into the proposed
project and would further minimize potential GHG impacts:
The allowable emissions from on-road and off-road vehicle and equipment exhaust are regulated by the
State and Federal government agencies and are outside the control of this project. The proposed project
would not result in any long-term on-site stationary sources and would have little or no change in the off-
site vehicle trips. Therefore, the proposed project would not generate any additional long-term GHG
emissions. The proposed project would result in short-term emissions associated with the use of trucks
and some construction equipment. There would be no ongoing increase in contribution to global warming
because there are no new on-site stationary sources, and there is essentially no increase in the number of
vehicular trips coming to and from the project site. Therefore, the proposed project's contribution to
global climate change in the form of GHG emissions is limited to construction equipment/vehicle
emissions. The project would not result in a new, ongoing source of GHG emissions; therefore, the
project's contribution to cumulative GHG emissions and global climate change is less than significant.
The City's standard operating procedures and protocols are incorporated into the proposed project and
minimize potential air quality impacts; therefore, impacts are considered less than significant.
b) Conflict with an applicable plan, policy, or regulation adopted for the purposes of reducing the
emissions of greenhouse gases?
Less Than Significant Impact. GHG emissions are not currently regulated by the APCD. The GHG
emissions from the maintenance project are well below significance thresholds adopted by other agencies,
as described above. As stated previously, AB 32 requires statewide GHG emissions reductions to 1990
levels by 2020. Though these statewide reductions are now mandated by law, permanent GHG emission
thresholds have not been established. On December 2, 2007, the CARB approved a Regulation for the
Mandatory Reporting of GHG Emissions, which came into effect in January 2009. This reporting rule
was one of the CARB' s responsibilities under AB 32. The rule specifies that cement plants, oil refineries,
hydrogen plants, electric generating facilities, cogeneration facilities, electric retail providers, and other
facilities emitting more than 25,000 metric tons per year of GHGs must submit annual reports to the
CARB.
On September 22, 2009, the Administrator of the EPA signed the Final Rule (Rule) for the Mandatory
Reporting of Greenhouse Gas. The Rule was published in the Federal Register on October 30, 2009, and
went into effect on December 29, 2009. The Rule requires that suppliers of fossil fuels or industrial
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Calavera Dam Routine Maintenance Project
greenhouse gases, manufacturers of vehicles and engines, and facilities that emit more than 25,000 metric
tons or more per year of GHG emissions submit annual reports to the EPA.
Since no permanent GHG emissions limitations are in effect and the project does not exceed any reporting
or significance thresholds, it would not conflict with an applicable plan, policy, or regulation adopted for
the purpose of reducing emissions of greenhouse gases. Further, as indicated above, the proposed
project's contribution to global climate change in the form of GHG emissions is considered less than
cumulatively significant.
VIII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
32
Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
Rev. 08/06/12
EIA 11-03
Ca1avera Dam Routine Maintenance Project
Potentially
Significant
Impact
g) Impair implementation of or physically interfere D
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury, or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D ~
D
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
Less Than Significant Impact. Herbicides (approved for use in riparian and wetland habitats) may be
used during initial vegetation removal activities and ongoing maintenance activities. During the initial
vegetation removal, minor amounts of petroleum products and oils may be utilized near the site. If used,
all transport, handling, use, and disposal of potentially hazardous materials (e.g., herbicide, oils, and
gasoline) will comply with all Federal, State, and local laws regulating the management and use of
hazardous materials. Therefore, the impact to the public or the environment through the routine transport,
use, or disposal of hazardous materials is less than significant.
b) Create a significant hazard to the public or environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
Less Than Significant Impact. No significant hazard involving the release of hazardous material into the
environment would be anticipated since only minor amounts of hazardous materials (e.g., herbicide
application, petroleum products, and oils) will be utilized, and only during the initial vegetation removal
effort. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated
with the implementation of the project.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
Less than Significant Impact. The subject project is approximately 450 linear feet (0.09 mile) from the
nearest elementary school, Cal avera Hills Elementary School, located on Tamarack A venue, northwest of
the dam site. Therefore, the site is within one-quarter mile of a proposed school. The project is not
anticipated to emit any hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or wastes once operational. During the initial vegetation removal, a minor amount of
hazardous materials, including petroleum products and oils may be utilized near the site. These substances
will not be stored on the site. No permanent storage or transport of hazardous materials will occur on the
subject project. No permanent storage or use of hazardous material will occur on the subject dam project.
Limited hazardous materials utilized during the maintenance activities, anticipated to occur 3-6 times
annually (1 to 5 days per event), will not constitute a significant impact on health or operations of the
adjacent school.
33 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the
public or environment?
No Impact. A review of Federal and State standard and supplemental databases, including lists of
hazardous materials sites compiled pursuant to Government Code Section 65962.5 for environmental
concerns, was compiled by Environmental FirstSearch, June 20, 2011. The subject site is not included on
a list of hazardous materials sites (Federal database) compiled pursuant to Government Code Section
56962.5. Several databases were searched for inclusion of the subject area and/or any surrounding areas
pursuant to the requirements of ASTM 1527-05 and Government Code Section 65962.5. The database
search was conducted for the project site and up to a 1-mile radius of the site. The results of the database
searches are included in the Environmental FirstSearch Report dated June 20, 2011 (Attachment F).
The Environmental FirstSearch report (Attachment F) provides detailed records and lists the radius used
in each database searched. One site was listed for the project area, but was not assigned a geographic
location (i.e., non-geocoded). The listed information indicates the site is for Bureau of Indian Affairs
(BIA) Contact Information and is not relevant to this project area because no BIA lands occur in the
project vicinity.
In addition, the site is not on the EPA database of current and potential Superfund sites currently or
previously under investigation. Also, to the best of the EPA's knowledge, it has been determined that no
steps will be taken to list this site on the National Priorities List (NPL). It is not on any list of registered
hazardous waste generators, or on a database of sites that treat, store, dispose of, or incinerate hazardous
waste. The subject property is not included on any list of hazardous materials, and has no known previous
use history that would involve the use or storage of hazardous materials; therefore, no impact to the public
or environment will occur.
e) For a project within an airport land use plan, or where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
No Impact. The subject dam remedial improvements are located approximately 15,000 linear feet (2.85
miles) due north of McClellan-Palomar Airport. The City of Carlsbad has an adopted McClellan-Palomar
Airport Land Use Compatibility Plan, amended December 1, 2011. Since the proposed project is located
in excess of two miles from the closest airport, the site does not meet the minimum qualifications as
having the potential for safety hazard for people residing or working in the project area. Therefore, no
impacts relating to airport hazards will occur.
f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard
for people residing or working in the project area?
No Impact. The project is not within the vicinity of a private airstrip and no people reside on the
project site. Maintenance activities on the site will be temporary. Maintenance workers will typically
be occupying the site only of a short duration, 1-5 days per event, approximately 3-6 events per
year. Therefore, no impact will occur related to private airstrips.
g) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
No Impact. Vegetation removal maintenance activities will not significantly affect, block, or interfere
with traffic on public streets, including any streets that would be used for an emergency response plan
or emergency evacuation plan. Routine maintenance activities (vegetation removal) will be accomplished
by means of an existing private drive access to the site. The private drive is approximately 250 feet long
34 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
and is designed to avoid impacts to the public street system. Project activities are not proposed in any area
that would physically interfere with an adopted emergency response plan or emergency evacuation plan;
therefore, no impacts related to emergency plans will occur.
h) Expose people or structures to a significant risk of loss, injury, or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands?
Less than Significant Impact. The closest houses to the subject activity area are approximately 450 feet
to the west. The proposed project does not include residential uses and thus will not expose new
residences to wildland fire risk. The vegetation removal activities do not involve installation or use of
electrical components and will not result in any significant additional exposure of neighboring residences
to wildfire risk. Maintenance crews will be using equipment that has the potential to ignite nearby
vegetation if not properly used and maintained. All crews will be properly trained and equipped to avoid
accidental ignition and to promptly address any brush fires. Equipment used for maintenance activities
shall be maintained and used per manufacturer's specifications; therefore, impacts related to wildland
fires will be less than significant.
IX. HYDROLOGY AND WATER QUALITY -
Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with ground water
recharge such that there would be a net deficit in
aquifer volume or a lowering of the local ground
water table level (i.e., the production rate of pre-
existing nearby wells would drop to a level
which would not support existing land uses or
planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner, which would result in substantial
erosion or siltation on site or off site?
35
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
Rev. 08/06/12
d) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the flow rate or amount
(volume) of surface runoff in a manner, which
would result in flooding on site or off site?
e) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 1 00-year flood hazard
area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood delineation map?
h) Place within 1 00-year flood hazard area
structures, which would impede or redirect flood
flows?
i) Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j) Expose people or structures to inundation by
seiche, tsunami, or mudflow?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
D
a) Violate any water quality standards or waste discharge requirements?
Less Than Significant Impact. The proposed project consists of ongoing maintenance, consisting of the
removal of vegetation for a period of up to 5 days per maintenance activity, which may occur 3-6 times
per year. Maintenance activities are required by law to comply with all Federal, State and local water
quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific
basin plan objectives identified in the Water Quality Control Plan for the San Diego Basin (California
Regional Water Quality Control Board San Diego Region, 1994, as amended). All work will be
conducted in accordance with the City's National Pollutant Discharge Elimination System (NPDES)
permit requirements, including BMPs, which will limit erosion and siltation on site and off site.
Compliance with applicable regulations will ensure that the project will have less than significant impacts
related to water quality.
b) Substantially deplete groundwater supplies or interfere substantially with ground water
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
36 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a
level which would not support existing land uses or planned uses for which permits have been
granted)?
Less Than Significant Impact. The proposed project is located within and around existing Lake
Calavera, which is a surface-water reservoir. No significant modification of any creek tributary, reservoir
water or downstream volume or surface elevation is proposed during the maintenance activities. The
proposed project would not result in depletion of groundwater in the immediate vicinity of Lake Calavera
because no significant modification of reservoir water volume or surface elevation is proposed. Therefore,
the proposed project will not substantially deplete groundwater supplies or interfere substantially with
groundwater recharge, and impacts will be less than significant.
c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner, which would result in substantial
erosion or siltation on site or off site?
No Impact. According to the Mitigated Negative Declaration (MND) prepared for the Lake Calavera
Reservoir Remedial Improvements (CUP 04-11) and adopted by the City in 2006, the tributary drainage
area to Lake Calavera is approximately 3.6 square miles. The average yearly rainfall within this drainage
area is 13 inches. Drainage runoff enters Lake Calavera via a number of small branch tributaries to Upper
Calavera Creek. This drainage extends several miles eastward into southwest Vista, near State Route 78.
About 85 percent of the upstream watershed is outside the Carlsbad city limits. Nearly all of the surface
runoff within the drainage area that reaches Lake Cal avera occurs between December and late March. The
natural drainage pattern of this sub-watershed has been influenced through installation of the dam in
1942, which created the reservoir.
The project will include maintenance (vegetation removal) at the Calavera Dam. Such maintenance will
not alter the existing constructed drainage of the site except to ensure that the dam facilities remain
operational by facilitating inspection of critical structures. Vegetation removal will be accomplished with
hand-held equipment and a Gradeall excavator (or equivalent), which will be used to remove vegetation
only. No grading or ground disturbance is proposed. The proposed project will not substantially alter the
existing pattern of runoff from and through the reservoir. As a result, no significant impact to drainage
flow will result from implementation of the project.
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the flow rate or amount
(volume) of surface runoff in a manner, which would result in flooding on site or off site?
No Impact. As stated above, according to the MND prepared for the Lake Calavera Reservoir Remedial
Improvements (CUP 04-11) and adopted by the City in 2006, the tributary drainage area to Lake Calavera
is approximately 3.6 square miles. The average yearly rainfall within this drainage area is 13 inches.
Drainage runoff enters Lake Ca1avera via a number of small branch tributaries to Upper Calavera Creek.
This drainage extends several miles eastward into southwest Vista, near State Route 78. About 85 percent
of the upstream watershed is outside the Carlsbad city limits. Nearly all of the surface runoff within the
drainage area that reaches Lake Calavera occurs between December and late March. The natural drainage
pattern of this sub-watershed has been influenced through installation of the dam in 1942, which created
the reservoir.
The project maintenance will not alter the existing constructed drainage of the site except to ensure that
the dam facilities remain operational by facilitating inspection of critical structures. Vegetation removal
will be accomplished with hand-held equipment and a Gradeall excavator (or equivalent), which will be
used to remove vegetation only. No grading or ground disturbance is proposed. The proposed project will
37 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
not substantially alter the existing pattern of runoff from and through the reservoir. As a result, no
significant impact to drainage flow will result from implementation of the project.
No modification to the drainage pattern of the site is proposed. The proposed maintenance of dam
facilities will not significantly alter the existing drainage pattern of the site; therefore, no impact related to
on-site or off-site flooding will occur.
e) Create or contribute runoff water, which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
No Impact. Maintenance activities (vegetation clearing) along the dam will not result in a substantial
, source of runoff. The project area will not be paved or improved and will remain pervious. Runoff from
the site is directed to Calavera Creek, resulting in no net effect. All equipment will be maintained in
proper working order and activities will be conducted in compliance with NPDES regulations,
implementing BMPs to prevent pollution from equipment leaks or spills. No additional pollution of
surface waters will result from the vegetation removal project; therefore, no impact will occur.
f) Otherwise substantially degrade water quality?
No Impact. Maintenance activities (vegetation clearing) along the dam are not anticipated to result in a
substantial source of runoff. The project area will not be paved or improved and will remain pervious.
Runoff from the site is directed to Calavera Creek, resulting in no net effect. All equipment will be
maintained in proper working order and activities will be conducted in compliance with NPDES
regulations, implementing BMPs to prevent pollution from equipment leaks or spills. No additional
pollution of surface waters is anticipated to result from the project. The proposed project will not
otherwise substantially degrade water quality. Therefore, no impact will occur.
g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood delineation map?
No Impact. No housing is proposed as part of the project and no changes to the 1 00-year flood hazard
area will result from implementation ofthe project; therefore, no impact will occur.
h) Place within 100-year flood hazard area structures, which would impede or redirect flood
flows?
No Impact. No permanent structures will be placed within the 1 00-year flood hazard area as part of the
project; therefore, no impact will occur.
i) Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
No Impact. No persons or structures will be exposed to flooding impacts due to the proposed project
because it is intended to maintain the system of flood control and water containment operations. The
proposed maintenance activities are required to facilitate inspections and ensure that all structures are in
working order; therefore, no impact will occur.
j) Expose people or structures to inundation by seiche, tsunami, or mudflow?
Less Than Significant Impact. The proposed project is not located within a tsunami impact area and is
not anticipated to be affected by mudflow. The proposed project is located adjacent to and within a
reservoir, which could be subject to seiche; however, the proposed maintenance activities would not
increase the likelihood of seiche; therefore, impacts are considered less than significant.
38 Rev. 08/06/12
X. LAND USE AND PLANNING -Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any
conservation plan or
conservation plan?
applicable habitat
natural community
a) Physically divide an established community?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
D D
No Impact. The project would not physically separate any contiguous residential areas since the project
will occur within a preserve area zoned open space in and around the site; therefore, no impact will occur
to any established community.
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction
over the project (including but not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
No Impact. The City of Carlsbad General Plan Land Use Map (updated March 2010) designates the
subject site as Open Space (OS). The existing zoning (updated March 2010) is also Open Space (OS). No
specific plan covers the property. The site is not located with the Coastal Zone. The project does not
propose to change any land use on the site. The project will be in compliance with, and have no impact
relative to the applicable land use plans.
c) Conflict with any applicable habitat conservation plan or natural community conservation
plan?
Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad HMP for Natural
Communities in the City of Carlsbad (November 2004) identifies the subject site as a "Proposed Hardline
Conservation Area" (previously referenced Figure 2). Updated GIS data (2011) depicts the entire project
site within "Existing Hardline Conservation Area." This conservation area use is consistent with the open
space uses identified in the General Plan and the Zoning Ordinance. Impacts to native vegetation
protected by the HMP will be mitigated as required pursuant to the HMP (as discussed in Section IV.,
Biological Resources). Therefore, with implementation of the biological resources mitigation measures,
the project will be in compliance with the City's HMP and impacts related to habitat conservation plans
would be less than significant.
39 Rev. 08/06/12
XI. MINERAL RESOURCES-Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of future value to
the region and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
a) Result in the loss of availability of a known mineral resource that would be of future value to
the region and the residents of the State?
No Impact. The proposed project involves maintenance (vegetation removal) of existing dam facilities.
No excavation or inundation will result from implementation of the project. No known or expected
mineral deposits of future value to the region and the residents of the State are located in the immediate
vicinity of the subject project, which is not designated in the City of Carlsbad General Plan or the Zoning
Ordinance as a locally important mineral resource recovery site. Additionally, the project would affect an
area that has already been subject to disturbance as a result of construction and maintenance of the
existing dam; therefore, no impact will occur.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use plan?
No Impact. The proposed project involves maintenance (vegetation removal) of existing dam facilities.
No excavation or inundation will result from implementation of the project. No known or expected
mineral deposits of future value to the region and the residents of the State are located in the immediate
vicinity of the subject project. Additionally, the project would affect an area that has already been subject
to disturbance as a result of construction and maintenance of the existing dam. The subject site is not
designated in the City of Carlsbad General Plan or the Zoning Ordinance as a locally important mineral
resource recovery site. The property is not regulated by any specific plan or other regulatory land use
plan. The project would have no impact on locally important mineral resources.
XII. NOISE-Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance or
applicable standards of other agencies?
40
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
Rev. 08/06/12
b) Exposure of persons to or generation of
excessive groundborne vibration or groundborne
noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
a) Exposure of persons to or generation of noise levels in excess of standards established in the
local general plan or noise ordinance or applicable standards of other agencies?
Less Than Significant Impact. Existing urban development in the area is located to the west and north
of the site. To the west are single-family residential neighborhoods of Sheffield, Nantucket, and
Capistrano. An older, existing single-family neighborhood, located within the city limits of Oceanside,
exists north of the site. The nearest residence is approximately 450 feet west of the site. Both the City of
Carlsbad and the City of Oceanside have adopted noise regulations for their respective communities. The
Noise Element of the Carlsbad General Plan states that the City's policy is that 60 dB(A) Community
Noise Equivalent Level (CNEL) is the maximum exterior noise level to which residential units should be
subjected, with the exception that 65 dB(A) is the maximum for residential units subject to noise from
McClellan-Palomar Airport. The City of Oceanside allows somewhat greater flexibility for public uses,
not to exceed 65 dB(A) exterior noise level at residential property lines. The City of Carlsbad Municipal
Code (Chapter 8.48) prohibits construction activity (defined in the Code as "the erection, demolition,
alteration, or repair of any building or structure or the grading or excavation of land in such manner as to
create disturbing, excessive or offensive noise") that would create disturbing, excessive, or offensive
noise after sunset of any day, and before 7 a.m. Monday through Friday, and before 8 a.m. on Saturday,
and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level
standard for construction activities, but simply limits the hours of construction. Maintenance activities
would include the use of hand tools, herbicide applicators, and a Gradall excavator (or equivalent), for a
duration of up to five days per occurrence, which may occur approximately 3-6 times per year. All
activities will be conducted during allowable construction hours, in compliance with the City's Noise
41 Rev. 08/06/12
EIA 11-03
Calavera Dam Routine Maintenance Project
Ordinance, and are not anticipated to generate substantial noise at nearby residences due to their distance
from the project site. All activities are expected to comply with the City of Carlsbad and City of
Oceanside Noise Ordinances. Therefore, construction-related noise impacts will be less than significant.
The project does not involve any changes to the permanent operations of the existing facility and no long-
term operational noise impacts will occur.
b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise
levels?
No Impact. The proposed project does not entail the use of any equipment that would generate
groundborne vibrations. Therefore, no impacts due to excessive groundborne vibrations are expected.
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project?
Less Than Significant Impact. The proposed project consists of maintenance activities to be conducted
up to five days per maintenance activity, approximately 3-6 times per year. Impacts would be intermittent
and temporary, and no permanent increase in ambient noise levels would occur. Therefore, impacts would
be less than significant.
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity
above levels existing without the project?
Less Than Significant Impact. During maintenance activities, a temporary increase in ambient noise
levels in the project vicinity is anticipated. Noise characteristics associated with the project would be
similar to typical urban landscaping activities. Maintenance activities will be scheduled to conform to the
noise level limitations specified in the Carlsbad and Oceanside Municipal Codes; therefore, the temporary
increase is not considered substantial or significant.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within 2 miles of a public airport or public use airport, would the project expose
people residing or working in the project area to excessive noise levels?
No Impact. The project is 2.85 miles north of the San Diego County McClellan-Palomar Airport, which
is the nearest airport. The project is not located within the McClellan-Palomar Airport Influence Area
(Airport Land Use Commission, 2011). The project would not conflict with the adopted Airport Land Use
Management Plan. Therefore, no impact would occur.
t) For a project within the vicinity of a private airstrip, would the project expose people residing
or working in the project area to excessive noise levels?
No Impact. The project is not within the vicinity of a private airstrip. Therefore, no impact will occur.
42 Rev. 08/06/12
XIII. POPULATION AND HOUSING -Would the
project:
a) Induce substantial growth in an area either
directly (for example, by proposing new homes
and businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
a) Induce substantial growth in an area either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact. The proposed project involves maintenance activities (vegetation clearing) of existing dam
facilities. It does not involve the development of new homes or businesses, nor does it involve the
extension of new infrastructure. It would not increase the capacity of the reservoir. The project will not
create new areas for development. The project would have no discernible impact on growth, either
directly or indirectly. Therefore, no impact will occur.
b) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
No Impact. No housing exists in the area of the proposed improvements. The subject area is entirely
surrounded by existing and planned open space. The proposed project will not displace any existing
housing because no housing exists in the subject area of dam improvements. Therefore, no impact will
occur.
c) Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
No Impact. No housing exists in the area of the proposed improvements. The subject area is entirely
surrounded by existing and planned open space. The proposed project will not displace any existing
housing because no housing exists in the subject area of dam improvements. The proposed project will
not displace any people because no people, residences, or other development exists in the area. Therefore,
no impact will occur.
43 Rev. 08/06/12
XIV. PUBLIC SERVICES
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a) Would the project result in substantial adverse physical impacts associated with the provision of
new or physically altered government facilities, a need for new or physically altered government
facilities, the construction of which could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times, or other performance objectives for any of
the public services:
i) Fire protection? D D [8J D
ii) Police protection? D D D [8J
iii) Schools? D D D [8J
iv) Parks? D D D [8J
v) Other public facilities? D D D [8J
ai) Fire protection?
Less Than Significant Impact. Fire access to the site is adequate, and no measurable increase in the need
for fire services is expected. Equipment used for maintenance activities shall be maintained and used per
manufacturer's specifications to avoid accidental ignition of brush. Therefore, impacts will be less than
significant.
aii) Police protection?
No Impact. The proposed maintenance activities are not anticipated to result in any need for increased
police protection. Therefore, no impact will occur.
aiii) Schools?
No Impact. This project will not result in the need for additional schools, as no student generation would
occur as a result of the project and no schools would be affected. The project will have no impact.
aiv)Parks?
No Impact. The proposed maintenance activities will not increase demand for parks serving the area, and
is not anticipated to have an adverse impact on recreational use near the site. Therefore, no impact will
occur.
av) Other public facilities?
No Impact. The project will not require the construction of additional public facilities. The project will
have no impact with regard to public facilities.
44 Rev. 08/06/12
XV. RECREATION-Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
No Impact. The subject project will result in no impact related to demand for parks or other recreational
facilities. In addition, the proposed project will not affect the authorized pedestrian recreational trails in
the area except during the 1-5 day duration of vegetation removal activities, approximately 3-6 times per
year, when pedestrian use will be limited to areas outside of the maintenance activities. Pedestrian/
recreational trail users will be directed away from project activities by construction fencing and/or
signage. Therefore, no impact will occur.
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment?
No Impact. The proposed project does not include or require recreational facilities and has no impact
related to such facilities.
XVI. TRANSPORTATIONffRAFFIC-Would the project:
a) Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness for
the performance of the circulation system,
taking into account all modes of transportation
including mass transit and non-motorized travel
and relevant components of the circulation
system, including but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
45
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
Rev. 08/06/12
b) Conflict with an applicable congestion
management program, including, but not limited
to level of service standards and travel demand
measures, or other standards established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for
the performance of the circulation system, taking into account all modes of transportation
including mass transit and non-motorized travel and relevant components of the circulation
system, including but not limited to intersections, streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
Less Than Significant Impact. During the initial clearing operation, the project could generate up to 10
Average Daily Trips (ADT) per day for up to five days. Periodic maintenance activities could generate up
to 4 ADT, all of which would occur during peak hour (a.m. and p.m.) for up to five days per maintenance
activity. This traffic will utilize College Boulevard (major arterial) and Tamarack Avenue (collector
street). According to the City's Growth Management Plan 2010 Traffic Monitoring Program Summary
Report (Rick Engineering 2010), existing traffic on College Boulevard near the intersections with
Tamarack Avenue North and Tamarack Avenue South is 23,112 ADT (2010). The 2010 peak hour level
of service (LOS) at the arterial intersection at College Boulevard at Tamarack A venue is LOS B (a.m.
peak hour) and LOS A (p.m. peak hour). The design capacities of the roads affected by the proposed
project are 20,000-40,000 ADT for College Boulevard and 2,000-10,000 ADT for Tamarack A venue,
according to the City's General Plan Circulation Element (2004). The project traffic would represent less
than 1 percent of the existing traffic volume and the design capacity for each road. While the increase in
traffic from the proposed project may be slightly noticeable, the street system has been designed and sized
to accommodate traffic from the project and planned development in the City of Carlsbad. Therefore, the
proposed project would not cause an increase in traffic that is substantial in relation to the existing traffic
load and capacity of the street system. The impacts from the proposed project are less than significant.
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Caiavera Dam Routine Maintenance Project
b) Conflict with an applicable congestion management program, including, but not limited to level
of service standards and travel demand measures, or other standards established by the county
congestion management agency for designated roads or highways?
Less Than Significant Impact. SANDAG, acting as the County Congestion Management Agency, has
designated three roads (Rancho Santa Fe Road, El Camino Real, and Palomar Airport Road) and one
highway segment in Carlsbad as part of the regional circulation system. The increase of I 0 ADT for the
initial vegetation removal effort and 4 ADT for the periodic maintenance activities onto the adjacent
street system does not result in any affected road segments or intersections exceeding the level of service
standard established by SANDAG or by the City of Carlsbad. The proposed project will not significantly
affect traffic flow in the area of the project. Therefore, the impacts are less than significant.
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
No Impact. The proposed project is vegetation maintenance and would not result in a change to air traffic
patterns. The project is consistent with the McClellan-Palomar Airport Land Use Compatibility Plan,
amended December I, 20 II. It would not result in a change of air traffic patterns or result in substantial
safety risks; therefore, no impacts will occur.
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)?
No Impact. No improvements or modifications to any public or private roads are proposed. The project
will not change the geometry of public roads. The very low level of traffic using the dam facilities access
road would have virtually no effect on normal traffic on adjacent roads. The proposed project is consistent
with the City's General Plan and Zoning and would not increase hazards due to an incompatible use.
Therefore, no impacts will occur.
e) Result in inadequate emergency access?
No Impact. The proposed project will have no impact on existing emergency access as most of the work
will be adjacent to the water to remove vegetation. Emergency vehicles will be able to pass over the dam
without obstruction or take an alternate route around the lake if needed during the initial vegetation
removal effort and the periodic maintenance activities. Therefore, no impacts will occur.
t) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the performance or safety of such facilities?
No Impact. The project is not served by or not located in an area conducive to public transportation. The
Lake Calavera preserve area allows pedestrians and bicyclists on the trails; however, there are no
facilities, such as bike racks, around the lake. The routine maintenance activities will occur approximately
3--6 times per year, with each event lasting up to five days and will allow pedestrians and bicyclists to use
most of the preserve during maintenance activities. Therefore, no impacts related to these forms of
transportation will occur.
47 Rev. 08/06/12
XVII. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which would cause significant environmental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to serve
the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs?
g) Comply with Federal, State, and local statutes
and regulations related to solid waste?
EIA 11-03
Calavera Dam Routine Maintenance Project
Potentially
Significant
Impact
D
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
D
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
No Impact. The subject project involves maintenance activities (vegetation removal) at the Calavera Dam
facilities. No wastewater or sewage creation, transport, or treatment is involved in the project. The project
does not propose to treat any wastewater or discharge any water. The project will comply with NPDES
permit requirements. Therefore, no impact will occur.
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Calavera Dam Routine Maintenance Project
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which would cause significant environmental
effects?
No Impact. The subject project involves maintenance activities (vegetation removal) at the Calavera Dam
facilities. No wastewater or sewage creation, transport, or treatment is involved in the project. The project
does not propose to treat any wastewater or discharge any water. The project will comply with NPDES
permit requirements. Therefore, no impact will occur.
c) Require or result in the construction of new storm water drainage facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects?
No Impact. The project involves maintenance activities (vegetation removal) at the Calavera Dam
facilities, which would support the existing storm water collection infrastructure. No change to the
capacity or function of the facility would occur as a result of the proposed maintenance activities.
Therefore, no impact will occur.
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
No Impact. The project is the maintenance of existing drainage infrastructure and does not propose or
necessitate connection to potable water supplies. No water supply impacts are proposed through
implementation of the project. The project will have no impact on water supplies, other than the beneficial
potential for maintenance of the water storage area. Therefore, no impact will occur.
e) Result in a determination by the wastewater treatment provider, which serves or may serve the
project that it has adequate capacity to serve the project's projected demand in addition to the
provider's existing commitments?
No Impact. The project does not include a restroom or other potential sewer-demand generating uses. No
wastewater treatment will be necessitated by the project. Therefore, no impact will occur.
f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid
waste disposal needs?
Less Than Significant Impact. The project will produce minimal quantities of waste, primarily
compostable vegetative materials that will be removed from the site and can be processed as green waste
by local landfills. Impacts will be less than significant.
g) Comply with Federal, State, and local statutes and regulations related to solid waste?
Less Than Significant Impact. The City will comply with statutes and regulations related to solid waste.
Any solid waste generated on the site during maintenance activities that cannot be reused elsewhere or
processed as green waste would be removed and disposed of in an appropriate facility in accordance with
applicable local, State, and Federal regulations. Impacts related to solid waste will be less than significant.
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Calavera Dam Routine Maintenance Project
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
a) Does the project have the potential to degrade D
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods of California history or
prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects,
which will cause the substantial adverse effects
on human beings, either directly or indirectly?
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D D
D
D
a) Does the project have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
Potentially Significant Unless Mitigation Incorporated. The subject site presently houses a dam and
reservoir. The proposed project is necessary for maintenance of the dam facilities. Biological impacts
associated with the proposed project involve impacts to a total of 0.4 acre of sensitive habitat. Of that,
0.28 acre will require mitigation: 0.10 acre of impact to southern willow scrub and 0.18 acre of freshwater
marsh habitat at a ratio up to 2:1 (to be determined by the CDFG during permit approvals). Activities will
be timed to ensure that wildlife is not significantly affected during the nesting season by the maintenance
activities. No significant impacts to fish habitat will result from the project. Implementation of Mitigation
Measures BI0-1 through BI0-3 in Section IV will mitigate biological impacts to a less than significant
level.
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Calavera Dam Routine Maintenance Project
b) Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
Less than Significant Impact. The project's incremental effects are not anticipated to contribute
substantially to cumulatively considerable impacts. There are not currently any other projects being
constructed or proposed for construction near the project area. The subject project involves the
maintenance of existing public infrastructure at Calavera Dam. This maintenance activity (vegetation
removal) is a necessary infrastructure element in order that management and operation of the dam
facilities can continue. The dam is currently used for flood control and water storage. The impacts
resulting from implementation of the project, including potentially additive impacts related to traffic,
noise, air quality, and biological resources will be less than significant due to the limited number of days
involving maintenance activities.
c) Does the project have environmental effects, which will cause substantial adverse effects on
human beings, either directly or indirectly?
No Impact. The project consists of initial vegetation removal and ongoing maintenance activities
(vegetation removal) at the existing facilities on Calavera Dam. The project does not have environmental
effects that will cause substantial adverse effects on human beings, either directly or indirectly. Potential
adverse effects on the human population have been evaluated in preceding sections of this checklist. No
immitigable adverse environmental effects attributable to the project have been identified. Therefore, no
substantial adverse impacts on human beings will occur.
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Potentially Significant Unless Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
Earlier Analysis Used and Supporting Information Sources
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Division located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-
01). City of Carlsbad Planning Division. March 1994. Carlsbad General Plan, City of Carlsbad
Planning Division, dated March 1994. Amended September 2010.
2. City ofCarlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Division, as updated.
3. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad
Planning Division, final approval dated November 2004.
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Calavera Dam Routine Maintenance Project
4. Lake Calavera Trails Master Plan, City of Carlsbad, 2009.
5. City of Carlsbad Open Space and Conservation maps, City of Carlsbad, 2005.
6. Lake Calavera Reservoir Remedial Improvements (CUP 04-11) CEQA Initial Study/Mitigated
Negative Declaration, City of Carlsbad, 2006.
7. Caltrans website http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm, accessed January
2011.
8. "California Department of Conservation -San Diego County Important Farmland" exhibit dated
September 2002.
9. Marine Corps Base Camp Pendleton. Data available (htD~:LL~V\\ \V.<lrQ.~:<:l,~gy/adami accessed January
~() 11 ).
I 0. Cal Emissions Estimator Model (version 2011.1.1 ).
11. Personal communication with City Staff and the Calavera Mitigation Preserve Manager, Center for
Natural Lands Management (CNLM), Markus Speigelburg (via email July 20, 2011, June 5, 2012,
and June 7, 2012).
12. Guidelines for Biological Studies (Carlsbad 2008).
13. Cultural Resources Constraints Analysis for the Calavera Dam Long-Term Annual Maintenance
Project Memorandum, LSA Associates, Inc., July I, 2011.
14. ASM and Affiliates, Historic Resources Inventory and Evaluation Report for the Lake Calavera
Remedial Improvements Project, 2005.
15. Guidelines for Determining Significance of Geologic Hazards, County of San Diego, 2007.
16. Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), County of San Diego, March 2004.
17. South Coast Air Quality Management District Guidelines, December 2008.
18. Water Quality Control Plan for the San Diego Basin, California Regional Water Quality Control
Board San Diego Region, 1994, as amended.
19. City of Carlsbad Growth Management Plan 2010 Traffic Monitoring Program Summary Report, Rick
Engineering, 20 I 0.
20. San Diego County Regional Airport Authority, McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP) Amended December I, 2011.
List of Attachments
Attachment A. Site Photographs
Attachment B. Air Quality and Green House Gas Emissions Calculations
Attachment C. Biological Resources Report
Attachment D. CDFG Habitat Assessment Report
Attachment E. Cultural Resources Memorandum
Attachment F. Environmental FirstSearch Report (Environmental Database Records)
Attachment G. Maintenance Plan
XIX. LIST OF MITIGATING MEASURES (IF APPLICABLE)
• [BI0-1]. Implementation of construction or clearing of vegetation within the project impact footprint
shall occur outside of breeding season (March through September). The USFWS shall be notified at
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Calavera Dam Routine Maintenance Project
least seven days before clearing and grubbing begins. During construction conducted outside of the
breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to
flush birds from the area. The biologist shall immediately report to the USFWS the number and
location of any federally listed birds disturbed by clearing and grubbing. No California gnatcatchers
shall be injured or killed. If construction must commence during breeding season, then the City shall
have a qualified biologist conduct a pre-construction survey for nesting birds. including raptors,
within three days prior to construction. Should nesting birds be detected within I 00 feet of the project
impact footprint, the USFWS shall be notitled immediately of any federally listed species that are
located during the pre-construction survey. A qualified biologist shall then establish suitable buffer
area (at least 300 feet) \vithin wl1ich no construction activity may take place until the nest is no longer
active.
[BI0-2). During the breeding season. construction noise shall be monitored by a City-approved noise
consultant regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of
breeding habitat occupied by listed species. If noise levels exceed the threshold, the construction
array shall be changed or noise attenuation measures will be implemented, as recommended in the
draft Guidelines for Biological Studies (City of Carlsbad 2008).
• [BI0-3). The City will be responsible for obtaining a Streambed Alteration Agreement with the
CDFG for impacts to 0.36 acre ofCDFG jurisdictional habitat.
o The City will be responsible for providing mitigation for permanent impacts to 0.18 acre of
freshwater marsh at a 1:1 (0.18 acre) or 2:1 ratio (0.36 acre) pursuant to requirements of the
HMP.
o The City will be responsible for providing mitigation for permanent impacts to 0.10 acre of
southern willow· scrub at a 1: I (0.1 0 acre) or 2: I ratio (0.20 acre) pursuant to requirements of the
HMP.
XX. APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
53 Rev. 08/06/12
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
SOUTH COAST REGION
3883 RUFFIN ROAD
SAN DIEGO, CALIFORNIA 92123
STREAMBED ALTERATION AGREEMENT
NOTIFICATION No. 1600-2013-0241-RS
LAKE GALA VERA AND GALA VERA CREEK
CITY OF CARLSBAD
CALAVERA DAM ROUTINE MAINTENANCE PROJECT
Exhibit "C"
This Streambed Alteration Agreement (Agreement) is entered into between the
California Department of Fish and Wildlife (CDFW) and the City of Carlsbad (Permittee)
as represented by Sherri Howard.
RECITALS
WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified
CDFW on November 22, 2013, that the Permittee intends to complete the project
described herein.
WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project
could substantially adversely affect existing fish or wildlife resources and nas included
measures in the Agreement necessary to protect those resources.
WHEREAS, Permittee has reviewed the Agreement and accepts its terms and
conditions, including the measures to protect fish ar.td wildlife resources.
NOW THEREFORE, Permittee agrees to complete the project in accordance with the
Agreement.
PROJECT LOCATION
The project is located at Lake Calavera and Calavera Creek, in the City of Carlsbad,
County of San Diego, State of California; Latitude 33.17002, Longitude -117.28696;
U.S. Geological Survey 7.5-minute map San Luis Rey quadrangle, Section 34,
Township 11 south, Range 4 west, San Bernardino meridian; Assessor's Parcel
Number 168-04-002.
PROJECT DESCRIPTION
The project is limited to lake and stream impacts associated with the Calavera Dam
Routine Maintenance Project. All trees and shrubs will be removed within the area
between the open water and the dam spillway structure as well as an area near the
outlet structure at the downstream end of the dam. Herbaceous vegetation such as
cattails, rushes, and sedges will be removed along the upstream face of the dam.
Notification #1600-2013-0241-RS
Streambed Alteration Agreement
Page 2 of 17
The project includes the initial tree and shrub removal as well as routine maintenance of
the work areas to keep the areas clear of significant vegetation. The initial tree, shrub,
and other vegetation removal activities will be accomplished by cutting vegetation at or
above the ground level, leaving the roots in place and not excavating or otherwise
disturbing the soil layer. Heavy equipment may be used to remove vegetation along the
upstream face of the dam only if staged at paved areas on the top of the dam. Routine
maintenance of the spillway and outlet structure areas is limited to mowing vegetation or
otherwise removing vegetation in the project area on a regular basis with the use of
hand tools without excavating or otherwise disturbing the soil layer. Heavy equipment
may be used during vegetation maintenance activities to remove vegetation along the
upstream face of the dam only if staged at paved areas on the top of the dam. After the
initial vegetation removal, the project includes maintenance of the work area which will
likely remain as low growing grasses and forbs that survive between maintenance
events. It has been estimated that routine maintenance activities will occur
approximately 3 to 6 times per year, depending on weather conditions.
PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:
AMPHIBIANS-Pacific treefrog (Pseudacris regilla); REPTILES-red diamond
rattlesnake (Crotalus ruber), western pond turtle (Emys marmorata ssp. pal/ida),
western fence lizard (Sce/oporus occidentalis), two-striped garter snake (Thamnophis
hammondit), common side-blotched lizard (Uta stansburiana); BIRDS-red-winged
blackbird (Agelaius phoeniceus), California quail (Callipepla califomica), Anria's
hummingbird (Calypte anna), wrentit (Chamaea fasciata), American crow (Corvus
brachyrhynchos), common raven (Corvus corax), common yellowthroat (Geothlypis
trichas), house finch (Haemorhous mexicanus), yellow-breasted chat (lcteria virens),
California towhee (Me/ozone crissa/is), spotted towhee (Pipilo maculatus), lesser
goldfinch (Spinus psaltria), yellow warbler (Setophaga petechia), least Bell's vireo (Vireo
belfii pusillus), mourning dove (Zenaida macroura); MAMMALS-pallid bat (Antrozous
pallidus), California ground squirrel (Ostospermophi/us beecheyl), desert wood rat
(Neotoma /epida), Audubon's cottontail (Sylvilagus audubonit), Botta's pocket gopher
(Thomomys bottae); PLANTS-mulefat (Baccharis sa/icifolia), saltgrass (Distich/is
spicata), black willow (Salix gooddingit), arroyo willow (Salix lasiolepis), black sage
(Salvia me/litera), California bulrush (Scirpus californicus), cattail (Typha spp.); and
other riparian/wetland vegetation which provides habitat for those species, and all other
aquatic and wildlife resources in the project vicinity.
The adverse effects the project could have on the fish or wildlife resources identified
above include: soil compaction or other disturbance to soil layer; increased turbidity;
increased sedimentation (chronic or episodic); short-term release of contaminants (e.g.,
incidental from construction); loss or decline of riparian and/or emergent marsh habitat;
colonization by exotic plant or animal species; loss or decline of habitat; loss or decline
of woody material; disruption to nesting birds and other wildlife; direct take of terrestrial
species; and, change in shading or insolation leading to vegetative change.
Notification #1600-2013-0241-RS
Streambed Alteration Agreement
Page 3 of 17
The project will permanently impact 0.546 acres of stream bed, bank, channel, and/or
associated wetland/riparian vegetation. These impacts include 0.11 0 acre of southern
willow scrub, 0.246 acre of freshwater marsh, 0.011 acre of open water, and 0.179 acre
of unvegetated area consisting of bare ground. As identified on Exhibit A, 0.052 acre of
stream habitat within the project area has been previously impacted and mitigated
under a separate project (Streambed Alteration Agreement 1600-2004-0101-R5).
Therefore, new permanent impacts total 0.494 acre.
MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
1. Administrative Measures
Permittee shall meet each administrative requirement described below.
1.1 Documentation at Project Site. Permittee shall make the Agreement, any
extensions and amendments to the Agreement, and all related notification
materials and California Environmental Quality Act (CEQA) documents, readily
available at the project site at all times and shall be presented to CDFW
personnel, or personnel from another state, federal, or local agency upon
request.
1.2 Providing Agreement to Persons at Project Site. Permittee shall p·rovide copies
of the Agreement and any extensions and amendments to the Agreement to all
persons who will be working on the project at the project site on behalf of
Permittee, including but not limited to contractors, subcontractors, inspectors,
and monitors.
1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee
determines or learns that a provision in the Agreement might conflict with a
provision imposed on the project by another local, state, or federal agency. In
that event, CDFW shall contact Permittee to resolve any conflict.
1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project
site at any time to verify compliance with the Agreement.
1.5 Payment of Outstanding Fees. Permittee shall submit a fee to CDFW for each
individual maintenance project. The fee shall be based on CDFW's Agreement
for Routine Maintenance fees as described in the California Code of Regulations,
Title 14, section 699.5. CDFW acknowledges receipt of the base fee for a long-
term routine maintenance project as well as an additional $560.25 to be applied
toward fees for individual maintenance projects.
2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above,
Permittee shall implement each measure listed below.
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Streambed Alteration Agreement
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Resource Protection
2.1 Biological Education. Permittee shall conduct an education program for all
persons employed or otherwise working on the project site prior to performing
any work on-site. The program shall consist of a presentation from a qualified
biologist that includes a discussion of the biology of the habitats and species
identified in this Agreement and present at the site. The qualified biologist shall
also include as part of the education program information about the distribution
and habitat needs of any special status species that may be present, legal
protections for those species, penalties for violations and project-specific
protective measures included in this Agreement. Interpretation shall be provided
for non-English speaking workers, and the same instruction shall be provided for
any new workers prior to their performing work on-site.
2.2 Work Area Demarcation. Prior to construction, the authorized work limits shall be
marked in coordination with a qualified biologist. No vegetation shall be removed
outside of this marked area and no construction debris, equipment, or soils shall
be placed outside of the marked area.
2.3 Biological Monitor during Vegetation Removal. Due to the presence of native
riparian vegetation, the initial vegetation clearing shall be conducted under the
direct on-site supervision of a qualified biologist.
2.4 Qualified Biologist. For the purposes of this Agreement, a qualified biologist is
one who has met all of the following minimum qualifications: (a) bachelor's
degree in biological sciences, zoology, botany, ecology, or a closely related field;
(b) at least 3 years of experience in field biology or current certification of a
nationally recognized biological society; and (c) at least 1 year of field experience
with biological resources found in or near the project area. In lieu of the following
qualifications, a resume shall demonstrate to the satisfaction of CDFW that the
proposed biologist(s) has the appropriate training and background to effectively
implement the measures of this Agreement.
2.5 No Grubbing of Root Zone. No vegetation shall be removed by excavation,
grubbing or cutting below the ground level.
2.6 Prohibited Plant Species. Permittee shall not plant, seed or otherwise introduce
invasive exotic plant species within or near the project area. Invasive exotic
vegetation shall be removed from the project area during routine maintenance.
Prohibited exotic plant species include those identified in the California Invasive
Pest Plant Council database, which is accessible at: http://www.cal-ipc.org/paf/.
2.7 Removal and Disposal of Vegetation. Cut vegetation shall be removed from the
project area and disposed of in a manner that does not adversely affect adjacent
native habitat. Each lawn mower or similar equipment shall be equipped with a
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catchment device if feasible. Trimmed vegetation shall be raked or otherwise
collected and removed from the project area.
2.8 Herbicide Use Only For Non-Native Vegetation. Herbicides shall be used only
for selective treatment of non-native vegetation. Herbicide use to kill native
vegetation is prohibited.
2.9 Herbicide Use-General. Any herbicide used where the herbicide could come
into direct contact with water shall be approved for use in an aquatic
environment. Great care shall be taken to avoid contact with native vegetation,
and herbicide shall only be applied on calm days to prevent airborne transfer.
2.10 Herbicide Mixing. Herbicide mixing sites shall only be located in areas devoid of
vegetation, and where there is no potential of a spill reaching a vegetated area or
a stream, for example avoid mixing at a storm drain.
Wildlife and Habitat Protection
2.11 Protected Species. This Agreement does not authorize take, incidental or
otherwise, of any protected species. For the purpose of this Agreement,
"protected species" means the following: a species fully protected under state
law; a candidate species or species listed as threatened or endangered under
the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq.)
and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.); a species
identified by CDFW as a species of special concern; or any other species for
which take is prohibited under state or federal law. No direct or indirect impacts
shall occur to any protected species, except as may be authorized by a Natural
Community Conservation Plan or one or more individual permits that authorize
such impacts.
2.12 Seasonal Restrictions-General. To minimize impacts to nesting birds, initial
vegetation removal and maintenance activities shall not take place within the
project area from February 15 through August 31. This Agreement does not
authorize Permittee to take birds or other animals or to destroy the nest or eggs
of any bird.
2.13 Passive Habitat Restoration Activities. The following habitat restoration activities
may occur without the time restrictions described in Measure 2.12 (Seasonal
Restrictions-General) given that the activity does not disrupt nesting birds: hand
application of native seed mix; trash and debris removal by hand; non-native
vegetation removal using non-motorized hand tools; and, herbicide application
using non-motorized backpack or hand-carried sprayers. Appropriate
precautions to not disrupt nesting birds include, but are not limited to: pre-activity
nesting surveys; adequate buffer areas around nest sites (e.g., as determined by
a qualified biologist and based on the species and tolerance level of the animal,
the nature of the activity, and the ambient conditions at the site); and, on-site
Notification #1600-2013-0241-RS
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biological monitor(s) to observe whether nesting behavior is altered by project
activities and stop work as necessary.
2.14 Leave Wildlife Unharmed. If any life stage of any wildlife (invertebrate,
amphibian, reptile, mammal, or bird) is encountered during the course of
construction, said wildlife shall be allowed to leave the work area unharmed. A
qualified biologist may also relocate non-protected species out of harm's way to
appropriate avoided habitat immediately adjacent to the work site. ExClusionary
devices shall be erected to prevent the migration into or the return of species into
the work site. If any protected wildlife (see Measure 2.11) is encountered,
Permittee shall immediately inform CDFW of the observation and additional
measures taken to ensure the safety of the wildlife.
Equipment and Access
2.15 Hand Tools for Vegetation Removal. Initial vegetation clearing and maintenance
activities shall be conducted with hand tools only, except for vegetation removal
from along the upstream face of the dam through the use of equipment stationed
on paved areas at the top of the dam. For the purposes of this Agreement, hand
tools are defined as: walk behind lawnmowers, chainsaws, trimmers, and other
tools carried into the work area by hand. Wheeled or tracked heavy equipment
not stationed on paved areas at the top of the dam shall not be used during
activities subject to this Agreement.
2.16 Clean All Equipment Before Entering Stream. Permittee shall clean all
equipment of soil containing seed and/or plant material prior to entry into the
work area as well as prior to the removal of equipment form the work area to
prevent the spread of invasive exotic plant and animal species.
2.17 Access Impacts. Disturbance, removal or trimming of vegetation for work crews
or equipment access shall not exceed the impact limits reviewed by CDFW.
2.18 No Equipment Driven in Wetted Portion of the Stream. Wheeled or tracked
equipment shall not be operated in wetted areas (including but not limited to
ponded, flowing, or wetland areas).
Structures
2.19 No New Structures. This Agreement does not authorize the construction of any
temporary or permanent dam, structure, flow restriction, or fill.
Erosion, Turbidity, and Siltation
2.20 Disturbed Slopes. Areas of disturbed soils with slopes toward a stream or lake
shall be stabilized to reduce erosion potential. Planting and seeding with native
vegetation is acceptable. Where suitable vegetation cannot reasonably be
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expected to become established, non-erodible materials such as coconut fiber
matting or straw wattles shall be used for such stabilization until native
planted/seeded vegetation can become established. Any installation of non-
erodible materials not described in the original project description shall be
authorized in writing by CDFW. Authorization may include the negotiation of
additional Agreement provisions for this activity.
2.21 Erosion Control Measures. Permittee shall utilize erosion control measures
throughout all phases of operation where sediment runoff from exposed slopes
threatens to enter the stream.
2.22 Erosion Control Monitoring. Permittee shall monitor erosion control measures
before, during, and after each storm event and repair and/or replace ineffective
measures immediately.
Pollution, Litter, and Clean-Up
2.23 Litter and Pollution. Permittee shall comply with all litter and pollution laws. All
contractors, subcontractors and employees shall also obey these laws and it
shall be the responsibility of the Permittee to ensure compliance.
2.24 Secure Trash Receptacles. Permittee shall use fully covered trash receptacles
with secure lids (wildlife-proof) to contain all food, food scraps, food wrappers,
beverage and other miscellaneous trash.
2.25 Stationary Equipment. Stationary equipment such as motors, pumps,
generators, and welders located within or near the stream shall be positioned
over drip pans. Stationary heavy equipment shall have suitable containment to
handle a catastrophic spill/leak.
2.26 Equipment Maintenance and Fueling. No equipment maintenance or fueling
shall be done within or near any stream channel where petroleum products or
other pollutants from the equipment may enter these areas.
2.27 Equipment and Vehicle Spills and Contaminants. Any equipment or vehicles
driven or operated within or near the stream shall be checked daily to prevent
leaks of materials that if introduced to water could be deleterious to aquatic life.
Permittee shall maintain all vehicles and equipment in proper working condition
to minimize fugitive emissions and accidental spills from motor oil, antifreeze,
hydraulic fluid, grease, and other fluids or hazardous· materials. All fuel or
hazardous waste leaks, spills, or releases shall be stopped or repaired
immediately and cleaned up at the time of occurrence. Permittee shall be
responsible for spill material removal and disposal to an approved offsite landfill
and spill reporting to the permitting agencies. Service construction equipment
shall be stored at designated areas only. Maintenance vehicles shall carry
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appropriate equipment and materials to isolate and remediate leaks or spills. A
spill containment kit shall be available on site for all maintenance activities.
2.28 Site Cleanup. When operations are completed, any excess materials or debris
shall be removed from the work area.
3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that
cannot be avoided or minimized, Permittee shall implement each measure listed below.
3.1 Mitigation for Authorized Permanent Impacts. Mitigation for authorized impacts
shall be accomplished within the City's Lake Calavera Preserve according to the
Conceptual Mitigation Plan-Ca/avera Dam Routine Maintenance Project, dated
October 2015 (Mitigation Plan), unless otherwise noted in this Agreement.
Permittee shall create a minimum 0.015 acre of stream habitat. Permittee shall
also restore or enhance a minimum 0.773 acre of freshwater marsh and southern
willow scrub habitat. Permittee shall preserve a minimum of 3.63 acres as
identified in the Mitigation Plan. Permittee shall notify CDFW of any
modifications made to the project plans submitted to CDFW. At the discretion of
CDFW, minor plan modifications may require an amendment to this Agreement.
At the discretion of CDFW, if substantial changes are made to the original plans
this Agreement becomes void and Permittee must submit a new Notification.
3.2 Restoration Maintenance and Monitoring. The restoration of habitat shall be
maintained and monitored for a minimum of 5 years after installation.
Maintenance, monitoring, and reporting shall be conducted following a prescribed
schedule to assess progress and identify potential problems with the restoration.
Remedial action (e.g., additional planting, weeding, erosion control, use of
container stock, supplemental watering, etc.) shall be taken by an experienced,
licensed habitat restoration contractor during the maintenance and monitoring
period if necessary to ensure the success of the restoration. If the restoration
fails to meet the established success criteria after the maintenance and
monitoring period, maintenance and monitoring will extend beyond the 5-year
period until the criteria are met or unless otherwise approved in writing by CDFW.
3.3 Restoration Success Criteria. All restoration planting shall have a minimum of
80% survival the first year, 95% the second year, and 100% survival thereafter,
unless replaced by natural recruitment. Restoration areas shall attain 75% cover
of native woody perennials after 3 years and 90% cover of native woody
perennials after 5 years. At the completion of the monitoring period, the
restoration sites shall have received no supplemental watering for a period of 2
consecutive years; the site shall have a species richness of at least 15 native
species, divided between annuals and perennials; nonnative plants shall not
make up more than 5% of the entire cover of the site; no more than 5% of the
site shall consist of bare ground; the site shall be free of invasive exotic plant
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species; and there shall be no trash or human generated debris. The mitigation
areas shall meet identified non-native vegetation success criteria in perpetuity.
3.4 Mitigation Implementation Timing. Implementation of compensatory mitigation
(initial non-native vegetation biomass removal) shall commence after August 31,
2016 and no later than September 15, 2016. Delay in the initiation of
compensatory mitigation will require an amendment to this Agreement and may
require additional mitigation to mitigate the added temporal loss of stream habitat
function.
3.5 Release of Monitoring and Reporting Obligations. Permittee shall not be
released from monitoring and reporting obligations identified in Measure 3.2 until
such time as Permittee has requested and received written concurrence from
CDFW that the success criteria have been met. The mitigation areas shall meet
identified non-native vegetation success criteria in perpetuity.
3.6 Long-Term Management of Mitigation Areas. Permittee shall permanently assign
the mitigation areas identified in tliis Agreement to the Calavera Dam Routine
Maintenance Project, SAA 1600-2013-0241-R5. The mitigation areas shall not
be available for future compensatory mitigation obligations.
3.7 Protection of Mitigation Areas. All habitat mitigation areas shall be placed within
a Conservation Easement or other type of formal Deed Restriction approved by
CDFW, and managed in perpetuity. Permittee shall submit the final easement or
deed restriction and evidence of its recordation to CDFW. The document shall
adequately demonstrate that the mitigation site will be maintained for biological
value conservation without future development or encroachment on the site that
could otherwise reduce the functions and values for wildlife resources. The
easement or deed restriction shall prohibit all residential, commercial, industrial,
institutional, and transportation development. The easement or deed restriction
shall clearly state that no new rights or easements shall be granted within the
compensatory mitigation area, except as approved by CDFW. New infrastructure
development to be prohibited includes, but is not limited to, additional utility lines,
maintenance roads, trails, and areas of maintained landscaping for recreation,
excepting any prior rights under previously recorded easements.
3.8 Mitigation for Unauthorized Impacts. Permittee shall mitigate at a minimum 5:1
ratio for impacts beyond those authorized in this Agreement. In the event that
additional mitigation is required, the type of mitigation shall be determined in
cooperation with CDFW, and may include creation, restoration, enhancement
and/or preservation.
4. Reporting Measures
Permittee shall meet each reporting requirement described below. Permittee shall
submit reporting measures to CDFW's South Coast Office at the address on page 1,
Notification #1600-2013-0241-RS
Streambed Alteration Agreement
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ATTN: Streambed Alteration Program -SAA # 1600-2013-0241-RS or alternatively by
electronic mail to RSLSACompliance@wildlife.ca.gov.
4.1 Notification Prior to Work. Permittee shall notify CDFW, in writing, at least 5 days
prior to the initial vegetation removal activities subject to this Agreement.
4.2 Annual Post-activity Report. Permittee shall provide an annual written report of
the maintenance work conducted during the preceding work program year to
CDFW by January 31st of each year. The report shall include a minimum of a
description of the activities conducted, photographs of the project area, and
figures describing the extent of maintenance area from an aerial perspective.
The report shall also include a list of non-native species {aquatic, terrestrial, and
herbaceous plants and/or animals) observed and their relative abundance in the
project area. Permittee shall include the associated fee total for each
maintenance activity completed {See Measure 1.5).
4.3 Sensitive Species Observations. Permittee shall report all observations of
threatened/endangered species or species of special concern to CDFW's Natural
Diversity Data Base (CNDDB) within 60 days of each sighting. Instructions for
submitting the information are available at http://www.dfg.ca.gov/biogeodata
/cnddb/submitting_data_to_cnddb.asp. In addition to sending the information to
CNDDB a copy of the data provided should be sent to CDFW's South Coast
Office, ATTN: Streambed Alteration Program-SAA #1600-2013-0241-RS.
4.4 Mitigation Installation Report. Permittee shall submit a report to CDFW within 45
days after finalizing the replanting effort, acknowledging the completion of the
replanting site and documenting the as-built status of the mitigation area. The
report shall be submitted with electronic geographic information system (GIS)
shapefiles (along with the appropriate metadata) of the mitigation area.
4.5 Restoration Maintenance and Monitoring Reports. Restoration maintenance and
monitoring reports shall be submitted annually to CDFW during the maintenance
and monitoring period identified in Measure 3.2. Annual reports shall include at a
minimum: (a) maps identifying monitoring areas, transect locations, and planting
zones; (b) transect data {c) a list of names and companies of all persons who
prepared content of the annual report or participated in monitoring activities; {d)
photographs taken from established photopoints; (e) survival, percent cover, and
height of planted/seeded species; {f) percent cover of non-native and invasive
vegetation; (g) the number, by species, of plants replaced or re-seeded areas;
and (g) recommended remedial or adaptive maintenance.
4.6 Long-Term Reporting of Mitigation Areas. Permittee shall submit an annual
report to CDFW in perpetuity which identifies the specific mitigation areas
described in this Agreement and verification that the mitigation sites are meeting
identified non-native vegetation success criteria. This reporting may be met
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through reporting to CDFW along with other long-term restoration/preserve
management activities conducted within the City's Lake Calavera Preserve.
4.7 Required Reporting. Permittee shall provide a status report to CDFW every 4
years in accordance with FGC section 1605(g), with the first 4-year period
beginning on the effective date of this Agreement. The status report shall be
delivered to CDFW no later than 90 days prior to the end of each 4-year period,
and shall include all of the following:
a. A copy of the original Agreement;
b. The status of the projects covered by the Agreement;
c. An evaluation of the success or failure of the avoidance measures in this
Agreement designed to protect the fish and wildlife resources that the projects
this Agreement covers may substantially adversely affect; and,
d. A discussion of any factors that could increase the predicted adverse impacts
on fish and wildlife resources, and a description of the resources that may be
adversely affected.
4.8 Department Mandated Response to Status Report. Upon receipt of the status
report, CDFW shall comply with the provisions of FGC section 1605(g).
4.9 Failure to Provide Status Reports. If Permittee fails to provide timely status
reports as required by this Agreement and FGC section 1605(g), CDFW may
suspend or revoke this Agreement.
CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be in writing and
any communication or documentation shall be delivered to the address below by U.S.
mail, email, or to such other address as Permittee or CDFW specifies by written notice
to the other.
To Permittee:
City of Carlsbad
Sherri Howard
1635 Faraday Avenue
Carlsbad, California 92008
(760) 602-2756
sherri.howard@carlsbadca.gov
To CDFW:
California Department of Fish and Wildlife
South Coast Region
Notification #1600-2013-0241-RS
Streambed Alteration Agreement
Page 12 of 17
3883 Ruffin Road
San Diego, California 92123
Attn: Lake and Streambed Alteration Program
Notification #1600-2013-0241-RS
LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed
by Permittee or any person acting on behalf of Permittee, including its officers,
employees, representatives, _agents or contractors and subcontractors, to complete the
project or any activity related to it that the Agreement authorizes.
This Agreement does not constitute CDFW's endorsement of, or require Permittee to
proceed with the project. The decision to proceed with the project is Permittee's alone.
SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that
Permittee or any person acting on behalf of Permittee, including its officers, employees,
representatives, agents, or contractors and subcontractors, is not in compliance with the
.Agreement.
Before CDFW suspends or revokes the Agreement, it shall provide Permittee written
notice by certified or registered mail that it intends to suspend or revoke. The notice
shall state the reason(s) for the proposed suspension or revocation, provide Permittee
an opportunity to correct any deficiency before CDFW suspends or revokes the
Agreement, and include instructions to Permittee, if necessary, including but not limited
to a directive to immediately cease the specific activity or activities that caused CDFW
to issue the notice.
ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action
against Permittee instead of, or in addition to, suspending or revoking the Agreement.
Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or
that of its enforcement personnel.
OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and
subcontractors, from obtaining any other permits or authorizations that might be
required under other federal, state, or local laws or regulations before beginning the
project or an activity related to it.
Notification #1600-20 13-0241-RS
Streambed Alteration Agreement
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This Agreement does not relieve Permittee or any person acting on behalf of Permittee,
including its officers, employees, representatives, agents, or contractors and ·
subcontractors, from complying with other applicable statutes in the FGC including, but
not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503
(bird nests and eggs), 3503.5 (birds of prey), 5650 {water pollution}, 5652 (refuse
disposal into water}, 5901 (fish passage), 5937 (sufficient water for fish}, and 5948
(obstruction of stream}.
Nothing in the Agreement authorizes Permittee or any person acting on behalf of
Permittee, including its officers, employees, representatives, agents, or contractors and
subcontractors, to trespass.
AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the
amendment is necessary to protect an existing fish or wildlife resource.
Permittee may amend the Agreement at any time during its term, provided the
amendment is mutually agreed to in writing by CDFW and Permittee. To request an
amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend
Lake or Streambed Alteration Agreement" form and include with the completed form
payment of the corresponding amendment fee identified in CDFW's current fee
schedule (see Cal. Code Regs., tit. 14, § 699.5}.
TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported
transfer or assignment of the Agreement to another entity shall not be valid or effective,
unless the transfer or assignment is requested by Permittee in writing, as specified
below, and thereafter CDFW approves the transfer or assignment in writing.
The transfer or assignment of the Agreement to another entity shall constitute a minor
amendment, and therefore to request a transfer or assignment, Permittee shall submit
to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form
and include with the completed form payment of the minor amendment fee identified in
CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).
EXTENSIONS
In accordance with FGC section 1605(b), Permittee may request one extension of the
Agreement, provided the request is made prior to the expiration of the Agreement's
term. To request an extension, Permittee shall submit to CDFW a completed CDFW
"Request to Extend Lake or Streambed Alteration" form and include with the completed
form payment of the extension fee identified in CDFW's current fee schedule (see Cal.
Notification #1600-2013-0241-RS
Streambed Alteration Agreement
Page 14 of 17
Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance
with FGC 1605(b) through (e).
If Permittee fails to submit a request to extend the Agreement prior to its expiration,
Permittee must submit a new notification and notification fee before beginning or
continuing the project the Agreement covers (FGC section 1605(f)).
EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW's signature, which shall be: 1)
after Permittee's signature; 2) after CDFW complies with all applicable requirements
under the California Environmental Quality Act (CEQA); and 3) after payment of the
applicable FGC section 711.4 filing fee listed at http://www.wildlife.ca.gov/habcon/ceqa/
ceqa_changes.html.
TERM
This Agreement shall expire on January 15, 2026, unless it is terminated or extended
before then. All provisions in the Agreement shall remain in force throughout its term.
Permittee shall remain responsible for implementing any provisions specified herein to
protect fish and wildlife resources after the Agreement expires or is terminated, as FGC
section 1605(a)(2) requires.
EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated
herein by reference.
Exhibit A. Ca/avera Dam Routine Maintenance Project, CDFW Jurisdiction Impacts
Exhibit B. Ca/avera Dam Routine Maintenance Project; Proposed Mitigation Areas
AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of
Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's
behalf and represents and warrants that he or she has the authority to legally bind
Permittee to the provisions herein.
AUTHORIZATION
This Agreement authorizes only the project described herein. If Permittee begins or
completes a project different from the project the Agreement authorizes, Permittee may
be subject to civil or criminal prosecution for failing to notify CDFW in accordance with
FGC section 1602.
Notification #1600-2013-0241-R5
Streambed Alteration Agreement
Page 15 of 17
CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.
FOR CITY OF CARLSBAD
Sherri Howard
Associate Engineer
Gail K. Sevrens
F FISH AND WILDLIFE
Environmental Program Manager
Prepared January 2016 by Kevin Hupf, Environmental Scientist
,JH-Vk?>/ n,~,w
Date
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Notification #1600-2013-0241-RS
Streambed Alteration Agreement
Page 16 of 17
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Page 17 of 17
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