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2011-10-05; Planning Commission; ; PDP 00-02C|SP 144L|RP 10-26|CDP 10-17|HDP 10-05|SUP 10-02|HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT
The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 5, 2011 Application complete date: November 30,2010 Project Planner: Pam Drew Project Engineer: Terry Smith & David Rick SUBJECT: PDF 00-02rC)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Special Use Permit (Floodplain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. I. RECOMMENDATION That the Planning Commission: 1) ADOPT Planning Commission Resolution No. 6816 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions No. 6817, 6818, 6819, 6821 and 6823 RECOMMENDING APPROVAL of Precise Development Plan Amendment (POP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6820 and 6822 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. II. BACKGROUND On February 2, 2011, the Planning Commission recommended approval of the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project and recommendation of adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) on a 6-0 vote. The project was heard at the March 8, 2011, Cityo PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 2 Council and Housing and Redevelopment Commission Joint Special Meeting (Attachment 13). At that meeting, the Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., (included with Attachment 13), dated March 7, 2011. In the letter and during oral comments at the hearing, Mr. Rouse raised a number of concerns regarding the MND/MMRP and adequacy of public notice. At the March 8, 2011 meeting, Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff, the matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received between the March 8, 2011 City Council and Housing and Redevelopment Commission meeting and the continued meeting. Staff completed and mailed the response to comment letter to Mr. Ronald W. Rouse (included with Attachment 14) on April 11, 2011. On Tuesday, April 26, 2011, the City Council and Housing and Redevelopment Commission resumed the public hearing to consider staffs response to previous testimony, and to receive and consider additional testimony (Attachment 14). All correspondence between City of Carlsbad staff and NRG staff submitted at that meeting is included with Attachment 14. At staffs request the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to complete further environmental analysis and to re-circulate the revised MND/MMRP if warranted. Since that time staff has completed further environmental analysis and included clarifying information in the following categories: • Air Quality • Greenhouse Gas Emissions • Noise • Mandatory Findings of Significance Additional mitigation measures were added (discussed below) and the MND/MMRP document was re-circulated for a 30-day public review period. HI. PROJECT DESCRIPTION The proposed project has not changed since the February 2, 2011 Planning Commission meeting, which involves the installation of a sewer trunk line in a north-south direction, a mostly underground, sensitively designed sewer lift station (50 mgd capacity), a modern, attractive sewer support bridge (140-foot weathered steel span), pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, specifically segments VC11, VC12, VC13, VC14, and VC15, and associated sewer force main and gravity piping, including a 6-inch potable water line and a 12- inch recycled water line. These sewer segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 3 : jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional EWPCF. The new line will be located primarily within and along the SDNR railroad right-of-way and Avenida Encinas right of way to the west of the 1-5 freeway. The proposed improvements are necessary as a replacement for, or are in addition to, the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. Further information about project description, construction phasing, staging areas, traffic control, grading, and other related details are included with the staff report dated February 2, 2011 (Attachment 12). IV. JURISDICTIONAL AUTHORITY Because of its location and geographic reach, the project will require permits from a number of jurisdictions in addition to the city-issued permits. The following paragraphs summarize the required permits and issuing authority. Planning Commission • Coastal Development Permit (CDP) for the section of the project south of Cannon Road. • Special Use Permit (SUP) for any construction or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridge pilings which presently are within the lagoon channel (the new bridge support abutments will be constructed on the lagoon bank and a minimum of 10-feet above the 100-year flood zone). Housing and Redevelopment Commission (upon Planning Commission recommendation) • Redevelopment Permit (RP) for all structures proposed within the South Carlsbad Coastal Redevelopment Plan (SCCRP). Proposed improvements within the EPS property to slightly south of Cannon Road are within the SCCRP. City Council (upon Planning Commission recommendation) • Habitat Management Plan Permit (HMP) for the impacts to native habitat necessitated by the construction of the pipe support bridge abutments. • Hillside Development Permit (HDP) for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. • Precise Development Plan (PDF) Amendment and a Specific Plan (SP) Amendment for all structures proposed within the EPS property. • SP 144 Amendment for all structures proposed within the SP boundary. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 4 California Coastal Commission • Coastal Development Permit for all proposed work north of Cannon Road to the northern end of the project, including the SLS. This area is within the Agua Hedionda segment of the City's Local Coastal Program, where the California Coastal Commission has retained permitting authority. Resource Agencies • U.S. Army Corps of Engineers (Section 10 of the River and Harbors Act - 404 Permit). • Regional Water Quality Control Board (Section 401 of the Clean Water Act - 401 Certificate). • California Department of Fish and Game (Section 1600 - Streambed Alteration Agreement) for the removal of the existing trestle bridge(s) and construction of the new bridge over the Agua Hedionda Lagoon channel. The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. V. ANALYSIS A. Carlsbad General Plan; B. Title 21 (Zoning) and Precise Development Plan (POP 00-02); C. Encina Specific Plan (Specific Plan 144); D. South Carlsbad Coastal Redevelopment Plan; E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II Segment and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code); G. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the Carlsbad Municipal Code); H. Habitat Management Plan; and I. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). The project's compliance with each of the above regulations is discussed in detail in the Planning Commission staff report, dated February 2, 2011 (Attachment 12), and is found to be consistent with the applicable rules and regulations. VI. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result, the following is a summary of the environmental mitigation measures that were added or amended from the previously circulated EIA Part 2 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 5 document and incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance. New mitigation measures: • Air Quality (AQ-2) - Process for minimizing construction related emissions due to dust. • Air Quality (AQ-3) - Cooperate with the YMCA during grading, construction and pipe laying operations adjacent to their facility. • Hazards/Hazardous Materials (HAZ- 5) - Maintain a 12-foot wide, unobstructed emergency, construction and operations access. Amended mitigation measures: • Cultural Resources (CUL-1) - Process when encountering archaeological resources. • Hazards/Hazardous Materials (HAZ- 4) - Procedure for air monitoring during excavation or trenching. According to CEQA Section 15073.5(b)(l), if "a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance," then the document must be re-circulated. Therefore, the Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30- day public review and comment period (July 23, 2011 - August 22, 2011). Furthermore, the environmental document was e-mailed and sent by regular mail to Jennifer Chavez, special counsel with Luce Forward, and George Piantka and Jennifer A. Hein with NRG Energy, Inc. Three comment letters were received and are included, along with staffs responses, as part of Planning Commission Resolution No. 6816 recommending adoption of MND/MMRP. The Planning Director rescheduled the application for the Planning Commission for a new hearing for a recommendation to the City Council and Housing and Redevelopment Commission. ATTACHMENTS: 1. Planning Commission Resolution No. 6816 (MND) 2. Planning Commission Resolution No. 6817 (POP) 3. Planning Commission Resolution No. 6818 (SP) 4. Planning Commission Resolution No. 6819 (RP) 5. Planning Commission Resolution No. 6820 (CDP) 6. Planning Commission Resolution No. 6821 (HDP) 7. Planning Commission Resolution No. 6822 (SUP) 8. Planning Commission Resolution No. 6823 (HMP) PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 6 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Planning Commission Staff Report and Minutes, dated February 2, 2011 13. City Council and Housing and Redevelopment Commission Agenda Bill #20,478 and Minutes, dated March 8, 2011 14. City Council and Housing and Redevelopment Commission Agenda Bill # 20,532 and Minutes, dated April 26, 2011 15. 8.5" x 11" Reduced Exhibits 16. 11" x 17" Reduced Exhibits "A" - "Y" dated October 5, 2011 AGUA HEDIONDA LAGOON SITE MAP NOT TO SCALE Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project POP 00-02(C) / SP 144(L) / RP 10-26 / CDP 10-177 HDP 10-05 / SUP 10-02 / HMP 10-03 BACKGROUND DATA SHEET CASE NO: PDF 00-02(CVSP 144(LVRP 10-26/CDP 10-17/HDP 10-05/SUP 10-Q2/HMP 10- 03 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN, AND GRAVITY SEWER REPLACEMENT APPLICANT: City of Carlsbad REQUEST AND LOCATION: Request recommending adoption of a mitigated negative declaration and a mitigation monitoring and reporting program to construct a replacement sewer lift station, sewer support bridge, force & gravity main, and associated pipelines (SLS) south of Chinquapin Avenue to the Encina Water Pollution Control Facility (EWPCF) within easements on public and private property and within the right-of-way of Avenida Encinas. LEGAL DESCRIPTION: A portion of properties within easements identified as Assessor's Parcel Number 206-092-10, 206-092-12, 210-010-09, 210-010-41, 210-010-42. 210-011-05 and public right-of-way on a portion of Avenida Encinas. APN: 206-092-10, 206-092-12. 210-010-09, 210-010-41, 210-010-42 and 210-011-05. Acres: The project extends approximately 12,380 linear feet (2.35 miles) in a north-south direction. The lift station is located on an approximate 2.3 acre area on the northeast end of the Encina Power Station (EPS), which is approximately 95 acres. Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: 1) BNSF railroad r-o-w has a Transportation Corridor (TC) designation; 2) EPS and SDG&E have a Public Utilities (U) designation; 3) Property owned by West Real Estate LLC has a Travel/Recreation Commercial (T-R) designation; and 4) the public right-of-way on Avenida Encinas has a Secondary Arterial designation. Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: 1) BNSF railroad r-o-w has a Transportation Corridor (T-C) designation; 2)_EPS and SDG&E have a Public Utilities (P-U) designation; 3) Property owned by West Real Estate LLC has a Commercial Tourist - Qualified Overlay (C-T-Q) designation; and 4) the public right- of-way on Avenida Encinas has a Secondary Arterial designation. Proposed Zone: N/A Revised 01/06 Surrounding Zoning, General Plan and Land Use (EPS only. The piping to the north and south of the EPS is surrounded by industrial, commercial, residential, transportation and open space General Plan and zoning designations and current land uses): General Plan Site North South East West Coastal Zone: IX) Yes I I No Hedionda Land Use Plan Current Land Use Power Station Open Space (lagoon) Industrial Highway (1-5) Open Space (beach) Local Coastal Program Segment: Mello II & Agua P-U o-s P-U T-C O-S U OS U TC OS LOCAL COASTAL PROGRAM Within Appeal Jurisdiction: [X] Yes I I No Coastal Development Permit: 1X1 Yes Local Coastal Program Amendment: I I Yes [>3 No No Existing LCP Land Use Designation: U* Existing LCP Zone: P-U* Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A (*EPS only; other LCP land use designations and zoning for the remainder of the project are similar to the surrounding zoning and General Plan designations north and south of the EPS as identified above.) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I | Categorical Exemption,_ Mitigated Negative Declaration, pending City Council adoption Certified Environmental Impact Report, dated Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NOS: Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement - POP 00-02(C)/SP 144(LVRP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 LOCAL FACILITY MANAGEMENT ZONES: 1.3&22 GENERAL PLAN: Public Utilities (U) - EPS only. The piping to the north and south of the EPS is surrounded by industrial, commercial. residential, transportation and open space General Plan designations. ZONING: Public Utilities (P-U) - EPS only. The piping to the north and south of the EPS is surrounded by industrial, commercial residential, transportation and open space zoning designations. DEVELOPER'S NAME: City of Carlsbad ADDRESS: 1635 Faraday Avenue. Carlsbad. CA 92008 . PHONE NO.: (760) 602-2765 ASSESSOR'S PARCEL NOS.: 206-092-10. 206-092-12. 210-010- 09. 210-010-41. 210-010-42 and 210-011-05 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): The project extends approximately 12,380 linear feet (2.35 miles) in a north south direction. The lift station is located on an approximate 2.3 acre area on the northeast end of the EPS, which is approximately 95 acres. ESTIMATED COMPLETION DATE: Unknown at this time A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) <1 EDU D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = <3 CFS Identify Drainage Basin = B_ (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 1_ (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = ]_ H. Open Space: Acreage Provided = N/A I. Schools: N/A (Demands to be determined by staff) J. Sewer: Demands in EDU <1 EDU Identify Sub Basin = 3A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = <220 GPP The Growth Management Dwelling unit allowance is not applicable to this project. The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: February 2, 2011 Application complete date: November 30, 2010 Project Planner: Pam Drew Project Engineer: David Rick SUBJECT: PDF 00-02(CVSP 144(LVRP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe-support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Avenida Encinas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way on Avenida PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 2 Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. I. RECOMMENDATION That the Planning Commission: 1) ADOPT Planning Commission Resolution No. 6753 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 RECOMMENDING APPROVAL of Precise Development Plan Amendment (POP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6757 and 6759 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project involves the installation of a sewer trunk line in a north-south direction, a mostly underground, sensitively designed SLS (50 mgd capacity), a modern, attractive sewer support bridge (140-foot weathered steel span), pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, specifically segments VC11, VC12, VC13, VC14, and VC15, and associated sewer force main and gravity piping, including a 6-inch potable water line and a 12- inch recycled water line. These sewer segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional EWPCF. The new line will be located primarily within and along the SDNR railroad right-of-way and Avenida Encinas right of way to the west of the I- 5 freeway. The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rail Trail, a separate, future project in this area. The proposed improvements are necessary as a replacement for or are in addition to the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. Table 1 below shows the current, proposed, and anticipated build-out sewer flows: POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 3 TABLE 1 Current &Proposed (Build-Out) Wastewater Flow & Capacity Average Dry Weather Flow (ADWF) Peak Dry Weather Flow (PDWF) Peak Wet Weather Flow (PWWF) Capacity Current lOmgd 15 mgd 25 mgd 30 mgd Proposed (Build-out) 14 mgd 21 mgd 33 mgd 50 mgd HI. PROJECT DESCRIPTION AND BACKGROUND The project will remove and replace the existing sewer lift station and pipe support bridge and will install approximately 1,400 linear feet of 54-inch sewer pipe to the north of the new lift station location. The project will also include the construction of 3,960 linear feet of 30-inch force main and approximately 7,020 feet of 54-inch gravity sewer south of the new lift station location. While the existing 42-inch line north of the existing lift station will be abandoned and a portion removed, the existing 42-inch line south of the existing lift station is in sufficiently good condition that it will remain in place as a parallel line to the new force main/gravity sewer to be constructed south of the new lift station. The existing line to remain in place will handle low and average volume sewer flows. Related utility relocations include the option of relocating approximately 380 feet of natural gas transmission pipe. The owner of this gas transmission pipe (SDG&E) is presently undecided on whether to relocate this pipe from its present support trestle bridge structure across the lagoon channel to the proposed sewer line support bridge; and to thus demolish and remove the existing gas line support bridge. Nonetheless, it is included in this project and the environmental impacts associated with the gas line relocation and trestle bridge removal were included in the environmental analysis so that if SDG&E decides to relocate the gas line and remove the trestle bridge structure, the environmental review of this segment of the project has been completed. Also proposed within the work area and in an alignment parallel to the sewer line is a 12-inch recycled water line which will run from the north end of the project area to the south end (total 12,460 ft). This line will transport pressurized recycled water to the northern sections of Carlsbad from the Carlsbad Water Recycling Facility, located next to the EWPCF. This recycled line will be installed on primarily the east side of the sewer pipe. It is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line. Completion of the reminder will occur as additional funding becomes available. Further information about project description, construction phasing, staging areas, traffic control, grading, and other related details are included as Attachment 12. Jurisdictional Authority. Because of its location and geographic reach, the project will require permits from a number of jurisdictions in addition to the city-issued permits. The following paragraphs summarize the required permits and issuing authority. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 4 Planning Commission • Coastal Development Permit (CDP) for the section of the project south of Cannon Road. • Special Use Permit (SUP) for any construction or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridge pilings which presently are within the lagoon channel (the new bridge support abutments will be constructed on the lagoon bank and a minimum of 10-feet above the 100-year flood zone). Housing and Redevelopment Commission (upon Planning Commission Recommendation) • Redevelopment Permit (RP) for all structures proposed within the South Carlsbad Coastal Redevelopment Plan (SCCRP). Proposed improvements within the EPS property to slightly south of Cannon Road are within the SCCRP. City Council (upon Planning Commission recommendation) • Habitat Management Plan Permit (HMP) for the impacts to native habitat necessitated by the construction of the pipe support bridge abutments. • Hillside Development Permit (HDP) for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. • Precise Development Plan (POP) Amendment and a Specific Plan (SP) Amendment for all structures proposed within the EPS property. • SP 144 Amendment for all structures proposed within the SP boundary. California Coastal Commission • Coastal Development Permit for all proposed work north of Cannon Road to the northern end of the project, including the SLS. This area is within the Agua Hedionda segment of the City's Local Coastal Program, where the California Coastal Commission has retained permitting authority. Resource Agencies • U.S. Army Corps of Engineers (Section 10 of the River and Harbors Act - 404 Permit). • Regional Water Quality Control Board (Section 401 of the Clean Water Act - 401 Certificate). • California Department of Fish and Game (Section 1600 - Streambed Alteration Agreement) for the removal of the existing trestle bridge(s) and construction of the new bridge over the Agua Hedionda Lagoon channel. There are no unresolved issues. The staff recommendation approval with conditions is supported by the analysis as follows. IV. ANALYSIS A. Carlsbad General Plan; B. Title 21 (Zoning) and Precise Development Plan (POP 00-02); PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 5 C. Encina Specific Plan (Specific Plan 144); D. South Carlsbad Coastal Redevelopment Plan; E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II Segment and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code); G. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the Carlsbad Municipal Code); H. Habitat Management Plan; and I. Growth Management (Chapter 21,90 of the Carlsbad Municipal Code). A. General Plan The General Plan designates the EPS and adjacent SDG&E properties for Public Utility (U) uses. The General Plan Land Use Element describes this category of land use as applied to "...areas, both existing and proposed, either being used or which may be considered for use for public or quasi-public functions." The Land Use Element also states that U designation's "primary functions include such things as the generation of electrical energy, treatment of waste water, public agency maintenance, storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community." The proposed SLS and other project components in the "U" land use designation are consistent with this description, particularly in that they are designed to serve much of Carlsbad. The various pipelines proposed for the project are located within several different land use designations. Installation of pipelines is considered to be consistent with the Land Use Element in that pipelines are allowed in all General Plan land use designations. Further, since they would be placed underground, would be generally located in street and railroad right of ways, and would cause only limited, impacts to sensitive native habitats (pipe support bridge abutments), the proposed pipelines are consistent with General Plan policies requiring development to protect and enhance the City's environment, character, and image. In addition, staff finds the project is consistent with the General Plan as discussed below: a. The proposed SLS and additional sewer piping is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These elements are consistent with Land Use Element Growth Management and Public Facilities Goal A.I, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." b. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 6 addition, the project would result in more efficient and reliable wastewater transport to the EWPCF. The project is consistent with the Lane Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." c. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or ocean views. In addition to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment." d. General Plan Circulation Element Scenic Roadway Policy C.I requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant fa9ade." The SLS as well as the pipe support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance. B. Title 21 (Zoning) and Precise Development Plan (PDF 00-02) Background The EPS site has a Public Utility (P-U) zoning, which implements the corresponding General Plan U land use designation. Section 21.36.020 of the Public Utility Zone lists permitted uses and structures, including wastewater treatment, disposal or reclamation facilities. Accordingly, as a proposal to enhance and replace the existing sewer lift station and related pipelines, the project is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "... until a precise development plan has been approved for the property." Consistent with this requirement, PDF 00-02 was approved in 2006 for the EPS and most recently amended in 2009 for changes to the desalination project (PDF 00- 02(B)). This PDF serves as the primary entitlement for the SLS. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page? The proposed SLS and appurtenances require an amendment to the POP. However, these amendments are relatively minor since there is an existing sewer lift station located on the EPS and acknowledged in the PDP and because the project is a permitted use in the P-U zone. The amendment primarily consists of updating the PDP text and graphics to recognize the new location of the proposed SLS and the removal of the existing sewer lift station and overflow basin. Other "housekeeping" changes are proposed to update the PDP contents (e.g., to reflect that the desalination plant is an approved, not proposed project) and list the various regulations applicable to proposals within it. No standards of the PDP would be changed by the proposal. The project complies with the requirements of the P-U zone and PDP 00-02(8). Attachment 13 is a table that provides a detailed analysis of project compliance with applicable development standards. C. Encina Specific Plan (SP 144) Adopted in 1971 and amended several times since, the Encina Specific Plan encompasses 680 acres and spans a two-mile distance from the Pacific Ocean to just east of Cannon Road near its intersection with Faraday Avenue. Within its boundaries are the EPS, Agua Hedionda Lagoon east and west of Interstate 5, and adjacent areas. Specific Plan 144(H), an action approved with the desalination project in 2006, incorporated PDP 00-02 by reference. The Specific Plan states that it must be amended if the PDP is amended. Since the proposed project would amend PDP 00-02, it triggers an amendment of the Encina Specific Plan. In 1998, the City Council adopted a Resolution of Intention (ROI Reso. No. 98-145), directing city staff to study and consider a comprehensive land use plan for properties within Specific Plan 144 (SP-144). The study was not done, but subsequent actions of the City Council reconfirmed that a comprehensive specific plan update is necessary, and that it should be applicant, rather than city-initiated. However, in 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the Specific Plan area be required to prepare a comprehensive update of the specific plan. This direction was revised in 2003, when the City Council passed Resolution 2003-208, allowed the PDP and Desalination Plant project to be processed as an amendment to the Encina Specific Plan 144 rather than through a comprehensive update of the specific plan. While the proposed SLS project is an improvement partially within SP-144, it is not subject to the comprehensive update requirement because it does not trigger or significantly impact the land use, public access and other issues of concern identified in the 1998 ROI. Specifically, the project is not subject to the comprehensive update requirement for the following reasons: a. The project improves major regional infrastructure that cannot be feasibly relocated. The project will replace existing facilities which have reached the end of their useful life. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 PageS __ b. The lift station and pipelines are not significant new land uses; they would improve existing like facilities and would be constructed in.generally the same locations as those existing facilities. They would be located in an existing utility corridor bordered on the west side by the railroad. The majority of the pipeline portion of the project within SP-144 would be underground. Furthermore, care has been exercised in the design of above-ground structures such as the proposed lift station that features a low profile and partially buried structure and the replacement bridge for the sewer line. c. As a replacement and expansion of existing, like utility uses in generally the same location, the project would not represent a new, significant impediment to addressing the issues identified in the ROI, including land use and public access. d. The project proposes no changes to general plan land use or zoning designations or any conditions or policies of SP-144. e. As discussed in this section, the project complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines. f. The project would result in only minor changes to the latest adopted versions of the Encina Specific Plan and the POP (SP-144(J) and POP 00-02(8)) in the form of text and graphic changes that merely recognize the proposed improvements and make clarifications. Consistent with SP 144(J) and PDP 00-02(8), these minor changes are considered "formal amendments" to the documents. Since the project would not require a comprehensive update, it instead proposes an amendment to SP-144. The amendment enables the project to continue to be a part of SP-144 and subject to any future comprehensive review. As part of the amendment, the minor changes proposed to the SP-144 text and graphics reference and briefly describe the new SLS and PDP 00-02(C). Minor "housekeeping" revisions are also proposed to standardize references to SP-144 and note the City Council's requirement to comprehensively update the specific plan. Proposed revisions would also clarify the Council's discretion to waive or modify this update requirement as is recommended for this project by way of the amendment proposed. The proposed project complies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, and exterior lighting, as is discussed in detail in Attachment 13. D. South Carlsbad Coastal Redevelopment Plan The South Carlsbad Coastal Redevelopment Plan (SCCRP), adopted in 2000 and amended in 2005, establishes a 555-acre redevelopment area that includes the portion of the project from approximately the proposed SLS to Avenida Encinas, a few hundred feet south of the Cannon Road area. The SCCRP is in effect through 2030. The stated goals that are applicable to the project include: PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AQUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 9 • Eliminating blight and environmental deficiencies in the Redevelopment Project Area. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. • Developing new beach and coastal recreational opportunities. The project will achieve these key goals of the redevelopment plan by replacing an existing sewer lift station, which is blighted, under-sized, outdated and nearing the end of its useful life. The project also includes the installation of a 12" recycled water line, which will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provide adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. Furthermore, the pipe support bridge over the Agua Hedionda Lagoon is being designed to accommodate the future Coastal Rail Trail through this area, which will allow pedestrians and bicyclists recreational opportunities adjacent to the lagoon and coast. SCCRP Section 527 requires all property within the Redevelopment Plan boundaries to be developed, redeveloped, or rehabilitated in conformance with the goals and provisions of the Plan and the requirements and regulations of the General Plan, Zoning Ordinance, and any other state or local requirements, such as guidelines and specific plans. Further, Section 601 indicates the permitted land uses within the Plan boundaries are those permitted by the General Plan, Zoning Ordinance and all other state and local requirements. Exhibit C of the SCCRP lists proposed projects and infrastructure improvements and identifies "Commercial Rehabilitation and Economic Development Programs", which facilitate development of modern industrial, commercial, and utility facilities. An amendment to SCCRP Section 601 passed and adopted in November 2005, states that specific uses, including a "wastewater treatment plant" may be permitted in the Redevelopment Plan only if the Housing and Redevelopment Commission finds all of the following are satisfied: • The Commission approves a finding that the land use serves an extraordinary public purpose; • That the Commission approves a Precise Development Plan or other appropriate planning permit or regulatory document; and • That the Commission has issued a Redevelopment Permit. A Redevelopment Permit and Precise Development Plan are included in this project. As stated above, the Housing and Redevelopment Commission must also make a finding that the proposed project serves an extraordinary public purpose. Evidence to support making this finding is provided below. • As mentioned above the existing sewer lift station and pipelines, which was constructed in 1964 and rehabilitated in 1989, are under-sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 10 future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities and features modern components to improve reliability and functionality. • The proposed project will be located to the east of the existing sewer lift station and thus further away from the lagoon to protect the sensitive resources in and adjacent to the lagoon. Furthermore, the proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. • The proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle-style wood bridge(s), including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the site. • The lagoon channel bridge is being constructed to accommodate the future Coastal Rail Trail through this area, which will enhance recreational activities where none exist through this area. Overall, the proposed project does comply with the applicable goals and requirements of the SCCRP, including the finding of extraordinary public purpose. E. Local Coastal Program Review of Required Coastal Findings The project affects two parts of the City's Coastal Zone: the Mello II segment and the Agua Hedionda Land Use Plan segment. The latter segment encompasses the Encina Power Station, the lagoon, and property around the lagoon. Pipeline from the northern end of the project to Cannon Road, including the sewer lift station, are located in the Agua Hedionda Land Use Plan segment. Pipelines proposed south of Cannon Road are in the Mello II segment. Municipal Code Chapter 21.203, Coastal Resource Protection Overlay Zone, is also applicable to the project since the Overlay applies to all Coastal Zone properties. While the City has authority to issue the necessary CDP for pipelines in the Mello II segment, the California Coastal Commission (CCC) has retained the authority to issue the CDP north of Cannon Road, which includes the pipe support bridge and the SLS in the Agua Hedionda Land Use Plan segment. Staffs analysis of the project's compliance with the Local Coastal Program (LCP) includes review of this segment. Staff finds the proposed project is consistent with applicable Local Coastal Program policies as follows: • Coastal Act Compliance: o The project is located within the California Coastal Zone, specifically within the Agua Hedionda and the Mello II segments of the adopted LCP. The portion of the project PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 11 north of Cannon Road is in the Agua Hedionda segment, and south of Cannon Road is in the Mello II segment. While the Agua Hedionda Land Use Plan has been adopted by the City of Carlsbad, no Implementation Plan has been certified by the CCC to date, and thus the CCC retains coastal permit authority for improvements within this segment. The Agua Hedionda land uses are generally consistent with the Carlsbad General Plan land uses for the project alignment within the Agua Hedionda LCP segment, which allows the proposed underground infrastructure project within the public right-of-way on Avenida Encinas, south of Cannon Road. The proposed project is consistent with this policy. • Agua Hedionda Land Use Plan Segment: o Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts to marine resources as the proposed bridge structure will completely span the entire channel width. Furthermore, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. Once removed, the in-channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, there is a potentially beneficial impact to marine resources. o Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact the biological production and the quality of Agua Hedionda Lagoon. In fact, the project will have a positive impact to biological resources particularly when compared to the existing facilities it will enhance and replace. Specifically, the project replaces outdated infrastructure and increases the redundancy, capacity, and reliability of the sewer system. Additionally, the proposed SLS will be located further from the lagoon when compared to its existing location and will incorporate measures to treat stormwater and site runoff during and after construction. Finally, the proposed sewer support bridge spans the lagoon and features no in-water supports, unlike the current bridge it will demolish and replace. o Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas (ESHA). ESHA is defined in the Coastal Act Section 30107.5 as, "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The project complies because the project avoids impacts with sensitive habitats, with the exception of a small disturbed area of Diegan coastal sage scrub (DCSS) habitat. However the PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 12 DCSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered an environmentally sensitive habitat area, or ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.05 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, though the proposed sewer support bridge over the Agua Hedionda channel crosses identified hardline open space, it will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat, o Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because it will be sited and designed to prevent impacts which would significantly degrade Agua Hedionda Lagoon. o Agua Hedionda LCP Policy 1.9. This policy limits building heights to 35 feet. The SLS, the only project building, is partially buried to minimize its presence and has a maximum height of 25.5 feet. o Agua Hedionda LCP Policy 6.7. The project complies with this policy, which encourages the maintenance and expansion of lagoon recreational uses, by facilitating extension of the Coastal Rail Trail via the proposed sewer support bridge over the lagoon. • Mello II Segment: o Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. o Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the Standard Urban Stormwater Mitigation Plan (SUSMP). In addition, the city will include requirements in the CDP approval to allow inspection and maintenance of the BMPs, and the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill). BMPs are also proposed to treat site runoff following construction of the SLS. o Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. o Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 13 sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. o Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project complies as sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. • Coastal Resource Protection Overlay Zone: o The project complies with Municipal Code Section 21.203.040 A. regarding preservation of steep slopes with native vegetation as it does not impact any such features. The SLS will be constructed into an existing hillside without native vegetation and the pipelines are proposed in roadways or already disturbed areas. o The project complies with Municipal Code Section 21.203.040 B. regarding drainage and erosion as the MMRP includes mitigation measures to address drainage, erosion control, sediment control and storm water quality, as set forth in the NPDES permit and other required standards and permits. o The project complies with Municipal Code Section 21.203.040 D. regarding development in liquefaction-prone areas as the MMRP includes a mitigation measure to address potential settlement due to seismically-induced liquefaction or later spread. F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code) The key purpose and intent of the Hillside Development Ordinance is to assure hillside conditions are properly identified and incorporated into the planning process, and to preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes of the land, minimizing the amount of project grading, especially in highly visible public places. The project is subject to this ordinance due to its proposed grading and construction of the SLS on the north- and west-facing slopes of Agua Hedionda Lagoon and installation of a new gravity sewer line and other infrastructure on both sides of an existing man-made slope just north of the lagoon, The reminder of the project is on flat or gently sloping topography and is not subject to the ordinance. The applicant has submitted the required slope analysis and profiles that identify the slope conditions. The project area in which the SLS is proposed consists of an existing manufactured slope with slope gradients over forty percent, and slope heights that exceed fifteen feet. The project does include grading of a portion of the slope with an inclination of greater than 40 percent; however, per Section 21.53.230 this only applies to natural slopes and not manufactured slopes. The hillside where the SLS will be constructed was manufactured, which is defined as a man-made slope consisting wholly or partially of either cut or fill material. As shown on Figure 2 of the Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3, 2009, the PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 14 lower pad area of the lift station site and adjacent 2:1 slope are manufactured from fill material that was likely dredged from the lagoon. In addition, the proposed alterations of this slope to accommodate the SLS have grading quantities that exceed 10,000 cubic yards per acre. However, per Section 21.95.140 D - Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the Hillside Development Ordinance's volume of grading as long as the proposed grading can be justified. As explained below, staff finds the proposed grading volumes acceptable as well as overall compliance of the project with hillside standards. In order to maintain the integrity of the existing hillside, the grading quantities proposed are necessary to enable the SLS structures to be constructed mostly below the surrounding finish grade level, which preserves the existing contours and elevation of the hillside. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily visible. The low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance and blend in with the surrounding vegetation. The project complies with the Hillside Development Ordinance as shown in Table C below: TABLE C: HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE STANDARD PROPOSED PLAN COMPLIANCE Grading volumes > 10,000 cu yds/acre allowed if the project qualifies as an exclusion or modification per Section 21.95.130 and 21.95.140. Soil at the SLS will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the SLS location. Yes PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 15 : TABLE C: HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE CONTINUED STANDARD PROPOSED PLAN COMPLIANCE As mentioned above, per Section 21.95.140 D - Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the volume of grading requirements as long as the proposed grading is justifiable. Grading quantities are acceptable as they are proposed to allow the structures to fit into the hillside without changing the existing contours or reducing the elevation of the hillside. Further, the three sewer lift station structures will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls visible up to 25.5 feet above grade. Contour grading: Required for manufactured slopes greater than 200 feet in length and visible from a circulation roadway, collector street or usable public open space. The grading of the manufactured slope for the SLS will maintain the integrity of the existing slopes where possible. The backfilling of soil around the SLS will match the existing contours of the slope. Furthermore, the area to be graded for the SLS and the fill grading for the piping to the north of the Agua Hedionda Lagoon will be planted with drought tolerant native plants and/or hydro-seeded with native seeds to give the slopes a more aesthetically pleasing and naturally appearing look. Yes Screening of slopes.The structures would be low profile and have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades with stained earth tone colors that would look similar to existing conditions, and over time, the proposed drought resistant landscaping would mature and further soften the visual appearance of the structures. Yes Landscape manufactured slopes consistent with City's Landscape manual. A landscape plan has been provided and includes drought resistant native vegetation that will help screen and soften the structures. Yes PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 PdRC 17 acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the demolished, filled-in existing lift station overflow basin, but could occur in a different location in the area. Through design and mitigation, the project avoids and minimizes impacts to habitat. With mitigation measures included in the project's MMRP, all identified impacts can be shown to be consistent with the HMP and reduced to a level of insignificance. Furthermore, the project is consistent with Municipal Code Chapter 21.210, Habitat Preservation and Management Requirements, and is conditioned consistent with the management, maintenance, and monitoring standards of Section 21.210.14. I. Growth Management The project alignment is located within Zones 1, 3 and 22 Local Facilities Management Plans (LFMP) areas. The pipe support bridge and piping to the north of the bridge are located in Zone 1. The SLS and piping to the south to Palomar Airport Road are located within Zone 3, and all piping south of Palomar Airport Road is within Zone 22. The zones identified above implement the Citywide Facilities and Improvements Plan and LFMPs for various geographic areas of Carlsbad. The LFMPs were adopted to ensure that growth occurred in concert with public facilities and service systems. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not include residential uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand that might result from commercial or other non-residential land uses. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. Replacement of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build-out demand of the service area. V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment determined the project has potentially significant impacts in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, land use, transportation/circulation, and mandatory findings of significance. To reduce these potentially PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 18 significant impacts to a less than significant level, mitigation measures contained in the project's MMRP, are required. Based on the above, the City Planner issued a Notice of Intent to adopt a MND for the project on August 13, 2010 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review (August 17, 2010 - September 16, 2010). One comment letter was received during the 30-day public review from Preserve Calavera. The comment letter, and staffs response to the letter, are included as part of the Planning Commission Resolution for the MND. The project was modified slightly after the public comment period to increase the proposed 4- inch potable water line to 6-inch per the City of Carlsbad Fire Department's requirements to have enough water pressure available to operate a proposed fire hydrant on the EPS site. The increase in the potable water line will allow for an additional 1,000 gallons per minute (GPM) of water flow to be delivered to the site in the event of a fire. The minor increase in pipe size and water flow does not require recirculation of the Mitigated Negative Declaration in accordance with CEQA Section 15073.5(c)(2), since the increase in the potable water line and water flow is only to accommodate a fire hydrant, and therefore does not constitute a significant project modification nor create a new avoidable significant effect. A memo stating the change to the EIA Part II is included as part of the Planning Commission Resolution for the MND. ATTACHMENTS: 1. Planning Commission Resolution No. 6753 (MND) 2. Planning Commission Resolution No. 6754 (PDP) 3. Planning Commission Resolution No. 6755 (SP) 4. Planning Commission Resolution No. 6756 (RP) 5. Planning Commission Resolution No. 6757 (CDP) 6. Planning Commission Resolution No. 6758 (HDP) 7. Planning Commission Resolution No. 6759 (SUP) 8. Planning Commission Resolution No. 6760 (HMP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Detailed Construction Phasing Description 13. Detailed Analysis of Project's Compliance with Applicable Development Standards 14. 8.5" x 11" Reduced Exhibits 15. 11" x 17" Reduced Exhibits "A" - "Y" dated February 2, 2011 ATTACHMENT 12 Page 1 Construction Details for Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project The project can be described in segments beginning from the upstream (north) end as indicated below. Project Description North Segment - North End to SLS Pipelines At the north end of the project, the existing approximate 1,400 ft. length of 42-inch gravity sewer pipe will be removed and replaced with a new 54-inch gravity sewer pipe, placed in effectively the same location as the removed line along much of this segment. This new pipe will connect to the existing VC-11 line coming from the north to collect sewage from the existing sewer trunk pipe at a point approximately 500-feet south of Chinquapin Avenue immediately east of the San Diego Northern Railroad (SDNR) tracks, within the railroad ROW. The line will then travel south from this northerly connecting point, within an existing berm that will be re-graded to widen and raise the berm height with fill soil an additional 3-feet in elevation. This additional grade is needed to provide sufficient soil clearance over the new (larger) pipe. This berm parallels the railroad tracks on their east side. As proposed, the sewer main will then travel southerly through the berm (adjacent to the existing YMCA facility), and cross over Agua Hedionda Lagoon on a new bridge to be constructed of weathering steel material and connect to the new SLS located on the northern end of the EPS site. The 12-inch recycled water line, and a 6-inch potable water line (which will replace an existing 3- inch line), will both be installed parallel to the sewer line along this route and also will attach to the new bridge. Proposed Support Bridges The proposed sewer line support bridge across the lagoon channel connecting the outer and middle basins of Agua Hedionda Lagoon will be held up by concrete bridge abutments, including associated retaining walls, on each side of the channel. With a horizontal clear span of 140-feet, and a clear height of approximately 17-feet above channel water level, the bridge will span the entire width of the channel. The bridge features a weathering steel material similar in material and appearance to the several golf cart bridges at The Crossings golf course. The 54-inch gravity sewer line will be semi- enclosed and partially visible within the horizontal housing of the bridge structure. However, the project has been conditioned to screen the pipe, either by painting the pipe to match the weathered steel color of the bridge or some type of screening wall within the bridge. The bridge will be constructed of sufficient size and strength to also accommodate the 12-inch recycled water line, the 6-inch potable water line, a maintenance vehicle crossing road, a 12-inch high-pressure gas line and the future Coastal Rail Trail. The maintenance vehicle road, which will also serve as the future trail, will feature 42-inch hand safety railing. The bridge abutments will have heights up to 23.5 feet to support the bridge on each side of the channel. These abutments will result in up to 2,400 square feet (each side) of visible concrete wall. Construction of the northerly bridge abutment will require relocation of 160 linear feet of the existing 12-inch natural gas line north of the bridge to connect back with the existing line south of the southerly abutment. The abutment walls will be stained earthtone colors to match the proposed SLS and include textured geometric patterns with anti-graffiti coating. Natural plantings will also be established in front of the walls in order to achieve a general visual blending with the surrounding natural landscape. However, the bridge will still be visible to motorists travelling southbound on 1-5, ( ( ATTACHMENTS Page 2 from an approximate 1,600 foot distance, and from train passengers from a horizontal distance of approximately 90 linear feet away. As an option, SDG&E may relocate the gas line from its existing aged trestle bridge onto the new sewer line bridge. Approximately 20 linear feet of this gas line will also be relocated from its existing alignment and lowered 5-feet to cross under the proposed temporary 42-inch by-pass pipeline on the southern side of the lagoon. If it is decided to relocate the gas line alignment across the lagoon channel, the existing segment suspended directly above the channel water surface is expected to be demolished and removed once the gas line is realigned to suspend within the new bridge structure. Once the new sewer line is operational, the existing, aged bridge carrying the existing 42-inch sewer main across the lagoon channel will be removed from the site. Optionally, the high pressure natural gas transmission line support bridge will also be removed if the line is relocated to the sewer bridge. Demolition of Existing Support Bridge (s) The project also involves the removal of the existing trestle bridge structure which supports the existing 42-inch sewer pipe in the same approximate area of the channel. This bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set into concrete situated as deep as approximately 20-feet below the mud line on the bottom of the lagoon. Also, the four wood piles (telephone pole-type supports, two on land and two in the channel) cross- supporting the existing 12-inch high pressure gas transmission line may be removed from the channel if the gas line is relocated to the new bridge structure. Once removed, the piling holes will partially collapse and then fill with sand and sediment from the tidal action through the channel. SLS The new, replacement SLS will be located on an approximate 2.3 acre area on the north end of the EPS site, on property owned by the NRG Corporation. The SLS will replace the existing station in the approximate same area, which was constructed in 1964 and rehabilitated in 1989, and is nearing the end of its useful life. This existing lift station and its concrete overflow basin will be demolished and removed. The overflow basin will subsequently be filled with soil and vegetated with native or otherwise drought-tolerant vegetation. The new SLS will involve a series of three structures (two of which will be primarily underground). These structures will be constructed mostly underground in an area approximately 80 to 100-feet southeast of the existing station. These three structures are the main lift station, a smaller grinder facility, and a still smaller bio-filter (90% underground) structure. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily visible at heights up to 25.5 feet. The lift station structure will be stained earth-tone colors, with wall texturing for shadowing, and will include anti-graffiti coating. Landscaping will also enhance the SLS and soften its appearance. The landscape palette includes trees, shrubs, and ground covering. The SLS will be designed with two major sections; the "lift side", which serves to raise the incoming sewage vertically from an approximate incoming elevation of 18 feet msl up to 42-feet msl, and the "force main side", which will push the sewage horizontally down (southward) the proposed force main to connect to a new gravity line at a location south of Cannon Road in Avenida Encinas. The lift station is designed to convey the anticipated build-out demand of the line of 33 mgd (PWWF) of wastewater per day. The SLS structure will include the sewage pumps, a generator room, an electrical room, a bio-filter odor control system, a meter vault, a grinder facility, and accessory appurtenances. Noise abatement measures, including extensive insulation and sound enclosures will be provided. Multiple redundant features in facility design (sewage conveyance, power sources, etc.) f- i ATTACHMENTS Page3 intended to avoid the risk of accidental sewage spill are included in the design. These redundant features include a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side which can independently pump dry weather flows, and back-up power redundancy including an on-site power generator. A black vinyl coated chain-link fencing and technological .and mechanized security, including security alarms, will surround the entire SLS facility site. Upon completion of the new SLS and pipelines, the old lift station will be demolished and removed. Middle Segment - Between SLS and Cannon Road The routine low and average volume sewage effluent flows exiting the lift station will flow down a 300-foot length of new 42-inch gravity connector line which will connect from the new lift station to a new junction with the existing southbound 42-inch gravity line. This existing 42-inch gravity line along this segment has been determined to be in satisfactory condition, and the routine (low and average volume) sewage flow will then utilize this existing 42-inch gravity line southward all the way to the EWPCF. As a result of this new lift station connection re-routing; an approximate 200- foot long segment of the existing 42-inch sewer line (situated between the existing lift station and the new junction location) will be abandoned in place. For higher sewage flows, however, a new 30-inch force main pipe will be installed parallel to the existing 42-inch connecting gravity pipe, from the lift station southerly approximately 3,960 feet to a point approximately 300-feet south of Cannon Road in Avenida Encinas. As indicated, it is intended that the existing 42-inch gravity line will carry the low and average-volume sewage flows, and the 30-inch force main line will be used for high flow periods only. This 30-inch sewer force main line will travel parallel to the existing 42-inch gravity line, from the SLS south along an existing dirt access road within the Encina Power Plant property, across mostly vacant land owned by SDG&E, and into the north extension of the Avenida Encinas roadway stub street that serves the West Resort. The force main will then travel down the approximate middle of this stub street to cross Cannon Road within Avenida Encinas. The 30-inch force main will be installed via tfenchless construction tunneling techniques either by horizontal directional drilling (HDD) or micro-tunneling, and the 12- inch recycled water line will be installed via standard open trench construction. The HDD method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro-magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud" (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. South Segment - Cannon Road to EWPCF The proposed sewer force main and 12-inch recycled water line will cross Cannon Road at its intersection with Avenida Encinas. Across (south of) Cannon Road, the force main will end and connect to a new 54-inch gravity sewer, which will travel south within the roadway center median of Avenida Encinas to the intersection with Palomar Airport Road. South of the Palomar Airport Road/Avenida Encinas intersection, the pipeline will travel down the southern extension of Avenida Encinas to a point where it will connect directly to sewer pipes extending into the existing EWPCF. • (- ATTACHMENTS Page 4 With the exception of the weathering steel bridge structure and pipelines it supports over the Agua Hedionda Lagoon channel, the lift station structures, and sewer manhole covers, the project will be wholly underground. The project will occur along relatively level terrain, with ground surface elevation varying only between elevation 35-feet mean sea level (MSL) at the north end of the project and 30-feet MSL at the EWPCF. The SLS is proposed on an isolated area of sloping topography, with a proposed finish floor elevation of 32-feet MSL. Operational Details Odor Control The project will employ odor controls similar to those installed in similar with modern facilities within Carlsbad; however, the existing lift station does not have odor control. Odor control treatment at the SLS will include bio-filtration air scrubbers. These features remove odors and volatile organic compounds from the sewage transport process. Sewer line manhole covers will be "sealed" as needed to not allow escape of gaseous vapors. Odor control performance will be constantly monitored and maintained by EWA and the City of Carlsbad sewer maintenance crews. Noise Control Presently, the primary noise source in the vicinity of the proposed project alignment is noise generated by vehicular traffic on 1-5, Avenida Encinas, Cannon Road, Palomar Airport Road and Carlsbad Boulevard, trains on the BNSF railroad tracks, and Encina Power Plan equipment. The land uses around the lift station are industrial (power generating plant) in nature, which is considered in the Noise Guidelines Manual as a "General Industrial, Manufacturing or Utilities" land use. Noise exposure levels for this use are higher than those allowed for residential uses, up to 80 dBA CNEL as being "conditionally acceptable". Furthermore, the lift station will include noise abatement features to address the noise that will emit from the supply and exhaust fans, air conditioning unit, and emergency generator(s). Noise abatement measures for this equipment will include sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. The below-grade design of the lift station will also serve to reduce noise impacts. As a result of these factors, the operational noise levels generated by the project are anticipated to comply with City of Carlsbad Draft Noise Guidelines Manual land use noise levels, the City permitted construction noise levels and hours, and County of San Diego Noise Policy standards. Water Quality Control With regard to water quality protections, the sewer pipelines will be placed underground in a non- porous pipe, and as a result no substantive post-development (permanent) Best Management Practices (BMPs) for the pipeline are necessary. The SLS however, is designed with site design BMPs consisting of source control and treatment control features in order to protect any adjacent downstream waters, such as Agua Hedionda Lagoon, from potential pollution. Specifically, the SLS site design BMPs will involve a multiple-treatment program, including four different main treatment systems, as follows: 1. Vegetated or river rock swale. A vegetated or river rock swale will be located to accept site drainage along the southeast side of the project. This swale will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and further filtration into the underlying soils. ••• ATTACHMENT 12 PageS 2. Pervious surfaces. Pervious gravel or earthen cover will be utilized over a portion of the lift station site. These surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. 3. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to use the natural filtering ability of the soil to remove pollutants from site stormwater runoff. SLS Equipment Redundancy. The SLS is designed to handle full anticipated build-out demand (33 mgd PWWF) of the service area. The SLS design also incorporates extensive equipment redundancy for ensuring that equipment failures do not result in sewage spills. The redundancy concept involves a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd providing 50% redundancy at PWWF conditions (33-mgd) and over 100% redundancy at PDWF (21 mgd). The force main side and lift side can independently pump PDWF (21 mgd). In the event that a total mechanical failure occurs on either side, the station will remain operable without consequences under PDWF conditions, and contains power redundancy and significant upstream storage capacity (both described below) under catastrophic circumstances were they to occur under peak wet weather conditions. SLS Electrical Redundancy. The station is also equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional blackout, emergency power will be provided by a built-in onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all SLS facilities. The generator has the capacity to store enough fuel for 24 hours of operation. Under such circumstances, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plans to reduce flow into the SLS (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Hazardous Materials. Outdoor material storage areas, including the future chemical storage area at the SLS will be designed to reduce pollution introduction. Hazardous materials with the potential to contaminate urban runoff will be; 1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with rain, runoff or spillage to the storm water conveyance system; and 2) protected by a surrounding series of secondary containment structures such as berms, dikes, or curbs. The storage area will be paved and sufficiently impervious to contain leaks and spills, and will also be designed with a roof or awning to minimize direct precipitation onto and within the secondary containment area. Construction Description As mentioned previously, the project will be constructed in three phases. The schedule for construction of these phases could be separate, could overlap, or could be constructed simultaneously. Re-routing of the 12-inch high pressure natural gas transmission line, installation of the 12-inch recycled water line, and replacement of the 3-inch potable water line with a 6-inch water line is anticipated to occur with each adjacent segment of sewer construction; however, as noted / ATTACHMENT 12i i Page 6 earlier, it is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line due to funding limitations. The construction/installation of the pipeline portions of the project will be accomplished through both conventional open-trench method, and through trenchless construction tunneling techniques (i.e.; horizontal directional drilling and micro-tunneling). Trenchless construction/tunneling of the sewer lines will be used in areas where a high number of existing underground utilities must be avoided, or where open trenching would result in traffic disruption in high traffic areas, such as through the Cannon Road and Palomar Airport Road intersections with Avenida Encinas. Construction will occur in three phases, with the middle portion of the project at the EPS facility being last. Phase 1 includes improvements from a point approximately 300-feet south of Cannon Road to the southern limit of the project at the EWPCF. Phase 2 encompasses construction from the north end of the project near Chinquapin Avenue to the southern abutment of the proposed sewer line support bridge over Agua Hedionda Lagoon, located just north of the SLS. The third phase of construction would extend from the south end of the support bridge to the north end of the Phase 1 improvements just south of Cannon Road. Construction Phasing Phase 1. Phase 1 involves installation of the gravity sewer main from a point approximately 300-feet south of Cannon Road to the southern limit of the project at the EWPCF. At the upstream end of Phase 1, the sewer line will be installed via standard open trenching construction method. The trenching will be accomplished within the existing Avenida Encinas hardscape median southerly to a point approximately 1,500 feet northerly of Palomar Airport Road. At this point, microtunneling trenchless construction will be used to burrow the sewer line under and beyond the Palomar Airport Road intersection, to a point where it will exit approximately 650 feet south of the intersection. Microtunneling construction necessitates the temporary placement of jacking and receiving pits (approximately 20-feet wide by 40-feet long and 12-feet wide by 20-feet long, respectively) at the beginning and end of each tunneling segment length. The remaining length (approximately 1,500 feet) of the alignment south of Palomar Airport Road to the EWPCF will be installed through open trench construction within the Avenida Encinas roadway pavement area. All of the recycled water line installation will be via open trench method. Phase 2. Phase 2 begins at the northern end of the project. Temporary chain link fencing will be placed around the perimeter of the work area. The sewer line alignment between the northerly connection and the channel bridge location will be graded. This grading will necessitate the import of approximately 7,000 cubic yards of fill soil so that the existing berm can be widened and heightened (by approximately 3-feet) to accommodate the soil cover necessary for the larger (54- inch) proposed underlain pipe. A temporary above-grade by-pass pumping system which will run along the western edge of the work zone will be utilized during the construction period to convey sewage while the existing, aged 42-inch sewer pipe is removed. This temporary by-pass system will involve an 18-inch temporary bypass pipe with multiple pumps, situated at the north end of the project, routing to the existing lift station. Southward, the new 54-inch sewer pipe, 12-inch recycled water line and 6-inch potable water line will then be laid across the Agua Hedionda channel via the proposed pipe support bridge. This will involve the setting of a weathered steel bridge with concrete vertical abutment supports on both the north and south sides of the channel. The bridge will completely span the entire channel width so that no work is needed within the 100-year flood elevation. Bridge construction will involve approximately 800 cubic yards of excavated cut soil for the bridge abutments and footings. The ATTACHMENTS 1 ' Page? existing 12-inch high-pressure natural gas transmission line will be relocated to avoid the northerly bridge abutment in this area. Overhead electrical distribution facilities will be relocated as needed to provide continued service to existing customers, and minimize construction activity interference. The bridge abutments will be constructed of concrete, and are designed with supporting retaining walls up to 23.5 feet in height. Phase 3. Phase 3 improvements include the sewer line from the southern end of the bridge to the SLS, construction of the SLS and appurtenances, installation of a new 300-foot long connector sewer line segment between the new SLS and the existing 42-inch gravity line traveling south from the existing lift station, and installation of the force main between the new lift station and the north end of the Phase 1 improvements. The bulk of the improvements on the south side of the Agua Hedionda Lagoon channel will be installed through the excavation and construction of the SLS structure, and related piping, ducting, conduits and appurtenances. The majority of the construction work will take place on and around the SLS site. Temporary fencing will be placed around the perimeter of the SLS work area. Soil excavation at the SLS will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the SLS location. From the south end of the SLS to a point south of Cannon Road (approximate 3,960 linear feet), the sewer line will be installed via a HDD method. This method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro- magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud" (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. Other Construction Details Traffic Control. Work within the public streets will involve temporary control of traffic through the work activity zone, as normal traffic flow and patterns will be disrupted, primarily within Avenida Encinas. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Avenida Encinas is a four lane secondary arterial north of Palomar Airport Road and at least one lane each direction will be kept open to traffic at all times. South of Palomar Airport Road, Avenida Encinas becomes only two lanes (one each direction) and thus short segments of the roadway could be closed for short periods to all except local traffic. Along the sewer line construction lengths to be constructed through trenchless (tunneling) methods, minimal or no impact to driveways or business operations will occur. Open trenching across the Cannon Road and Palomar Airport Road intersections for the 12-inch recycled water line will take place in one-lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. This recycled water line installation may occur during nighttime hours to minimize disruption to traffic flow and local businesses. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. ( /- ATTACHMENT 12 Page 8 Equipment Staging Areas. Machinery necessary to accomplish the trenching and pipe laying work will be stored on existing adjacent pads and within closed lanes of the street. Specifically, the major staging areas for pipes, machinery, materials and tools will be on; (a) the cleared area near the railroad tracks at the north end of the project; (b) on the graded pad at the YMCA site, (c) immediately east of the proposed SLS site, and (d) the triangular shaped parcel owned by the City of Carlsbad at the southwest corner of Avenida Encinas and Palomar Airport Road and east of the railroad tracks. Backhoe and similar rubber-tire machinery will be primarily utilized for open trenching, with the spoils temporarily laid directly adjacent to the trench. No machinery staging areas will be located within sensitive biological habitat areas. Grading. During the construction period, a total of approximately 77,471 cubic yards of soil and gravel will be graded or trenched. Approximately 39,056 cubic yards of this excavated soil will be used to back-fill necessary portions of the project. The remaining 38,579 cubic yards of this soil will be exported to an acceptable offsite location. Where necessary, some high quality bedding soil (7,069 cubic yards) and gravel (7,767 cubic yards) will be imported to the site to be placed above and below the pipeline (within the trench) to protect the proposed sewer line. Bedding material will be consolidated and compacted under and around the new sewer pipe and fill material will be evenly spread and moistened or aerated, as required. Backfill material will be deposited in uniform horizontal layers, and compressed to produce a specified relative compaction. Construction Erosion Control. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will comply with the requirements of the State Construction General Permit, Order No. 2009-0009-DWQ. ATTACHMENT 13 Page 1 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS Standard Permitted Uses Conditional Uses Minimum Lot Area Existing Code Standard: • 7,500 square feet Lot Coverage Existing Code Standard: • All buildings and structures shall cover no more than 50% of the area of the lot. Parking, Loading, and Refuse Collection Areas Existing Code Standard: • No parking or loading areas in a front, side or rear yard adjoining a street; or within 10' of an interior side or rear property line. PDF standards: • Parking, loading, and refuse areas should be visually screened from public view by existing fencing and landscaping; • Parking, loading, and refuse areas should be placed at building rear and sides; • Outdoor refuse and loading areas visible from public areas should be visually screened, as necessary, to a height up to 1 0- foot high. Source of Requirement Municipal Code Section 21.36.020; South Carlsbad Coastal Redevelopment Plan (SCCRP) Section 601; PDF Section IV, which references Code and SCCRP and also requires PDF consistency. Municipal Code Section 21.36 - 21.36.1 10; PDF Section IV, which references Code and requires PDF consistency. Municipal Code Section 21.36 - 21.36.060; PDF Section IV (PDF incorporates Code standard). Municipal Code Section 21.36 - 21.36.070; Proposed PDF Section IV (PDF incorporates this standard). Municipal Code Section 21.36 - 2 1.36.080; PDF Section IV. Compliance? Yes N/A (no CUP uses proposed) Yes Yes Yes Comments • Wastewater treatment facilities are a permitted use per Municipal Code Section 2 1.36. 020. • SCCRP Section 601 states the land uses permitted by the SCCRP shall be those permitted by the General Plan and zoning ordinance; therefore, the proposed SLS is permitted in the Redevelopment Area only if: • Redevelopment Permit approved • Precise Development Plan approved • Finding of "Extraordinary Public Purpose" made. • Existing CUP uses within PDF, including cellular facilities and aquaculture farm, are presumed to have valid CUPs. • Uses are subject to Municipal Code and PDF standards per Section IV. • The proposed SLS sits on an approximate 2.3 acre area within Planning Area 2. • Lot coverage of entire 95-acre PDF area, with proposed SLS, is approximately 16%; • The SLS buildings and hardscaping cover approximately 13.5% of the 2.3 acre lift station easement area. • There are no yard standards established in the Code. • The SLS site is not adjacent to any street or within 10' of an interior property line. • Proposed SLS will not generate any traffic, other than a daily visit for observation monitoring by a wastewater technician and infrequent maintenance operations. • No refuse collection or loading areas are proposed for the SLS site. ATTACHMENT 13 Page 2 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Landscaping Existing Code Standard: • Except for approved ways of ingress and egress and parking and loading areas, all required yards shall be irrigated and permanently landscaped with at least one or a combination of more than one of the following: Lawn, shrubs, trees, and flowers; • No walls or fences over four feet in height may be constructed in any area where landscaping is required. PDF standards: • Landscaping shall comply with existing standards; • Where visible to the public, plant sizes shall meet minimums specified in City landscape manual; • Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad corridor shall be consistent with scenic corridor guidelines to enhance the area's visual character; • Parking visible from Carlsbad Boulevard shall be screened; • Removed, dying, or diseased perimeter trees and shrubs shall be replaced with equivalent material. Municipal Code Section 21.36 21.36.090; PDF Section IV. Yes • There are no yard standards established in the Code; instead the PDF establishes setbacks, but only along portions of the EPS perimeter. See discussion under "Setbacks" below. • Perimeter landscaping is well established along the lagoon and Interstate 5. • A landscape plan for the proposed SLS is included in the plan set and will include 15 gallon and 24 inch box trees, shrubs and ground cover. • There are no proposed specific parking areas. One maintenance vehicle per day is expected at the facility and will not be readily visible from 1-5 or Carlsbad Boulevard. • Landscaping along the NCTD corridor is acceptable. • As detailed below, the SLS exceeds setback requirements of the POP. Grading Existing Code Standard: • None, except City may impose special grading instructions per Code section cited. POP standards: • Grading in visible areas should utilize natural contour grading to preserve and enhance the natural appearance; • Grading shall comply with all City and Coastal Commission Requirements. Municipal Code Section 21.36 - 21.36.050 (6); PDF Section IV. Yes • The SLS facility is primarily underground. In order to accommodate the SLS, the lift station site will be excavated to approximately 20 feet below existing grade, with two of the walls (north and east) of the main structure backfilled to submerse the structure below grade to the degree feasible. As a result, the SLS structure will be constructed mostly below the surrounding finish ground level; thereby, preserving the natural contours of the hillside and enhance the natural appearance. • Proposed grading is conditioned to comply with all requirements. ATTACHMENT 13 Page 3 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Architecture and Building Materials Existing Code Standard: • None, except City may impose special requirements per Code section cited. Existing Encina Specific Plan Standard: • All buildings shall be subject to architectural review to assure a maximum amount of design compatibility with the neighborhood and existing facilities. • POP standards: Form and design of any new buildings to be largely determined by visibility from locations surrounding the Power Plant and applicable government requirements; • Building materials and finish should also reflect neighborhood compatibility; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project. Municipal Code Section 21.36 - 21.36.050; Encina Specific Plan 144; POP Section IV. Yes As stated above, the SLS structure will be constructed mostly below the surrounding finish ground level. The structures will have a flat roof. As such, the building is a series of square and rectangular shapes architecturally articulated to vary building elevations and facade from the view of the rail passengers travelling through the city. The exterior of the structure will include a textured geometric pattern and be stained earthtone colors in order to blend in with the natural surroundings. ATTACHMENT 13 Page 4 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Setbacks Existing Code Standard: • None, except City may impose setbacks, yards, and open space per Code section cited. Proposed PDF standards: • Minimum 50-foot setback from Carlsbad Boulevard right of way; • Minimum 50-foot setback from property line along Agua Hedionda Lagoon shoreline; if blufftop is greater than 50-feet from property line, the top of the bluff shall mark the minimum lagoon setback; • Minimum 25-foot setback from Interstate 5 right of way; • No setbacks established from the south Power Station boundaries or from interior property lines; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project; • Setback requirements do not apply to potential Coastal Rail Trail alignments, desalination facility pipeline alignments, detention basins, piping, and underground structures unless determined necessary for public health, safety, and welfare purposes by the Planning Director. Municipal Code Section 21.36 - 21.36.050 (1); POP Section IV. Yes • The PDF establishes minimum yard or setback requirements of 50-feet from property lines along Carlsbad Boulevard and Agua Hedionda Lagoon shoreline and 25-feet from Interstate 5. These proposed setbacks establish yards along the north, east, and west PDF boundaries. There is no setback established along the south property line (common with the SDG&E Operations Center) or along the railroad corridor. • The SLS complies with setback requirements; the SLS site at its closest points are approximately 140 feet from Agua Hedionda Lagoon shoreline, about 1,400 feet from Carlsbad Boulevard, about 500 feet from Interstate 5, and over 3,300 feet from Cannon Road. • Proposed piping and underground structures are not subject to setbacks. Parking Existing Code Standard: • None, except City may impose parking requirements per Code section cited. PDF standards: • Because of unique uses at Power Station, parking needs may require case-by-case analysis based on number of employees, hours of operation, etc; • When applicable, Zoning Ordinance parking standards shall be followed. Municipal Code Section 21.36 - 21.36.050 (11); PDF Section IV. Yes • Parking provided for the SLS is more than adequate to accommodate one maintenance vehicle per day and does not affect parking provided for the power plant. ATTACHMENT 13 PageS COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Building Height Existing Code Standard: • None, except City may impose height requirements per Code section cited. Existing Encina Specific Plan Standard: • 35-feet. Existing Agua Hedionda Land Use Plan Standard: • 35-feet. POP standard: • None. • Note: No standard includes a maximum number of building stories. Municipal Code Section 21.36 - 21.36.050 (2); Encina Specific Plan 144; Agua Hedionda Lane Use Plan. Yes • Agua Hedionda Land Use Plan height standard adopted in 1982, after completion of the Power Plant generating building and 400-foot tall emissions stack. • Specific Plan 144 states: The heights of future power generating buildings and transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. • The tallest structure of the SLS is 25.5 feet high, excluding rooftop mechanical equipment and screen. Equipment and Storage Tank Screening Existing Code Standard: • None, except City may impose screening requirements per Code section cited. Existing Encina Specific Plan Standard: • Roof mounted equipment shall be screened; oil storage tanks shall be recessed and screened. POP standards: • None. Municipal Code Section 21.36.050; Encina Specific Plan 144. Yes The SLS is conditioned to have all mechanical equipment screened. Lighting Existing Code Standard: • None, except City may impose lighting standards per Code section cited. Existing Encina Specific Plan Standard: • Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light source; all ground lighting shall be arranged to reflect away from adjoining properties and streets. PDF standards: • None. Municipal Code Section 21.36.050; Encina Specific Plan 144. Yes Low-intensity, downward facing, security lighting will be provided on the SLS site. The proposed project will not result in a significant new source of substantial light and glare and will not affect day or nighttime views in the area. Planning Commission Minutes February 2,2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: February 2, 2011 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson L'Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, and Siekmann Absent: Commissioner Schumacher STAFF PRESENT: Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Pam Drew, Associate Planner Terry Smith, Senior Civil Engineer - Utilities APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from January 19, 2011. MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of January 19, 2011. VOTE: 4-0-3 AYES: Chairperson L'Heureux, Commissioner Dominguez, Commissioner Montgomery, and Commissioner Nygaard NOES: None ABSENT: Commissioner Schumacher ABSTAIN: Commissioner Black and Commissioner Siekmann Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes February 2, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Hillside Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe-support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Avenida Encinas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way on Avenida Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Senior Civil Engineer Terry Smith. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Commissioner Dominguez stated that while he is in within 600 foot radius of the inner lagoon, the Assistant City Attorney acknowledged he was within 600 feet of Agua Hedionda Lagoon but was not within 600 feet of the project, therefore he would be able to participate in the meeting. Ms. Drew gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked about the phases of the project, Mr. Smith stated the southern end of the project will be the first phase because it is the area of the project that does not require any outside agency permits for the work in Avenida Encinas. Having the section closest to the treatment plant and connected and ready to receive sewage will make it easier to test the pumps. Commissioner Montgomery inquired about traffic control for the project and if Staff anticipates having to close Avenida Planning Commission Minutes February 2,2011 Page 3 Encinas to traffic during any part of the project. Mr. Smith stated Staff does not anticipate having to close the portion of Avenida Encinas between Cannon Road and Palomar Airport Road during the construction of the project. During construction of the pipeline south of Palomar Airport Road, there may be periods of time that require night work or short term road closure. Commissioner Montgomery asked what hours of the day the roads could potentially be closed. Mr. Smith stated that many times with connections to sewer systems, it is beneficial to do the work at night when the flows are the lowest. There will be a need for occasional night work, but it will not be on a regular basis. Commissioner Nygaard inquired as to how Staff calculated the eventual need for the size of the pipe. Mr. Smith stated both the City of Carlsbad and City of Vista have recently updated Sewer Master Plans. Staff used the projected flows from both of those Master Plans, and Staff feels very confident that the future needs have been adequately addressed with the sizing of the pipeline. Commissioner Dominguez asked Staff to discuss the improvements for recovery in the event of a disaster similar to the one at the Buena Vista Lagoon. Mr. Smith stated that as part of the project, the existing overflow basin will be removed, and Staff felt it would be best to build a sewer lift station and pipelines that have extra reliability and redundancy. There will be two pipelines so there will be flexibility to pump into one or both of the pipelines. Mr. Smith stated the lift station itself will have two sets of four pumps each and there will also be redundant electrical feeds as well as an emergency generator that will have 24 hours worth of fuel storage that will run the pumps in the event of an emergency. There will also be an emergency response plan in place. Commissioner Dominguez asked if there will be any basic changes to the early warning system that are currently employed. Mr. Smith stated there will be state of the art electronics and monitoring equipment. The monitoring equipment uses an auto-dialer system to go through the phone lines or cell service and will connect to an on duty operator at the Encina Waste Water Authority. The City of Carlsbad Maintenance and Operations staff will also receive that alarm. Commissioner Montgomery asked what capacity and timing the city has in order to respond to an emergency. Mr. Smith stated that it clearly depends on the time of day and the weather conditions but there are several miles of excess capacity in those lines under normal flow conditions. Mr. Smith further stated it would be at least a couple of hours for response time. Chairperson L'Heureux asked how long the project will take to construct. Ms. Drew stated that the project still needs to obtain approvals from City Council and the Coastal Commission as well as the resource agency permits. It could take up to a year or longer to receive all the necessary approvals. Mr. Smith stated that the construction part of the project will be approximately 18 months long for work in Avenida Encinas. The lift station itself will take 18-24 months and the bridge will take approximately 12 months. Chairperson L'Heureux asked about the process of notifying the businesses and restaurants along Avenida Encinas. Mr. Smith stated Staff will put together a newsletter and there will be public outreach to keep the public informed about the upcoming project. Once construction begins, Staff will work closely with the neighborhoods and businesses to keep them informed. There will be a full time construction manager who will be available 24 hours a day to take phone calls if need be. Chairperson L'Heureux asked if there were any other questions of Staff. Commissioner Siekmann asked if there will be a person to contact if work being completed at night is too loud. Mr. Smith stated yes and that any night work will be minimized, and if the work is in the proximity of neighborhoods or businesses, Staff would let those areas know. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Nygaard asked if there was any way to encourage the owners of the gas line to complete their work concurrently with this project. Jane Mobaldi, Assistant City Attorney, stated that Staff has been communicating with representatives of SDG&E and Staff can certainly encourage them to do that, but as a practical matter that entity does not have any applications before the Commission or the City so there is no jurisdiction over them and no way to mandate timing. Commissioner Nygaard asked if the City had sent any letters to SDG&E requesting that the gas line be worked on concurrently. Mr. Smith stated that Planning Commission Minutes February 2, 2011 Page 4 at this point, Staff is cautiously optimistic that SDG&E will see the benefits in putting the gas line in the bridge. Staff is continuing to work with SDG&E on the scope and cost relocating the gas line. Commissioner Dominguez asked where the Coastal Sage Scrub on the site will be mitigated. Ms. Drew stated there is a mitigation parcel at Lake Calavera where credits will be purchased. DISCUSSION Commissioner Nygaard thanked staff for all the time and effort on the project. Because of the built-in redundancy, this will be a great project. She stated she is happy about the rail trail as well as the color of the fence. Commissioner Siekmann also thanked staff for putting together a forward-thinking project. She appreciates the visual aesthetics as well. She stated she is happy to see that there will be a biologist onsite. Commissioner Montgomery also stated his support of the project. Commissioner Black also stated his support for the project. He thanked staff for all of the work done on the project. Commissioner Dominguez also stated his support for the project. He stated that Staff has been sensitive in the design process of the project and is pleased with the built-in redundancy as well. Chairperson L'Heureux concurred with his fellow Commissioners and stated his support of the project. He feels this is truly a state of the art project and it is a very high quality project. MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6753 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; adopt Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 recommending approval of Precise Development Plan Amendment (POP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and adopt Planning Commission Resolutions No. 6757 and 6759 approving Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard, and Commissioner Siekmann NOES: None ABSENT: Commissioner Schumacher ABSTAIN: None Chairperson L'Heureux closed the public hearing on Item 1 and thanked Staff for their presentation. COMMISSION COMMENTS None. Planning Commission Minutes February 2, 2011 Page 5 PLANNING DIRECTOR COMMENTS Mr. Neu stated the City Council heard the El Fuerte View project at that last Council meeting. The appeal was denied, and the project was returned to the Planning Director for modifications to the project. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of February 2, 2011, was adjourned at 7:13 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND ^ 4 REDEVELOPMENT COMMISSION AGENDA BILL AB# MTG. DEPT. 20,478 3/8/11 CED AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT- POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 DEPT. DIRECTOR £7£ CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: 1. That the City Council hold a public hearing and: a. INTRODUCE Ordinance Nos. CS-121 and CS-122 APPROVING Precise Development Plan Amendment POP 00-02(C) and Specific Plan Amendment 144(L); and b. ADOPT City Council Resolution No. 2011-040 ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT City Council Resolution No. 2011-041 . APPROVING Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP 10-03. 2. That the Housing and Redevelopment Commission ADOPT Housing and Redevelopment Commission Resolution No. 496 ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Housing and Redevelopment Commission Resolution No. 497 APPROVING Redevelopment Permit RP 10-26. ITEM EXPLANATION: On February 2, 2011, the Planning Commission held a public hearing for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project. The Planning Commission voted 6-0 (Schumacher absent) to recommend and approve the project as follows: Project Applications Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Precise Development Plan POP 00-02(C) Specific Plan SP 144(L) Redevelopment Permit RP 10-26 Hillside Development Permit HDP 10-05 Habitat Management Plan Permit HMP 10- 03 Coastal Development Permit CDP 10-17 Special Use Permit (Floodplain) SUP 10-02 Planning Commission Action Recommend Adoption Recommend Approval Approve* To be reviewed - final at City Council X X X X X X X X To be reviewed- final at Housing and Redevelopment Commission X X X "Subject to the City Council and Housing and Redevelopment Commission approving the remaining actions The proposed project involves the installation of a north-south direction pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, a mostly underground, sensitively designed sewer lift station (50 mgd capacity), and a modern, attractive sewer support bridge (140-foot weathered steel span). DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew(o)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED apa D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Reference: AB 20,532 i(y/3/./// 'U ' ' .a D Page 2 Improvements also include a proposed 6-inch potable water line and a 12- inch recycled water line. The proposed sewer improvements are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional Encina Wastewater Pollution Control Facility (EWPCF). The new line will be located primarily within and along the San Diego Northern Railroad (SDNR) right-of-way and Avenida Encinas right-of-way to the west of the I-5 freeway. The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rail Trail, a separate, future project in this area. The proposed improvements are necessary as a replacement for or are in addition to the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These existing facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. FISCAL IMPACT: Funding for the project has been appropriated in the Fiscal Year 2010-2011 Capital Improvement Program from fees collected in the Sewer Connection Fund. The total appropriation to date is $39,930,000 as shown in Table 1 below and is sufficient to cover all project costs as currently estimated. Table 1 Manhole Rehabilitation Contract (Completed - Actual Costs)$344,900 Studies, Environmental Compliance and Design Activities (As of 12/31/2010)$3,325,800 Amendment No. 3 to Brown and Caldwell Agreement $491,067 City Project Management and Miscellaneous Costs (Estimated)$80,000 Subtotal of Costs (Through Design)$4,241,767 Estimated Construction Phase Costs $35,600,000 TOTAL ESTIMATED PROJECT COST $39,841,767 TOTAL APPROPRIATIONS TO DATE $39,930,000 ADDITIONAL APPROPRIATION REQUIRED $0 Sufficient funds are currently available for the completion of the project; however, certain costs related to easement acquisition and the relocation of SDGE utilities remains undefined at this time. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within an existing ownership agreement between the two cities for operation and maintenance of the Vista / Carlsbad sewer system. A project specific agreement is currently being prepared to define administrative procedures and the payment schedule for the construction phase of the project. It is anticipated that the project agreement will be complete prior to April 1st of this year. Once the project agreement is executed, Carlsbad will invoice Vista for their portion of the project expenditures to date as shown in Table 2 below. Currently, Vista has not made any payments toward the project expenditures. Once the project enters the construction phase, Vista will be invoiced monthly for their share of the construction costs. The total project cost share between the two cities is approximately 65% Vista and 35% Carlsbad; however, the actual cost share varies with each reach of the sewer. Carlsbad's share of the project is funded from the Sewer Connection Fee Fund. The City of Vista will be issuing bonds or using State Revolving Funds to pay for their portion of the project. Page 3 Table 2 .'VISTA SHARE Expenditures to Date (12/31/10)$3,670,708 $1,325,126 $2,345,582 Brown & Caldwell Amendment No. 3 $491,067 $177,275 $313,792 Total $4,161,775 $1,502,401 $2,659,374 Amount Paid by Vista to Date $0 Amount Due Carlsbad $2,659,374 ENVIRONMENTAL IMPACT: Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment determined the project has potentially significant impacts in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, land use, transportation/circulation, and mandatory findings of significance. To reduce these potentially significant impacts to a less than significant level, mitigation measures contained in the project's Mitigation Monitoring and Reporting Program (MMRP), are required. Based on the above, the Planning Director issued a Notice of Intent to adopt a MND for the project on August 13, 2010 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review (August 17, 2010 - September 16, 2010). One comment letter was received during the 30-day public review from Preserve Calavera. The Mitigated Negative Declaration (MND) and MMRP, comment letter, and staffs response to the letter, are included as part of the Planning Commission Resolution No. 6753 for the MND. EXHIBITS: 1. 2. 3. 4, 5. 6. 7. 8. 9. City Council Ordinance No. CS-121 City Council Ordinance No. CS-122 City Council Resolution No. 2011-040 City Council Resolution No. 201 1-041 Housing and Redevelopment Commission Resolution No. Housing and Redevelopment Commission Resolution No. Location Map 496 Planning Commission Resolutions No. 6753, 6754,6755, 6756, 6757, 6758, 6759 and 6760 Planning Commission Staff Report, dated February 2, 201 1 10. Draft Planning Commission Minutes, dated February 2, 2011. MINUTES JOINT MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: THE CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) March 8,2011 6:00 p.m. City Council Chambers CALL TO ORDER: Mayor/Chair Hall called the Joint Special Meeting to order at 7:11 p.m. ROLL CALL: was taken by the Deputy Clerk/Secretary as follows: Present: Council/Commission Members Hall, Kulchin, Blackburn, Douglas, Packard. Absent: None. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the Council/Commission affirmed the action of the Consent Calendar, Item No. 13 follows: Hall, Kulchin, Blackburn, Douglas and Packard. None. None. AYES; NOES: ABSENT: WAIVER OF ORDINANCE TEXT READING: The Council/Commission waived the reading of the text of all Ordinances^rtfd Resolutions at this Meeting. / 13.AB #20.480 -TRANSFER OF REAL PROPERTY AND OTHEiyREDEVELOPMENT AGENCY ASSJgfS TO THE CITY. ~7 The Citv Couricil adopted RESOLUTION NO. 2011-042 and the Housing and Redevelopment Commission adopted RESOLUTION NO. 498. approving certain actions related to the transfer of real property and other assets of the Redevelopment Agency to the City tp-rneet existing obligations set forth in the cooperation and other agreements between and the City. March 8, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND Page 2 HOUSING AND REDEVELOPMENTCOMMISSION 14. AB #20.478 - AGUA HEDIONDA SEWER LIFT STATION. City Attorney Ron Ball referenced a letter the City Council/Commission received from Luce, Forward Attorneys at Law on March 7, 2011, regarding the mitigated negative declaration. He recommended that the Council/Commission continue the hearing on this matter for the limited purpose of addressing any unanswerable questions from the March 7th letter into the record in written form. Mr. Ball added that a question arose on whether the Planning Commission hearing was properly noticed to the property owner, NRG. He further explained that over 700 notices were mailed, and it was discovered that no address for NRG was shown on the latest equalized assessment rolls provided by the San Diego County Tax Assessor. Mr. Ball stated that NRG was added to the noticing list and will receive any future notices. Associate Planner Pam Drew, and Senior Civil Engineer Terry Smith presented the staff report and PowerPoint presentation (on file in the office of the City Clerk). In response to an inquiry from Council/Commission Member Douglas, Ms. Drew said the only way to access the existing sewer lift station is via the Encina Power Plant property. She added that a new pipe support bridge would provide an additional access to the sewer lift station through a gate at Chinquapin Avenue. Mayor/Chairman Hall opened the duly noticed Public Hearing at 7:24 p.m. Diane Nygard, representing Preserve Calavera, came forward to address the Council/Commission. Ms. Nygard suggested combining several small mitigation areas into a larger mitigation area. She added that instead of adding a second access to the facility, it would cost less to build just the pipe support system. Ron Rouse, from Luce, Forward Attorneys at Law representing, NRG Energy Inc. and Cabrillo Power, came forward to address the Council/Commission. Mr. Rouse explained that Cabrillo Power is the owner/operator of the property and NRG is the proponent of the Carlsbad Energy Center Project. Mr. Rouse addressed his March 7, 2011 letter adding that the property owner was not noticed, nor granted sufficient notification to comment on the project's mitigated negative declaration. Mr. Rouse added that the City and property owner have had a multi-year engagement regarding disparate views on the Carlsbad Energy Center property. Mr. Rouse stated the mitigated negative declaration is void of analyses regarding the impact of the City's project in connection with the Carlsbad Energy Center Project. He asked to make additional comments when the item is again before the Council/Commission, three days notice to analyze any additional supplemental materials for the proceeding, and an abeyance of a Council/Commission decision. In response to an inquiry from Council/Commission Member Packard, Mr. Ball confirmed that the City's Lift Station Project and Carlsbad Energy Center Project are in conflict with each other. He added that the City followed the law in noticing the mitigated negative declaration. March 8, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND Page 3 HOUSING AND REDEVELOPMENTCOMMISSION In response to an inquiry from Mayor Pro Tern/Vice Chair Kulchin, Ms. Drew explained that the public hearing noticing labels produced with property tax information/mailing addresses from the County of San Diego only provided a parcel number for NRG not a mailing address. Ms. Drew said the correct mailing address for NRG was added to the noticing list. City Attorney Ball told the Council/Commission that two proceedings were occurring simultaneously. One proceeding concerned the California Energy Commission's determination of the Carlsbad Energy Center. This project is not under the City's jurisdiction. The second proceeding was the City Council/Housing and Redevelopment Commission's determination of the Agua Hedionda Sewer Lift Station and Forcemain Project. This project is under the jurisdiction of the City. Mr. Ball reviewed the noticing requirement followed by staff and added that even though NRG stated it was not noticed on the Planning Commission public hearing, the company had not shown any prejudice as to what could have happened had it been notified of the Planning Commission hearing. Mr. Ball advised that staff would review and inform the Council/Commission if the scope of the City's project and whether fits within the scope of the easement previously dedicated by NRG to the City and Water Agency. Senior Civil Engineer Terry Smith stated that since 2005, City staff had been in contact with representatives of NRG, the property owner. Mr. Smith reported that after several meetings with NRG, their advice regarding the lift station project siting, was to stay as far north as possible, away from their potential project expansion. Mr. Smith said the design that was 30% developed in 2008 has not substantially changed. He explained that from 2008 to present, staff has received very little comment or response from NRG regarding communications/questions on the City's project. Mr. Smith added that he received no response from NRG in 2010 when he asked for feedback on needing an additional 12.5 feet of easement. Discussion ensued regarding the size of the various sewer and recycled water lines and the use of new technology. Mayor/Chair Hall asked staff to address the loss of the eucalyptus trees. Ms. Drew responded that plant determination and placement was a decision of the Coastal Commission and the Fish and Wildlife Commission. In response to an inquiry from Mayor Pro Tern/Vice Chair Kulchin, Mr. Smith said that the Encina Wastewater Agency has been included since the beginning on this project. At the request of the City Attorney, City Planner Don Neu referenced the March 7, 2011 letter from Luce Forward and stated that additional time was needed to analyze and respond to the points raised in the letter. March 8, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENTCOMMISSION Page 4 Council/Commission Member Douglas requested that all correspondence between City staff and the property owner be included in any future agenda item package on this project. ACTION: NOES: ABSENT: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the Council/Commission approved the continuance of this item to the April 26, 2011 Council Meeting; and, on the advice by City Attorney Ball, approved keeping the Public Hearing open. Hall, Kulchin, Blackburn, Douglas, Packard. None. None. ADJOURNMENT: By proper motion, the Joint Special Meeting of March 8, 2011, was adjourned at 8:15 p.m. *RY FREJSJNGER Senior Deputy Clerk/Secretary CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION 23 AGENDA BILL AB# MTG. DEPT. 20,532 4/26/11 CED CONTINUED PUBLIC HEARING ON THE AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT - POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: 1. That the City Council reconvene the public hearing and ADOPT City Council Resolution No. 2011-080 to: 1) remand the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the City Council. 2. That the Housing and Redevelopment Commission reconvene the public hearing and ADOPT Housing and Redevelopment Commission Resolution No. 501 to: 1) remand the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the Housing and Redevelopment Commission. ITEM EXPLANATION: On .March 8, 2011, the City Council and Housing and Redevelopment Commission held a public hearing to consider approval of the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project and the adoption of the MND and MMRP (AB # 20,478). The City Council and Housing and Redevelopment Commission received the report and recommendations from its staff and heard testimony and arguments from all persons desiring to be heard. The Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., dated March 7, 2011 (Exhibit 3). Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff, the matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Reference: AB20,478 Page 2 between the March 8, 2011 City Council and Housing and Redevelopment Commission meeting and the continued meeting. Staff has completed and mailed the response to comment letter to Mr. Ronald W. Rouse (Exhibit 4) on April 12, 2011. All correspondence between City of Carlsbad staff and NRG staff (Exhibit 5) has also been provided. Furthermore, due to public testimony at the March 8, 2011 City Council and Housing and Redevelopment Commission meeting, staff is requesting additional time for the Planning Director to complete further CEQA analysis. FISCAL IMPACT: The project is funded through the sewer connection fund. There are sufficient funds appropriated into CIP project No 3949 to cover the consultant costs for additional CEQA review. EXHIBITS: 1. City Council Resolution No. 2011-080 2. Housing and Redevelopment Commission Resolution No. 501 3. Comment letter dated March 7, 2011 4. Response to comment letter dated April 12, 2011 5. E-mail correspondence between the City of Carlsbad staff and NRG staff. (On file in the Office of the City Clerk) MINUTES JOINT MEETING OF: THE CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) DATE OF MEETING: April 26, 2011. TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor/Chairman Hall called the Joint Special Meeting to order at 7:11 p.m. ROLL CALL: was taken by the City Clerk/Secretary as follows: Present: Council/Commission Members Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the minutes of the following meeting were approved as presented: Minutes of the Special Meeting held April 5, 2011. (Commission Only) CONTINUATION OF PUBLIC HEARING: 23. AB #20.532 - AGUA HEDIONDA SEWER LIFT STATION. Associate Planner Pam Drew and Senior Civil Engineer Terry Smith gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor/Chairman Hall opened the Public Hearing at 7:18 p.m. Ron Raus, representing NRG and Cabrillo Power, came forward to address Council and stated his appreciation and support for the steps taken by the City following his communications. Mayor/Chairman Hall closed the Public Hearing at 7:20 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, the Council adopted RESOLUTION NO. 2011-080. remanding the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and possible recirculation for public input; and, schedule the application and any revisions for a new hearing by the Planning Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. April 26, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AND CITY COUNCIL Page 2 ACTION: AYES: NOES: ABSENT: On a motion by Vice Chair Kulchin, the Commission adopted RESOLUTION NO. 501, remanding the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and possible recirculation for public input; and, schedule the application and any revisions for a new hearing by the Planning Commission. Hall, Kulchin, Blackburn, Douglas and Packard. None. None. ADJOURNMENT: By proper motion, the Joint Special Meeting of April 26, 2011 was adjourned at 7:21 p.m. LORRAINE M. WOOD, CMC City Clerk/Secretary DONNA HERATY Deputy City Clerk/Deputy Secretary EXHIBIT 5 I T^Ey Smi%"J5Jr ?£loc2!'on of A9i!E.l5 !*? ^?wer Llft statfon • City of c^s^ _ _Fj?Pe Frqrn: "Pearsoff, Michael" <i^ichael.Pearsoti@nrgeriergyvGom> To:' "Terry Smijh" <t $mjt@ci;cajlsb^d;ea\us* Date: 07/20^2pp6ff:57^28 PM Subject: RE-.RejIoeatipri qf AguaHfedferi^aSev^rUftStatiQri -Cjt^qf Carlsbad Terry, YouVeiSjtepped into a ;lancj:mind fieW; VVai^i put te are sevarai people |rpig fo.3aydaim.;tp.:th,0 areajby the;^sting;;iift ^t&fidji. Cab0lJq-Ha^:a d Install peyv;ge{)erai}ng^ riirrtbiingsffiajth^y wantjtfqr a;;reyers^qsiTiiqsJs:plant,; Tlie biiy Wqtil^ JQVf tq INay^ it |&r?ifep^\^qprii^M The bil^-^ail&folKs Wahtpar|dfii fofrrtew |ike trap^- The^T^ih-felk^ v^lCfo fqlks, naves niertttoned: a desjre;iq yyldfen^heif feqt; print into :tjie tanfc-fatrn atesi. I'm lpGaitec|;at the RpvyerBJant; aJ^;3Dan'}jr6bai?l^sit dpwn aKd gi«e you a^tHQk idea of :tfieifixi!Slirig what/v^iefe;J3Ut ript m octr mpre,; \A%en it, ctimigsfdoyip to selecting: ajlqcaiiori, that ^ets jafBtty . trickyanci ?MI reiquir^»nfe tq hand t^ tqthe Sqr^ icjla-qf ^hat/where qf the^exlstihg equipment , peaiiqrr dwfer Station: 46QOi'Carisbad Blvd. (760)-268-40S5: I'm tryifig to teke fenidirqwqffaiidplan to fiie back^ori Morida^ HOWEVERvthe Safety folks want hrie to attend yet another hfieeflng itt'the mj.pv — —Original Message — - From: Terry Smith tmailto;TSmit@clfearisbad.ca. us] Sent Thursday, July 20, 2006 10:49: AM. To:, Pearson, Michael Subject: Relocation of Agua Hedionda Sewer Lift Station •?. City pfCarlsbad Mithaef,, , ...... . I am ttis' project manager for the City of Carlsbad oil the Agua Hedionda Sewer kift Statfon project, eurrentlyVthe City operates a: sewage lift station that is; located on the south edge of the. lagoqn and adjacent to the railroad tracks on the ^ east side cSf the JEncSna Power Plant Tpe lift statjqn:;is located partially within the railroad right-of-way and partiaJly-wMtin your prx>pert^ The^sewajejitt station and Ihe ^associated pipelines :a:r€;aging,:^ndiersi2ed for future |qws;and need io beTep(a.cedvThe City fe currently in the |jrqcess':of ideftiify1ftg:ani sites, approximately 14 acre in size, :to build Jhe new lift statiqri. AA/e would like to tiegin/cjortf s^oncferii^ itti you so that we' can get your feedbaek ontiie pptential sites i|at are located on your property; Rease-send me your contact/infprmatiiari andjet me kho^if you are avajlable for r^ the Carfebad^area. 1 am^otsyre where yoti are located. Jf you'are no^ ft&cc|rect contact ;persahi! would iTerrySmith-REJRelocationofAguaHe ida SewerLift Station - City ofCarlsbad _ ___ Pa9_e_? appreciate if you cotild pass this on to the appropriale-person. Thank you; lor your assistance, Terry L^rnitir >SenJbr Engineer e^of^ailsfcad ? PuMc Warks Engineering; 1635 F%r (760)27651tsmit@ci.car!sbatt,ca,us 01TY OF G^RLSBAD ENGINEERING •* DESIGN DIVISION DATE; AUGUSTA 20£)£ TO; DE$10frTEAM FROM: SENIOR CJV1L ENGINEER, TERRY SMITH RE* CIP #394$ - AQUA HEDJONDA; LI Ft STATON S1TJMG ALTERNAtlVES I met with Michael Pearson of NRG on July 28, 2006 and toured f{te Enema Power Plant property easf^of the railroad tracks. Sites 1 through 5 are on property;;oy!i/fie4 by MRQ/C^brilliQ, Mr;., Rearson: 'Indicated; that site Sis th6;ioGation:of the future desaiinatJon plant and that site % might be in the; vvay of Mure plans to relocate the' p0\wer plant, altftougri ,;ipo plans; have ;been deye[6p;ed^at 'ttjis time. He;4id h^t haye:anyf opposition to; site 1 anci;4 e>?ceptlhat the YiMCA has a iease for the use of site 4-, Additionally, ft was his understanding that Hubbs Aquarium might be expanding arid that v^uld conflict with site 3. On August 24, 20fJ6 I talked to MlKe VVIiiiams from S0G&E on the telephone about hj on the potential lift! station sites that we have identified. 1 had previously sent Mike a copy of R0ufes 2-1, 2-2 and: 2-3, Altefrvativie sitejs 6 and 10 are iaoth on SRG.&E prtpeity: ]Mil<e noted th at Fig ure 2--2 incorrectly idfehtffie.s site, f 0 as feejng on a parcel owned by ;0srbr|ilb Powe^ which is actuafly owned by SdG&E. Mike indicated that site 10 is shown within SDG&EJs existing maintenance yard arid is already uridersized larjcj heeds to tee e^j^nded or relocated; If SPG&E wep; io relbcate their maintenance yard, this; parcel has very high development potential and he would prefer that the lift station not be located here for those reasons; The, .south Jhajf of :|h;e bamel where site 6 Is shown is adjaeerit to the new Cannph Court hotel and restaurant and also has high:development potential. However, Mike; indicated that the area immediately south or north of their substation along the railroad; Uacks may be an; option, but that the Cityf would' likely need to acquire the propeJ^^roUgh condemnation He believes , the; ^ity wouid need to justify the condemnation of their property w:hen the City has the option r of locating the lift: station nearby along' Cannon Road, c; Fife 3949 -Right-of-VVay Acquisition Mark Biskup - Agua Hedionda Lift Static te Study Page 1 From: Terry Smith To: 'Pearson, -Michael* f Micliael.pearson@nrgeneigy.coiTi> Date: Thu^Jsialt^OO? 3-53 ;PM Subject: Agua Nedionjda LiftStatiorv$ite Study Michael, It haS:be^n:awhiie:since:;we;me^ July 28^ i2QC® to fee exact, to look at poss ibje aiterriatiyes fcir. relocating the; the Agua Medjdndai-SewerXift Station ihalls ourren%. located; prt;ypur prppertyH SJiice/that^rne.; we have also: looked at some other sfepptionsvand we kieep^comingAackfothe. proximity of: the existing lift station as being the Superior location.' certainly undersland.the:need to minimize impact jo your property so-thai you have the: ability to relocate the power plant in i the future. With that in mind, we. have developed a split pad Concept thatbuiids the-Jif|.stetioni: intothe side;ofthe; existing slope and partiaily buries the jiff-station ($ee the attacibed: exhibit),: this minimizes the^mpacHp^your prirne pad area and allows the C\fyio access fee jjjff station from abovf^-and Jbeloyy/Pleasekeepjnym design,, sp;we believe-Uiis to :be the :!argest;feotprint tfjatwe would need basedf on:experier)ce: with similar^faciiffles* If • may get some smaller as we get mto: the details later- Please keep in mind that we; can not djsibit) any of the area Jabeied as ESHA and we can not place structures in th,e raitrpad:right of way. The existing overflow basin.wi^ be demoiished and the riew facility Wi.il haye numerous redundant features added '.to prevent accidental spljis, vye;ddn't believe the Gpastal Commissioji will allow us to build any closer to the, lagoon because:of aesthetic; issues and; spiil concern, 1 am very Jnterested .in getting your comments on this concept and whether or not NRG: woul4 be willing to alibw ;the City to construct in this area, We. have lost some mpmentum -on, this project :due: to the holidays and staffing issues, but we are anxious to get the prpject moving forward again so that-we can get this aging lift: station replaced, Thank yofl for: your consideration, Terry Smith Terry i,L Smith , Senipr Engineer Qity of Qarlsbad - Public yvorks Erigineenhg i635^Paraday Avenue^ < Mart' Biskup - RE Agua Hedionda Lift S m Site Study Page 1 Ffotru "Pearsortj Michael To: "T^rry; Smitfi" Dafe; Sat, Jarv Subject: §B Agua Hedionda ift: Station upciafe Terry* Aa,'i mentioned InvOujmeet^g at Endria,;f m not the on£ to .make any ri. heart gtye::ypU:fectiflicai.cor«uifetSD:n relative to, ^neihS; i'm golhg to forward your;t<s:tl)e iocai Biisiness Development folks iq^address* cif any furtfterlechracat' asststance, please fee! free to contact me3 J. pearsor»;\fer Statiorv 4600 C1sac3 Blvd. 1760} 268-4035; . feriti ffiufsday, January 11; 2007 &5$;; iiiftaerHediopda lift Station Sife Study It has been awhile since we met, July 28, 2006 to be exact, to look at possible alternatives for relocating the the Agua Hedionda Sewer Lift Station that is currently located on your property. Since that time, we have also looked at some other site options and we keep coming back to the proximity of the existing lift station as being the superior location. We certainly understand the need to minimize impact to your property so that you have the ability to relocate the power plant in the future.With that in mind, we have developed a split pad concept that builds the lift station into the side of the existing slope and partially buries the lift station {see the attached exhibit). This minimizes the Impactto your prime pad area and allows the City to access the lift station from above and below. Please keep in mind that we have not done any detailed preliminary design, so we believe this to be the largest foot print that we would need based on experience with similar facilities. It may get some smaller as we get into the details later. Please keep in mind feat we^can notdisturbany.of the area labeled as- ESHA:andwe>can not place'/stftjctures in thefaSlroaa right of way. The existing overflow basin'willbe demolfehed and the rsew facility will ;haye:numerous.re^^ to prevent sccjdenialspife Wedon't believe the GoastaJ;t^rnrntsston;:W{ll: allow us:to builoVany closer: to the lagoon because of aesthetic issue^apd: spill concern. [Mark Biskup - RE: Agua Hedionda Lift_S' m Site Study' i am very interested in: getting y^ufttdrftrtfents on tWis;.e;on6ef>tand; wheth^rxsr ndt NRG'wdtjId b&^ijKhig *D;ia!!Qw the Gily -fo construct in' ••••••• - - - ...... •••••• We have lost some momentum on this project due to the holidays and staffing issues, but we are anxious to get the project moving forward again so that we can get this aging lift station replaced. "Thank ybu; Terry Smith Terry L Smith Senior Engineer City/of Garisbad - Public:Wortes Ehgthefering 1635 Faraday Avertue, Carlsbad, GA;;92?K)8r (760)602-376?; tsrrtit@ci.caris.biad.ca.(js Ho ;Fifpmf "Pearson Michael" T0i "Terr^Smith" Date: 0^0/2007 6:t>1'PM, ;Sufe|ectt Rfe;Agua"Hedlpnd(a Lift Station Site Study Thank?. Terry, I handled off to another partof our company, I've been lead to: believe (rumor only) :that Mr, Tfm Heftiig has been aske^d to work.with you. Mr. f im Hemig {760)710-2144 ,ifyou have any furtber technical qoestions, feelfree to caji/write. —-Original Message-™-- From; Terry Smith [rnaiitp:tSnii!t@di.car1sbad,ca.Ui] Setit Tuesday, January 30, 20(37 5:14 : ; RE: Agua Hedionda Lift Station Site Study Michael, Can you give me a name and number for sorneppe else I can call or send mail, Terry Terry 1. Senior Etigineer City plCarjsbad> RuWiG Works EiigWieerfiig 1635 Faraday jAyesnue Caris&ad^CA 92068 {760)602-2765 bNt@ci.carlsbsid.ca, us >» "Pearson, Mictla^t" <;Mfehae}.Pearson@rtfge!ter^.<»rri> 01/1 3]Q7 1 0:55 PM>>> " Thanks fpi" the update Terry, As 1 mentioned in our rneettrig at Ericiria, rrrtttot the brie to make any deeisiorts however1; lean give yciu techhicai consultation relative to Ehcina. I'm going to forward your note to the local Business :Devel6prhent folks to address, if I cart :be of any further technicai assistance, please fee! free to contactme, j Terry Smith-RE: Agua Hediorida Lift S /n Site Study ' _ Page 2:. Michael Jj' ^Tp: Pearspnj Michael Michael, •It has beeri awhje sir)ceweln§| Jufy 28, 20pj§:ip..b£ exact, :ip lopkat; ^possible ajt(^atiye^:iprte1ods(ting the;: the;^gua He®ri^:Sewer Lift ^StaJ3pri;that i$-cdiTenHyfocated :On :ypur profieri^: Since that tirrie,' "" •••••••••-• ..... ...... Jpokeci alspme bthersjte;6jDt|oris ahtiWeioeep cpjriing back to e existing Jift^tia^Qn a? ^ejrig; ^frsu^rtp.r location. "We^certaittly uhdejns^nd ttievneecf to^rninirnize iri^act:tp your property .so. ' ' ' ' ' : ..... " that you Kaye the;aM|ity to relocate the poy^er pjant ih;th|;fufijrei With "that in mjhiif we/have^evejlbisey a ^p^lit pad t»ptic:e;pt that bjuilcl& the" ..... "" ' " ...... " ........... .-..-.• lift staHori into, the side ofrthe existing slope and partisiliylburies the lift ^ st^t|pri'|see the attachipd exhibfj)* iphi^ |hinirnlzes tie' impact ' ....... " " " ...... ' " "'"•" to your "pHme pad area and allows the City to access the lift station frorrt above '.and below. Please keep ih mind thatsSre have not done any detailed preliminary design, so :*e believe this to be the largest foot print that 'We would need based bti experience with similar facilities, It may get/some smaller as we get ih'to the details later, Please,l<eepjn mind that' we can ^ not disturb any of the area iabefed: as ESHA;and,we;ca:n not plaice stfycrtaref .ihlhe r4ilix>ad'i1ghi;0f way. The existing overflow basin will fee deme!ished>and:ih£\flew faciH^rwjII: have numerous redundant features added to prevent accidental i spills. We, 4oiftvb^lieve:ihe Coastal Commission ;will allow us;to. build -any closer to the lagoon because of aesthetic fssties and spiticpncern. I am yjery Jnterestedin getting your epmments on this concept and whether or not NRG woald be willing ip allow the Gityito construct in We hayelp^rsomeino^ the^ojidays and staffing,- issues; b:ut^ are .anxibusto get the pfoj^ct rndving fc-nAnard agairi^sc > that we ^ ^n;g^;thls^aging:lift;statioTi replaced, ThanK you fbf ;ybur consideratiph, 47- •^•*?S4S8ffi8$S.!£«™—S£& Terry L. Smith Senior Engineer City of Carlsbad - Public Wark$ Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.car!sbad,ca.us IMark Biskup-_Property Acquisition at Er sTPower Plant From: Terry -Smith " "ft*; dayJdJipyd@ilrgeriergy.epm: D?te: Tue, l%b6i.2QQ712ii;3::;PM: Subject: Property Acquisition ;at Encjna Power Piant- .3 p|jfaing(lyour femal from J|rri;Elliptt here;^t1heC%,H0^aiiJ[ yquimighf be sib!^ to/pO!nttri6 In iheright direction, i arnltbe pity's pro^ct manaasr for the: Agua Wecfon^Sewer Lift :StatiQrt project THe, currentlift ^teition is/:p]d:and.<^Jnaciiequate •capacity ;to.jni0eMature sewage; flo^s. We are looking to Ejuiidtfi^ new lift ;s!ation in the sarne vicinity as the ctirrent|ft station, ^nce^ye:;need?to kee}3;the old lift^tatfbnoiperatibrial during constructipt? qf the- new,;pne; we will need to: acquire some property from NRG -Energy for the ;new ^aciiity; Vfe ^eiieve we-^ave^come yp wjth'S ^ncepftha^ which Is on the/east side of the railroad.: tracks on the south: shdrgiOf the; Agua Hedlonda Lagoon. Cb.uld you putrne:tpuch;wiih;:thp perspn^at NR0 who para roake ^eclsipns:regardina thei sale pf property? \ ha^e discussed tbe;prcyect p^yioysfy with:MichaeLP^rjs^ am awarabf-aiUpf the dernarKfe being placed pntnis;property with respecttp the Desal projeci:artd:your desire to reiocate the: power plant Your assistance jn this issue is greatly appreciated, Thanks^ Terry Smith terry L Smith:Senibr Engineer Ci^ of Carjspad- Public VVorks Engineering •1635 Faraday Avenue CaHsbad, bA02Q08r (700) 6)^27^5 tsrh it^cl carlsbad.ca, us " R?l£f?Perty Acquisitton_at ;ina Power Plant From: ":Moyd; David" < To; "t^fTyS^itif <TS Date;, 02^iMdOf l;(|13;M:A(t Subject: Rg;:,Pfoperiy Acquisition at&icioa Power Plant We will review your request internally. Since the property is subject to the Subdivision Map Act, we would not be inclined to undertake the expensive and delayed process associated with Coastal Commission and City review of a lot split for this project. We may be willing to consider an easement subject to a reversion if the property is no longer used for lift station purposes, and limited to the smallest area needed by the lift station. We are also concerned about potential spills into the Lagoon, and so would need to thoroughly review your spill management planning and redundancy for spill prevention. Dayjd Lloyd CabHIlo Ppvyer I LjLC 18i3 Aston" 'Avenue, /Suite 105 Carjsbad, ;C^ 92§08; Cell;: 7$Q-S35-2Q$Z Offfcel 760-719-2147- 76Q-Q18-e=J9|0 T,hjs.n3essagejs a PRIVATE comrnunication. JJiis-rnessa,ge:.and all attgcHrnents are a private communication sentby;an attprri^ fn the law ^partme^tp^NRGEiiergyi Inc:, and' may be cpnfldential/or protected by privilege;. \f^ou.a^e npitjl^ intended recJRiept, yoiJtare/riereby nptified^thaf a>ny disetosurev copying, disVibution^:^ infqrfri^tferi contained^in or attached to Ihls^message is, strictly ;prphibited; Pte |s'f' :n<?tifV ihe^erider of %e delivery erjror: by replying to this rrie$sage,and"thert delete it from your system. Thank you, .-- — Original Sent: Tuesday,; February 06, :2Q()7 12:14 .'pM: To; Lloyd, David Subject, Property AcquisJtior) at Ericlha: Power Plant David,. I obtained your e-mail from Jirri EniottJiereattiie pity. He said you: might be afale;to poinljqlie in:tfje rtght;direcion, I arrt the-GI^'s: project manager for the A^ua:H^tertdaSe^fLi^ current lift station is old and of: Inadiequate :cap^i^ tp friefet future" sewage flows1. We lare lopMyg |"t«a * build' the ^nfew lift staUdri in tlie sairrie Vicinity as the current lift : station, Sihce we need-to Keep the old lift stationjoperatibnal during construction of the;new bne,: we;wiHneed t& acquire some ; property from NRG Energy for fte new facility. We believe we^have come- up wiHi a:cpncept that;wilf mbimi^e the irnpact to^your site,,: which is on tie east sidepf fee railroad^ tracks on the south shore Qf the Agua Hedtonda Lagoon. Could you put me toueh wife the person at IsiRQ who can ;make decisions regafding flie saile pf pnoperfy? 1 -havefdiscussed 'the project previously wHJh Mkrfrael Pearson at the^ Power Plant, .sp I arn aware; of all of the: demands being piaced::on this property with respect- to the ^^pesal project, [ Terry Srnjth - RE: Property Acquisition a cina PoweijHant ~ __„ Page 2' and your'desire: tovreipcate the po\vsr plant;. Your gssistanceln this: issueis greatiyvappreciated, Terry $mjtfi . . SJTnjth: ^ Engineer Ciif qfrGartsbad -. PbMc Works Engineering 1635 Faraciay Avenue Carlsbad^ CA 92008 j(760) 6Cfe'2765 tsmlt@ci.carteb3d.ca,us i Stevel-<Steve.HpfftT?anrt@r>}5energy.com>:i *'Richa/ds, Keith" <Keith.Riehards@hrgenergyicom>, "Hemigi Tim" <TinFi,Hernig^nrgenergy,Gom?' •«$*&* I *C-er '***& * "^*S«*!r" '* }i-*e.^ tj .; Jfc. y" • t> •^X"-e«3/ MEMORANDUIVI CITY OF CARL$BAP ENGINEERING - DESIGN DIVISION DATE: FEBRUARY 26,2007 TO: SENIOR PLANNER, ELAINE BLACKBURN FROM: SENIOR CIVIL ENGINEER, TERRY SMITH RE: C1P #3949 - AGUA HEQIQNOA LIFT STATION SITING STUDY AND ALTERNATIVE ALIGNMENTS FOR REACHES 11B -15 OF THE V/C SEWER The design Division has completed the Alignrnent and Site Study for replacement of Reaches VC11B - 15 and the Agua Hedionda Lift Station of the Vista/Carlsbad Interceptor Sewer System, The study was completed in August 2006 and considered 10 different site locations for the new sewer lift station, The sites were evaluated against several different criteria and also considered the review comments prqyided in your July 6; 2006 memo and comments from the Enciria vVastewater Authority. Because only one of the sites is owned by the City, it was difficult to clearly identify one site as the preferred site. Instead, three potential sites were identified in the alignment study that require further eyaluatiori and discussions with the property jowners: prior to selecting a single preferred site. The three potential sites identified; were sites 2, 9 and 6. If property ownership was not an issue, Site 2 would be the preferred site. The executive summary of the study has been attached for your reference. Over the past several months, engineering staff has corresponded with the property owners of the potential sites, NRG Energy and SDG&E, to get feedback from them on using a portion of their property for the Agua Hedibnda Lift Station. Both property owners were initially reluctant to provide much information or assistance in locating a lift station on their property, Both property owners expressed concern about our facility impacting prime area for development or expansion of current facilities. The City site is the third alternative and it s the most expensive and difficult to construct. It is also adjacent to a small water body and is the closest alternative to a residential area* SDG&E indicated we would have to go through condemnation to locate the lift station on their property (Site 6), although it could be friendly! condemnation if we locate the lift station next to their substation. However, this site is too small and would be difficult to construct in this area because of the overhead power lines. NRG Energy has indicated that they are already getting squeezed by a number of projects'and don't want us impacting Weir site further (Site 2). NRG is unwilling to provide any type of site layout to us with respect to the relocated power plant option thai they are considering. However, in the interest of minimizing impact to the NRG property, we developed a site Alternative 1A that is a compromise between site 1 (current location) and Site 1. A revised plan view and section is attached for your review. The benefits 1of2 of this location are that impacts to NRG property are minimized,; the lift; station is .out of the railroad right-of-way, there is no take of ESHA and the lift 'station is partially buried to minimize visual impacts. Last week- we met with Tim 1-iemig and David Lloyd of NRG Energy to discuss this concept with them. They appear to be willing to cooperate with us on this compromise; site, but asked that we continue to develop the site alternative and dp bur best to- reduce the impacts; to their property further. They are also trying to tie our project to theirs and they are already asking for concessions on property setbacks, etc. We certaTnlyidpn't want to get lied to their tirne-lihe, but realize a certain-amount of planning is heeded with them, the desal plarjt, the cpastal rail trail, CALTRANS and NCTD. The purpose of this tnernfd is to inform you that we believe this Alternative Site 1A is the far superior ske location and that we would like to proceed to the next phase of engineering, which wpuld;be;the preliminary design phase. Further detail is needed to better identify easenlent and property acquisition needs, develop system redundancy measures to prevent spills and to prepare for the CEQA and permitting phase.: We would like to meet with you at your earliest convenience to discuss any concerns that you may have with this site location. A copy of your previous memo is attached for your reference!. 2 of 2 50 /.&*£*, Estimated Wastewater Discharge for 1X1 SCCF6-5000F HTCC ZGK023 (One Siemens Unit} - PRELIMINARY Encina Power Project Scenario 1 2 3. 4 Mobile Demin/Zero Reject;, Evap Slowdown and Plant Wastes to POTW Mobile Demin/Zero Reject; Evap Slowdown Recycled , Plant Wastes to POTW RO with Mixed Beds, Evap Slowdown and Plant Wastes to POTW RO with Mixed Beds, Evap Slowdown Recycledj Plant Wastes to POTW Total City Water Consumption, GPM 332 307 433 408 Demin Feed, GPM 303 303 404 404 IDS Load to DeminSystem, may 1810 1810 . 48 (Mixed Bed orityi 48 (Mixed Bed cmiy) Demin Reject to POTW, GPM Off-site Regeneration Off-site Regeneration 101 101 Plant Waste Row Rate, GPM 6 6 6; 6 Evap Cooler Slowdown, GPM 25 Recycled 25 Recycled Combined, Flow to POTW, GPM 31 6 132 107 Cone. Of Combined Flow To POTW, PPM 500 500 1613 1875 Note$: 1. Evap Cooler CQC=2; Evap Cooler Feed: 50% Cfty Water * 50% Demin Water 2. RO Reject Flow: 25% of Feed, Salt Rejection: 98% 3. £vap Cooler On, PAG On 4. DBT 83F, RH 47% 5. HRSG Biowdown Cone, a 100 ppm for a 1450 PSIHRSG,....,........... (based on ASME CRTD-Vol 34 limits) 6. City of Cartsbad Potable Water TDS s 500 PPM (Avg.) 7. No potable water included (assume 3 gpmavg.) In process discharge Conclusions: 1. Estimated worst case city water consumption for two units (Scenario #3, using on- site RO system)) = (2 X 433 gpm + 3 gpm for potable comsumption) X 1.15 (15% allowance) «= 2. Estimated Total Dissolved Solids in Process Discharge to POTW: 3. Estimated max wastewater discharge rate to POTW for two units (Scenario #3, using on-slte RO system) s (2x 132 gpm-f 3 gpm potable) x 1.15 allowance)= lOpp GPM (t44;MGp) 1613 ppm 307 GPM (0.44 MGD) NRG-Encina Repowering Project Scenario #M Estimated City Water Consumption for Six GE LM6000 Sprint Simple CTs (Preliminary) Estimated Water Quantity Requirements: GELMBOOO Sprint Turbine Simple Cycle with Evaporative Cooler Source of consumption • Nox Injection (Note 11 Sprint Injection (Note 1} Evaoprative Coolers (Note 1) Turbine Wash (Note 2) Total City, Water Consumption, GPM/CT Total City Wster Consumption, GPM/Sfx CTs Allowance for Misc. Use, 15% City Water Consumption (Facility wide), GPM Fire (jesting, fire events) Misc. Process Usa (lube oil coolers, laboratory, safety showers etc. Potable Use Total City Water Consumption (Facility wide), GPM' ' ..,.. Ambient Conditions Mih. Ternp - 42 F, RH 60% ' ' . . .: 46; ., -...'.' ..".. ; .'../;:.; :.'".8 ; - : •.;•..:;.• :.. 0:. ; o •• • 54 ' 324 49 ........ .... -373:- ' '.' .. ;. ' ' 0 ' ' ' 'V. 6 3 382 ISOTemp59F,RH-60% 39 18 3 0 60 360 54 414 0 «.'• :. . --3v 423 Max Temp - 83 F, RH 56% •32- 19 5 0 55, . 33r • ... SO 380 0 6 •3 389 Note 1: Npx,;Spfint and.Eyap Cooling Requirements Caitujated by Frank Senkel of Shaw/S&W,,4/17/07 Note 2 Off line wasnwater requirement for GE MS7001FA (171 5 MW) CT is 1650 gal (Ref- GE Turbine Compressor Washina,,DocJ 6EK 107122B, April 1999) NRG-Encina Repowering Project Scenario #2: Estimated Gity Water Consumptions for Two Siemens Super Peakers (Preliminary) ISouree! Wate» Balance Oi«a, Siemens 1X18CC6-500BF,Oiaited 4/11/07 :. ., ' ' . • . Source: Water Balance Otao, Siemens 1X1SCC6-SOOO EvaooraM Cooler Evap.GPM' = „:„ Evaporadve Cooter Slowdown. GPM PAG, 6PM ...... .,,. KRSG To Atm. SPM PlaitfUM/GPM ....... ,..,, Btowdown Tank Flash Evat).. GPM Tuittns WashfNqfc It ,..., , Total CohsumpBonVSuper Peadsr Unit, 6PM Tolal CbosumDUonn'wo SUM Maker Unils. 6PM PotableUs*: ; - ... Toisl Plant consun«i<m,GPM- Allowance for Mise; USB (15%) ToMI City Walw Con«umpllon, Gf»M( Two Supir Pealter Units . '. ... . AmMSnt Condrllons Temp«62F, RM 70%( Evap OH. PAG Off ••....•..' '•: : • 0 •'•."'• •••:' ' .-.•,.';.,. • o. ....'.,• ... 0e . . 6. . , . . • . . 2. -., _ ..... .«•*,... ..... -... . .... ... 14, . ...•;.... . . ,28. •....;.. . -; .,, . ,. .... . .3..,. .... 31 '. . ' 5 38: Temp • 62 F, ; RH 70%. Evap On. PAG Off ' ';..•• ':.. -10 ' V• , '. ...,.,.. 10 .. .. , 0 6 . '6: .... •2- . ... negl. .. 34r . .... '„ .. 68 ... . .. .3'. . ..n11 . . .. « Temp - 83' F, -RH 347, Evep On. PAG On '. :... . •"• •••' 25'- - "• ••••-•.•- . . 25 . 269 ' 6 6 2. n*gl. . 33? ,...„ 684 3 667 107 774 Nole 1:TolaloffJinswashwatsrrcquiremenllorOE:MS7601FA(171.5UW)turt)lneis 1850gal(H«f:GETurtfneComprcssoie Washing Doc#GEK107122B Apdl 1999) Source: Metropolitan Water District of So. California, 2006 WQ Report Carlsbad Municipal Water District WQ parameters Alkalinity Aluminum Calcium Chloride Color Cbrrosivity Fecal Coliforrns Florida Hardness Magnesium Odor Threshold PH ' •;;.... 1 Potassium Silver Sodium Spec. Conductance Sulfate Total Organic Carbon Total Dissolved Solids TTHM Turbidity Zinc Unit ppm ppb ppm ppm Color Units SI % ppm ppm ppm Units Units ppm PPP ppm microS/CM ppm ppm ppm ppb NTU ppm Range :«.5"t14 ND-151 38-62 83-92 1to3 0.04-0.6 0 0,16-0.28 169-260 18-25;5 2 8.1-8.2 3.8-4,6 ND 69-88 687-938} 103-210 2.3-3.1 386-554 36-89 0.06-0.08 ND Average 107 " .73'- ' 55 88 .": ..".... 2 -o;3s.... ... 0; . . .., . 0.23 231 23 2 8.1 4.3 ND 82 854 173 2.7 501 60* 0.07 ND sniiwr City of Carlsbad Municipal Water District Drinking WQ (Secondary Standards and Additional Parameters) Vrs. POTW Discharge Limits. City of Carlsbad Drinking WQ Parameters Parameters Alkalinity Aluminum Calcium Chloride Color Corrasiviiy Fecal Gotifonns Floride Hardness Magnesium Odor Threshold PH Potassium Silver Sodium Spec. Conductance Sulfate Total Org. Carbon Total CHssol.Soltds TTHM Turbidity Zinc Arsenic Cadmium Chromium CH Copper Lead- Nickel Cyanide (T) Cyanide (free) Suifides OSG PCBs Unit ppm ppb PPm pom Units SI % ppm ppm pom Units Units ppm ppb pom microS/CM pprn pom ppm ppb NTU pom ppm ppm ppm ppm ppm ppm ppm opm pom ppm ppm Range- 95-114 NQ-151 38-62 83-92 1to3 0:04-0.6 0 0.16-0.28 169260 18-25.5: 2 8.1-8:2 3.8-4:6 . ND 69-88 687-938 103-210 2,3-3.1 386-554 36-89 0.06-0:08 NO Average 107 73 55 88 . 2 0.38 0 0.23 231 23 2 8.1 4.3 NO 82 854 173 2.7 501 60 0.07 ND Into Not Available from City of Carlsbad Municipal Water District 2006 WQ Report but needed to determine POTW: Discharge Quality POTW Discharge Limits PpTWDIsch. Parameters Akalinity Aluminum Calcium Chloride Color Corrosivity Fecal CoSforms Ftoride Hardness Magnesium Odor Threshold PH Potassium Silver Sodium Spec. Conductance Sulfate Total Organic Carbon Total Dissolved Solids TTHM Turbidity Zinc- Arsenic Cadmium Chromium (T) Copper Lead Nickel Cyanide m Cyanide (free) Suifides O&G PCBs Unit oom oob oom oom Units SI % pom com ppm Units Unas oom ppb ppm microS/CWI ppm oom own oob NTU oom obm oom ppm ppm oom bom oom ppm pom ppm oom UAPOTWWsch. Limits, PPM N/A N/A N/A N/A N/A WA N/A N/A N/A N/A N/A 5.5 -11; 6-9 for NPOES permit N/A . s; N7A N/A N/A WA- N/A N/A N/A 2S.1forcoo(inafbwei 3 15 10; 0.2 for cooling tower 15; 1.0for:coo(ir»9 tower 5; 12 10 2 0.1 600, 15 (30-day avg.) 20 (daily max) 0 Ctty of Carlsbad POTWDisch. Limi»s,PPM NotlKdyaDpfcable Not likely appieable Not lke>v apotoble Nolllker/acpttcable Not likely applcabte Not likely applicable Not likely aoullcabte Not likely applicable Not likely ap^icaWe No! likely appllcabve Not likeiv applicable DiscftiUmilTobe Obtained Not likely applicable Disch Limn To tw. Obtained: No! likely sppiicaae Not likely applicable Not likely applicable Not likely applicable Not likely applicable Not likely applicable N of likely applicable Disch. Urn* To be Obtained Oiscn, Limit To se Obtained . Disch, Limit Tote OBtaineii' OischiBrnltTobeObtained '. Disch LimiiTo beObtained Disch, Limit To be Obtained Oiscn Limil To be Obtained Disch, Limit To be Obtained : Oiscn. Umil To be Obtained Discn, limit Tobe Obtalnia Discn Umil To be Obtained Oiscn Umil To be Obtained PAGE 1: .OF 1 CITY OF CARiSB^D BiatABjjlATlCW SHEET 163$'FARAbXy AVENUE; ;CARtS8AP, CA 92008-7314 76Q-$Q2-4677: "' VISTA/CARLSBAD iNTRCEPTOE SEWER, ReACftES VC1 3-VC1 5, WAN HQLE REPAIR CONTRACT NO, BID DATE &;TJME:i July 8, 2008 at 2:OQ P.M. ;. Room 17-4 A pre-bid meeting and tour of ihe prdjett sitis will NOT be held. However, in order for the bidding contractor to fully understand the jscofM of vrork a site yisit:is highly recommended a site visit may be arranged with the City's Project Manager; Mark, Biskup (760) 602-2763, vip to and no later than one week porior to the bid opening date. ENGINEER'S ESTIMATE: J;., ............ . ..... ...... ;; ....... .................................................. ........... . ..... ,.., ...... . ..... .....,...,»..» ...... $361,900 The figures opening and may wlb to errors made by bidd # t.. 2. 3. 4. 5. 6, 7. «- CdNtRAGfdRtNAMETdlTY WEIRlCONSTRUCfiON^GORPdRATlCili SOCAL PACIFIC GONSTRUeTiOhi CORPORATION . •• LUMP SUM |375,493.PO $279,682.00 ^ .-. SUBCONTRACTORS FOR APPARENT LOW BIDDER: 1. . . 2 . . . . .. . 3. ___^^___^___ 4. .__ - . . 5; • ' ' =_____ 7/8/08 Legend » V« INTERCEPTOR SEWER MANHOLE — V/C INTERCEPTOR SEWER PIPELINE * SEWER MANHOLE (NOT A PART) -—— COLLECTOR SEWER PIPK1JNE | | NCTOROW ASSESSOR? PARCEL VISTA/CARLSBAD INTERCEPTOR SEWER REACHES 13-15 MANHOLE REHABILITATION CITY PROJECT NO. CP 3949 SHEET 20F 5 APPENDIX "O" PROJECT NQJIFiCAtION LIST Location APN 21001041 21001041 210:01042 210011 OS Cannon RD 210 090 24 21009044. 21Q 09049 21009042 21009045 21009050 21009051 210:17014 Ave: Encinas/PAR Ave. Encirias- Ave. Enciiias Contact information NRG/Cabrillo Power, LLC 4600 Carlsbad BLVD {Sheila jiehikm)760;268-401 8 Mobile 760 535-2705 : (Jefr Bisraenj 760, 688-8451 & , ..... . Enciha Vi/astewater Authority : NRG/Cabrillo Power, LLC 4600 Carlsbad BLVD (Sheila Henikin)760 268-4018 "Mobile 760 535-2705 (Jeff Bismenj 760 688-8451 SDG&E Jeff Sykes Land Management Super 8335 Century Park CtCPHD SD CA 92123 858654-1235 Cannon Ct City of Carlsbad R-Q-W Bob Baker Auto Park Contact: Dan Elliott 760 804-5012; Cell 760 41 5-5454 5055 Avenida Encinas Suit? 100 Kotoff Family 1301 Vista Colina, San Marcos CA 92078 Property Resources Inc. P,0; Box 51196, Salt Lake City Ut 841 51 SAN-GAL The Pleta 541 .1 Agenda .Erichias; #51 Palmu Huha LiS 5600 Avenida Encfnas Carlsbad ;Roint Corp 5825 AvenidaEncirias #75 Cognac pacffic Corp 5499, Ave, Encinas City of Carlsbad right«of way City of Carlsbad fightrof way EWPCF Manhole its 26 22,23,24,25. 20,21 18,19 17 16 15 14. ' 13 12 10,11 ? 8 7 2,3,4,5,5a,6 1 Misc. Information & Requirements Secured site requires access through guard gate. ;AH workers entering property shall be authorized and trained iri compliance with i the bWrier's recjuirementS: Also requires coordinafibn to EWA to for access through lift station site. Secured;Site requires access through guard gate. Ail workers:ehterihg property shaSI be authpfeed and trained in compliance with the ovyner's reiiuirements; , Secured site. Contractor shall notify owner before entry onto property. Grass Easement Traffic Control Secured site. Contractor snail .notify and. arrange ; entry onto property with owner. Easement in private parking ilotPptential for parked cars oh imanriole; Notify & Coordinate entry with owner & occupants; Easement in private parking :tot. Potential for parked cars, on manhoie? Notify & Coordinate entry with owner & occupants^ Easement in private parking lot. Potential for parked cars on manhole. Notify <& Coordinate entry with owner & occupants. Easement in private parking lot; Potential for parked cars on rnanhole. Notify .&. Coordinate entry with owner & bccupants. Easement behind drainage channel near; NCTD ROW; NCTO Agreement necessary if entering orstagihs oh NCTDROW': Easement in private parking lot. Potential for parked cars on rnanhole.\Nofify & Coordinate entry with owner & occupants. Easement in private parking lot: Potential for parked cars on manhole, ^joti^ & Cbbrdinate entry with owner & occupants. Buried Traffic -Control. Traffic Control This list provides the Contractor with contact information for parties that rnay be affBcted by this project. The Gontractor is responsible for providing appropriate notification, as described within the contact docurrients, to each of the listed contacts as well as additional parties of interest as directed by the Engineer. {September 5/SQQ Director, Environmental Business NRG WEST 1 81 7 Aston Avnue. Suite 1 04 PROJECT NQ. 3S49 REQUEST FOR Dear Mr. Herhig; INTERCEPTOR SEW&R REPLACEMENT EASEMENT As;you knbw, Jie Cityof Carlsbad Has been investigating alternatives for the replacement of .the Vista / Cf rlsbacl interceptor Sewer end; Agua Hedionda Lift Station currently located on and adjacent iti NftG's property at ttieEncma>Ppwer Station. This pipefline and lift station are jointly owned;; by trte City; of Carlsbad and the City of Vista- and were constructed in the late 1960 's^ Thes^ facifities have either reached their useful life of are wridersizied to meet the future needs of.jhe.area; and the City of Carlsbad last met on this issue on May 2, 2007 at your office to discuss NRG concerns with the location of the new lift station and pipeline. Since that time, the City has evaluated and selected a preferred alignment altemalive for: the replacement sewer and is tearing the completion of the preliminary: design : report. As you .requested in this meeting, the City has located Jrif nspjacenient se;wei? lift ^station in^ a tocation that minimizes the impact to NRG% pad area and the panoramic views. The proposed "lift station locatiPn and pipeline alignment are sfiowii on the attached figures; The design .concept for the new lift station is to construct th? structure ihto the existing slope so that only the roof and one face of the btiiiding^ are visible. Access to the'roof hatches Will be from the upper pad elevation and walk -in gocees to .the buHding ' wjr be from the lower pad elevation (approximately the Same elevation as the current lift^station). The City plans to incorporate a number of redundancy features into the nev/ lift station $q minimize the potential for sewage spJIJs; C5ne of: the: features of thie nevif design inq/udes. using the existing interceptor, sewer in addition to constructing a new parajiel sevyer »h order io, provide a secondary conveyance system. As shown on the attached [exhibit, an additional 20-foot easement is required- from MRG, which is adjacent to: the dity's existing 17.5-foot wide: sewer easement. The City will also need an easement for the new sewer lift station at the north end of the NRG site as shown on the attached figure. Additionally, the City ;has also determined that the combined sewer easement Width: wii! be adequate to serve the needs of the City's Tuture Coasta! Rail Trail jproject so that no additional right-of-way will be necessary ^or that ^^ project. Faraday Avenue •» Carlsbad. CA 92OO8-731-1 •- (>6O) eO3-37^Q •> FAX (7)6O) 6O2 8562 oO September 5,20P8 PROJECT NO; 3949 - ViSTA^rpAiLSBAD^lNtEReEPtOR SEWER REPLACEMENT REQUEST F6& SEWER Page; 2 The City vvould like to meet with you at your earliest convenience to answer any questions you may have of our project and to discuss the City's property needs associated with the project. As you may recall, the previous property owner of the Enctna Power Station, Cabriilo Power, prepared a Precise Development Plan in partnership with Poseidon Resources for the Carlsbad Seawater Desalination Plant, The City of Carlsbad Planning Commission approved the Precise Development Plan (PDF 00-02} for the desalination plant on May 3, 2006 with certain conditions imposed on the facility. Conditions 16d & 16e of POP 00-02 stipulates that Cabriilo Power or its successor in interest will dedicate easements to the City for the Coastal Rail Trail project and the Vista / Carlsbad Interceptor Sewer & Agua Hedionda Lift Station project, We took forward to idiscussing thisVissue- with you. Please, contact me at (760) 602-2765; to schedule a: date andlirrte tci meet Senior Civil Engineer Attachments c: Bill Plumrrier Shefri Howard Scott Donnell JoeGaruba j-Eggg EXISTING UTILITY EASEMENT SLiZl NEW UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT BROWN A NO' C A L D W £ L I EXHIBIT A NRG ENERGY PROPOSED EASEMENTS AOUA HEDtOND* Uff-'STAWM PRELMN/Wrr KSKN REPORTCARLS8W, CAUrORNIA o so ibdM1 rjl i'i'irrrtSCALE K fKt FIGURE;1 EXHIBIT B NRG ENERGY PROPOSED EASEMENTSSEPTENSER 2008 134887EXISTING UTILITY EASEMENT NEW UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT ACUA HEDIONOH UH STA1KJN REPORTCAflLSBAO. CAUfOOMA MJifee Monasrnifh Energy - SBWEH PROJECT Deaf Mr- MMksroitiit Tor ih? Fneiiy, Comnu^jon'v vumWeutf on. uUdditd i-> a Septembu S. 2QA$. kHier.md color plans dcui the Cia's Public Works DejwtJment ] nametitisg Dnnron tu Ts'RG. pjofHMiait of she Cdilsbad 1 nug\ Center Pmjeei (CFCP) The Icttei ic§oids the Cit\ «, icplaccn«.jit pIan^ foi <ind p'Ogicss on tfic \ isUt'Tailsbad Imcixcpiui X'«w and Agw<3 HeJioiiJa 1 ift Manen pionxts Both psojsxh. nouicl outdated JdciInKi uojwrucied in ihe late i%0s, As tfes boundaiy of the impact , ilic .sevvei: andvlift statfop. pi'gjects, planned a long and withitj i Pj, are Ajeiy^elevant u? its;plat»Jng, .Botii prbjifcis ««!M reqairc c-aseroeots that will -g;^ P»j»s«l wc«W also likely be adequate \k ii Rail Trail <eRT}., to Carlsfead essemehis 'for -all three phyedts. T%se condjtioiis were Impost as; pan; of ttoe •0Hy% 20% apprevaJ of tire: de^alJttMJoftjplaii^and j-ejaied peraihs.. C of;case!«ente; site piaonmg; for pmjects .and the wider&ig ^taterstafc S Avill impact1 the ,, -NRG's pfaiisl&e lie CECl^needl1 i»:take these Carlsbad :slaff i .to ihe of .the: .you hive aiiy Yours very inily, easfeinenf s ib ., please contact me atf 76{ft 602-4^1 -8 Senieir Planner Eneitjsure 1 635 •- i?:60| 6O2-4S00 * ^^ \ws)w.«:oarisl»a4.-oa.us-. Ci f y of CarIsbad: •^~~~^~n*l>WMl«BBnHH^PaBMBBHlB"^MM^H>MMMMBBi^^^^MCity* Manager September 11, 2008' Mike Mbnasmith Energy Facility Siting Project Manager California Energy Cornmission iSie N5ntli;Streeti MS-15 Sacramento; CA 95814 CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - CITY OF CARLSBAD TrilRD StJBMITTAt OFDATA REQUESTS {#<& - #141) Dear Mr. Monasmith: The City of Carlsbad has received NLRG's recent project changes (August 2008), known as the Carlsbad Energy Center Project Enhancements; antf Refiriemetttsr(PEAR) • The City has reviewed NRG's alterations and submits the follQwing data requests for your consideration. Clearly, the complexity of this project has increased due to NRG's recent changes. The City of Carlsbad appreciates^ the opportunity to raise questions and issues that will helpTeveai the true impact that this hew povvier plahtvviilll have'ortour^ cdrnmvinity^s quality of life. General \ There have been a number of changes to the project area, including approval of the Carlsbad Seawater Desalination Plant (CSDP), 4fhV..Vista/Carlsbad, Interceptor Sewer Improvement. project (sewer, interceptor), the anticipated widening of 1-5, and the Applicant's proposal to construct a new power plant (Carlsbad Energy Center Project), including the relocation of a regional switchyard and the construction of a project specific desalination plant :6?. - -.Provide a comprehensive site plan which mcludes:€$DP,;,.the sewer interceptor, thej J;5 widening, and, the; CECP,: Construction Background The Applicant states that laydpwn areas described in the AFC are applicable to project enhancements and refinements. . '', 1200 Carlsbad Village Drive • Carlsbad, GA 92008-1989•• (760) 434-2821 • FAX (76O) 720-9461 October 7,2008 Mpnasmith Energy Facility Siting Project Manager California Energy Commission ISl^Nmth Street, MSj-15 Sacramento, CA 95814 CARLSBA1} ENERGY CENTER PROJECT (OT-AFC^) - VISUAL IMPACTS AND SITE CONSTRAINTS Dear Mr.IMbriasmith: As you are aware; for nearly a; year the City of Carlsbad {City) has*aised concerns about visual impacts and site constraints related'to the proposed Carlsbad Energy Center Project (CECP, 07- A^C-6). The City-has requested oa numerous occasions tlrat^ site layouts and visualsimulations: which incorporate the upcoming widening of the 1-5 Freeway, To date, NRG has failed to adequately respond to the City *s requests. In order to ensure thatboth the California Energy Commission (CEC) and me comniunity-at- large haw an accurate: understanding of what the probable visual impacts of the CECP will be, the City wouldiike to submit Visual Bchibilsf 1 -4: * Exhibit #1- Overhead shot of the proposed CECP andits proximity to a widened 1-5 • Exhibit #2 - Cross section of thV proposedplant in relation to traffic along a wideiied 1-5 * Exhibit #3 - Southwest view of hpw the site currently looks today • Exhibit #4- Same view as Exhibit 3, but a simulation of how me site will look once the freeway is widened and tiie CECP is constructed As yoii may recall, boththeCEC and City staff have^been previously briefed by Caltrans with regards to the prpppsed 1-5 expansion. During the course of that briefing^ Caltrans Mghlighted that they have been working on that project since 2001 (public scoping meetings) and that the EIR contains several different widening scenarios. In preparing the above visual simulations, the City^^used schematicsi provided by both Caltrans the applicant More recently, City staff has raised questions and concerns regarding the CECP.'s site layout and conslructioB laydown areas in regards to toe upcoming Vista/Carlsbad Sewer interceptor Project f (sewer project); This se^v^er.proje^lias b^en in development for Che past five (5) ye^rs'arid represents a vital wpgrade to rne regional sewer infrastructure^ which sejvi2es a population of inor^ than 150,000. In order, to complete this upgrade, It is necessary for the. City sto, acquire ? yfike MoriasniUh additional right-of-way .(Visual Exhibit #5) on the CECP site. ,Tfie City has submitted a riumbejr of data requests to the CEC regarding this issue .in its September 1 1 , 2G08- filing. _-" The City has and continues to express its deep con?eitia regardMig th&GEjCP aiM j^KXpri^eness of th^ ^^project at that location. AS the proposed site becomes more constrained on its east^nd Western bouhd^ciesi ^the (City's bbjectiphslp the CpCF'sMsual irnpacts persist. Please feel free to xiphtact nl^ if you have any questions at (760) 434-2893, i Garuba Municipal Projects ? Manager Enclosures: 5 cc; Proof of Service (Rev. Wl 0^2008; electronic service only) City Manager Housing and Redeyelophient Director Senior Planner Visual Exhibit 1 '• Visual-Exhibit^ freeway elevation Power Plant elevation * 1,?&£&*'•', *'jn*& ^ ?«**p V%^-^; %^: Visual Exhibit 3 Visual Exhibit 4 -J Visual Exhibit 5 0 100 200 400 GiflibtdMtfai IntMMptorsmnr. ,x, pwpowd w RlgMofMy ^e^nflyslKyE......^^^: ^to^ **)&****, HiPropotedUrtSttflon 0 Co»«tol FtaH Trtl ® .FTopwwd Pov«rPf«nt BulWlng Footprint C3 Propo»«l powtr P»»rrt EK» ;A titraporary CeMtrucflon Etwincnt BEFOBE THE CHERey RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION OF THIE §TAIEt>F CALIjFORNrA «.-. 1516 NINTH STREE^ SAci^Etf id, C**5$14 1-800-822-3228 VvmW.ENERGY.CA.GOV APPLICATION FOR CERTIFICATION pocket No. 07-AFG-e i*ROpFOrt SERVICE (Revised 1H10/20<>8) signed c^ AND ermai|th^if^iiirte^ OR electronic copy of the documents that shaft include a proof of service dectaratjon to each of the individualsion \te proof of service: Attn: 15*&N!nih Street, ;MS-15 Sacramento, CA 95814-5512 docket@ehefflV.state:ca.us APPLICANT "gg^^Sl^^.Center, LL.G 1817 Aston Avenue,;Sufte 104 Carlsbad, CA^2008 TimHemlg, VicePresident- Carfebad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 APPLICANT'S CONSULTANTS Robert Mason, Project Manager CH2MHtii;lnc. 3 Htttton Cen^ns Drive, Ste 200 Sante^na, CA/927W robert.Mason@ch2iri;Com Megan Sebra CH2MHIIi,lnc, 24B5 Natomas Park Drive, Ste, 500 Sacramento, CA 95833 Meoan.Sebfi3@ch2m.com COUNSEL FOR APPLICANT John A. McKlnsey Stoel Rives LLP 980 NinlhStreet Ste. 1900 Sacramento, CA 95814 iamcklnsev@stbel.com INTERESTED AGENCIES California ISO P.O. Box 639014 e-n3cjpien^calso.com City of Cartsoad Joseph Garuba, Municipals Project Manager Manager Roii Sailj Esq., City Attorney 1200 Carlsbad Village Drive Carisbad.CA 92008 igaru@ci.cartsbad.ca.us rball@d.carlsbad.ca.us Allan J Thompson Attorney for the City Ortnda; CAf4563 INTERVENORS California Uriions for Reliabte^nergy ("CURE'} Siima Peesapaji Marc D.Joseph: Adams Broadwell Joseph & Cardozo 601 ^Gateway Boulevard, Suite 1009 South San Francisco, C/\ 94080 speesapali@adamsbroadwell.com 'Center for Biological Diversity c/o Wiiliarri B, Rostove EARTHJUSTiCE 42617* $1,5* Floor Oakland, CA 9461* wr05tov@earthjustice.org ENERGY COMMISSION JAMES D;90YD Commissioner and Presiding Member ibovd@energy.state.ca.us KAREN DC3U(3LAS Commisstoner and Associate Member kldouqia@energv.state.ca.us Paul garner Hearing Officer pkramer@enerj3V.state:ea.us Mjke Moriasmffli Siting Project Manager mrhonasmi@energy.siate.ca.us KckRatBff Staff Counsel dratM@enerQy.state.ca.us. Public Advisor's Office pao@enerdv.state.ca.us DECLARATION OF SERVICE 1, AervJfta.<t>yKgS t. declare that on • •"'--' ^ -fco& • j in the United Stetes mail at thereon fully prepaid and addressed to those identified on the Proof of Service 'list atoove. | deposited copies of the attached: with {irst-class postage OS Transmission via electronic mail was consistent with the requirements of California Code of Regulations, title 20k sections 1209, 1209.5, and 1210. A3I electronic copies were sent to all those identified on the Proof of Service list above. I declare Bunder penalty of perjury that the foregoing is true and correct CabriJlo Power 1 LLC 1817 AstoivAveiiue, Suite J04: v CA 92008 Direct Phone::760.710.2 144 October 29,:200& M'f, Terry L. Smith Senior Civil Engineer City of Carlsbad; Public Works - Engineering: 1635 Faraday Avenue Carlsbad, C/L$2608-73 14 Kef: Vista/Carlsbad Interceptor SeWer Replaceiritnt - Rcqiuicst for Easementsi Dear Mr. Smith: NRG West has reviewed ypur letter dated September 5, 2008 and a separate letter from Scott Donneil of the City'>s Planning Department daiedi September 10, 2008: to Nlike Mbnasmith of the California Energy Comniissibn regarding the City's request foreasements fortlie Vista/Carlsbad interceptor Sewer Repiacemerit project. As you are aware, representalives of Cabrillp Power I LLG (Cabrillb Power), |a subsidiary of NRG West, have met with the City on several occasions to discuss the Cijy 's reqiiesl for new sewer lift station and sewer pipeline easements {collecti vely "Easements") to replace the existing sewer iSfl: slat ion arid sevycr pipeline on the Encina Power Station prbperty owned by Cabrillo Power arid the heeds oFCabnHo F'pwer to ensure that the location of the replacemeni lift station and replacement sewer pipeline are compatible with the existing and future use of the Encina Power Station for the continued generation of electricity critical lo ihie City and the region. Gabrillo Power belicyes that a mutually agreeable jocatipn for the replacement lift station and replacemeni sewer line can be achieved Jn accordance with ^the conditions ofthe JrVecisc Development Plan (PDP 06-02) prior to occupancy of the Poseidon Dcsaiinat55n Plant. We look forward 16 ^continuing to work with the City to reach a mutually agreeable location for the : lift station ahd'the new sewer lines. We also, however, are compelled to clarify and correcl seyeral Aspects of your letter. First, we wish to clear up pne statement. In your letter you state: '^ As you may recall, the previous ywner of the Encina Power Station, Cabrillo Power, prepared a Precise Development Plan in partnership yiilh Poseidon Resources for Hie Carlsbad Segwiiter Desalination Plant. " Please be advised ,that Cabrillp Power, as a subsidiary of NRG, was and is still the owner ofthe entire Encina Power Station. Most importantly, however^ NRG iscbhipelled to correct the inference ^^ that sbrriehow the agreeinent to agree upon suiiable Easerrienisiri the fuiure in any way conflicts ^with 01 ^ is even relevant to the Carlsbad Bnergy Center Project (CECP). The POP 0Q^2 prpyis^ pending before the California Ejiergy Commission, PDP 00-02 conditions expressly state the Easements are to Mr. t^rry Sroiih Cabrilip Ppwer Resppnse Jo pi iy of Csrtsb^d's Request for Easements October, 29^200$ Page 2 of 4 be; dedicated in mutually agreed upon locationis prior lo occupancy of the Poseidon Desalination Plant. The CECP 'Project does riot interfere with appropriately sized Easements and the Easements have no effect on the CECP operations. It is iniporiain that the complete context of &^ acknowledged by tfce City; Specially, Section 7;d. of the Findings of the POP 00-02 states: "The Precise Development Plan PDP 00-02 is consistent with the goals of the South Ca risbad Coastal Redevelopment Plan :in that: d. Locating the Carlsbad Seartater Desalination Plant in a location that creates the least amount of constraints on any fiiturecbnvemw Encina pwvet generating Jaciltiy to a s^aUer^niore sei, the applicable ^Specific Plaii and the City's Redevelopmerit Plan ^Isp cCmtain similar statements regarding the common goal > of ultimately replacing the existing (older) Encina Ppwer; Station steam generating units with new generating facilities to be located pn-site between the railroad tracks and interstate 5, the exact location of CECP. CabriliQ Power:notes that various City staff statements, documents and status briefings to the City Council, and statements by various City Council members over the last year seem to ignore the specific goals -of the Specific Plan, the South Carlsbad Coastal Redevelopment Plan and Finding 7,d, of POP 00-02 regarding the future coriversipri of the Ehcina Power Station to facilitate redevelopment of the Encina t Power Station to a smaller, ihore efficient pOwer generatipn facility. The findings and conditions of PDP 00:02 were determined tp be;pf niutual benefit to the City and Csbrillo Ppwer, and were the result of a productive relationship between tjhe City and CabrillpPpwCT the City daring ;the ^^ creation of PDP ^00-02 as ^^the City's primary action approvin^lhe Poseidon Desalination Plant, Cabriilo Power is wilHrig to meet its Pbligatioiis under PDP 00-02; we trust and expect that the City will likewise meet its obligations under PDP 00-02; Regarding the specific lift station/'sewcr line Easements (as welJ as possible future the Coastal Rail Trail easement). Conditions 1 6,d. and 1-6*. of PDP 00-02 state as foliows: "16.J. Coastal Kail Trail - Prior to occupancy [i.e., of the Poseidon desalination plant], dedicate an easementfpr the Coastal Rail Trail in a location within the boiindari^ of the Precise Deyelopmerft.jPlan ttiat is mutually ace eptable to the City and Owner (Le., CabriHo ]Power| or its successor in inleit^l.'1] Emphasis added] "J6,e, Agua Hediorida Lift Station Site and Vista-Carlslwd Irirerceptor Si^'er Pipeline -Prior to |i.c^ of the Poseidon desalination plant], dedicate an easement for ibe Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline in a (ocaiiofj nithjn the boun dari&s of the Precise Development Plan fhM is mutually acceptable to the City and the Owner [i.e, CabrilipPowcrl or its successors in interest "iEmphasis added] First and fpremosti the phrase "...that is mutually acceptable to the City and the Owner*., "in both Conditions 16»d. and lo.e., is key to the discussion between the City and Cabrillo Power; regarding the ultimate loeation and size/width of the Easements to be dedicated by Cabrillo Power at a later dale. Both parties must mulually agree to the location and size of the easements which shPuJd not interfere with the —7/ Nfe Teriy Smith : Cabrilio PQ wer, Response JQ City of Carlsbad"*; Request for Ease'ments Page 3 of 4 to F Second, the liming of such dedication of nrutualiy acceptable I£asemc:nts is tied to "occupancy" of the Poseidon Desalination Plant, which Cabrilip Power understands to be at best 3 - 3 years away; PDP;bQ-02, Cpndilions loMtand 1 6.e,rnust also be r^aiobecbnsist^lW3ikFinding7:d.bfPDPOO-02,as noted above that: "The. Precise Development Flan PDP C&Q2 is w ihg goals of the Sditfh Carlshad Coastal Redevelopment Plan fn thai: </. locating the Garlsha&Seawuter Desalination Plant in ajocaiionihatcreQleslheiea^t amount of constraints on any future conversion q^ Encinti power SZtteWingjacilify iffifl smaller, more efficient power generating plant. " Therefore, the location and size/width of the mutually agreeable : replacement Easements tb be dedicated by CabrilJo Power to iheCiJy for the Coastal RairTrail and tte constraints ^^bn any future ^conversion of the Ericina Power Station to a smaller nto i.e., the Carisbaid Energy Cerrter Project, in brfe of POP 00-02: As to the issue of the iiinning of the dedicalipn bi' the Easements prior tp occupancy of the Poseidon pesalination Piant, ffie term ''occupancy" has a specific meaning in the City"^ codes and typically is related to when the City building inspectpr grants the Downer of '.a facility, in this case the Poseidpn Desalination Plantv the right to occupy and use the facility for its permitted u$e following completion ^ of construction. Third, there is no specific orimplied interrelationship in PDP 00-02 and Conditions 1 6.d. and 1 6.C; regarding the joint location of the interceptbr/sewer line Easements Ib be ^dedicated and (lie possible future CaastalRail Trail easement dedication. The 'Coastal Rail Trail ultimate ^rbut^ is entirely sejparaiefrptti the Easements and should riot be cb-tecatM with the liaserrientSi not; i$ itaccejjitablctp Cabnllp Powerip lini? the discussion pfa mutually acc^table easement locat^ jpcatjpn for the lisemcnis. Cabrijip P;,ower has suggested } aHernatiyfc locations for the Coastal Rail Trail to aypid the puter/middle lagoon rail bridge andtail^ri^ edge of the outer lagoon to Carlsbad Boiilevard, then connecting back at Cannon Road. Regarding the size of the Easements proposed by the City for the sewer interceptor pipelihej in the City's letter dated September 5, 2008, it is noted by that ah additional 20-fbot ^^ casement is required adjacent to the City's existing; ]7.5-ftot\yidej sewer easement. Thiswbii^ result in a ^^cpmDined leasernent of 32.5 feet. In accordance with the City Standards - Chapter J • General EJesign Criteria No. 10, while apublic easement for two facilities is 30-feet "unless a lesser width is specijflcalty aiH/ior/zet/A^ rt^CJA' Ew^/ni^f-'V not tile 37.5 feet noted in the September 5, 5008 letter. Further, Cabrilio has always understood that ihe Easements were to provide replacement facilities, whereas the City's letters seem to suggest the new -facilities' would be in addition to the existing Hft station and sewer pipeline. Unnecessary iiuplicative facilities and multiple easements are hot acceptable jtp Cabrillp and are not provided for in the PDP 00-02 Conditibns. At this time, Cabri]|p Power does not find me City's prbpbsed additional 26-fopt easement, combined with the existing 17.5-fopt easement tp be acceptable, Regarding ihe size and configuration for the sewer replacement lift station permanent easement and the construction laydown area tempprary easement shown on Fjchibit A of the September 5, 2008 letter, both of Mr. CabriJjp Power ftijsppiise to City of Carlsbad's Request for Easements i 2(50,8 these easements must be mutually a^eeable:in accprciance: with Condition ! 6.e, ^either Ific September ?, 2008 fetter nor its Exhibit A>j>^^ size of the permanent ^s^entor the tempera easements are acceptable. As PPP 00^02 Condition 16;e, must be read to cornpiiment Finding 7.d. (see above), the location and size of the permanent and temporary easements for the 'sewer lift station must minirnize conflicts to any future conversion of ^^tKc Ericina ^^ Power Station to a ^Smaller more efTicient power ^^gerieratingplant, which incligides the Carlsbad Energy GenterProje^iiii: order to be com Cabrillo Power and the City have: mutually, 'benefited- by a productive relationship as evident by Power's willingness to cooperatiyelyvAyprk with the City during the PDJ* ()0-02 proceedings which was a prerequisite of the City 's desire ip apprpyc the Poseidon Desalination J^Janti As the prirnary purpose of JPPpSpQ-Q2 was; to appfpye ihe desalination plant, the various conditions of PDD OCW)2 are tied to "occupancy*' of the Desalination Plant, not as 3 hdepehdent obligations in connection with any Subsequent repow^eririg projects, sucb as the Carlsbad Finergy Center Project. We trust ^ that the City is also willirig to coiitinuetb work in a prcKJuctive iind cppperttiveway t^ cphfigviratiprt sp that impprtant pfbjiect? ?uch as the repiacernent lift statipn, replacement sewer interceptor pipeline Me and th^ the mutual benefit of the City; Cabrillp Power and the cornmunity , Sincerely, Cabrilio Power 1LLC Tim Herriig Director, Etiyironmental Business Attachment; Planning Commisision Resolutioni No. 6088 - Precise Devdopinent P)an(PDP) 0^-02 Mike Monasrnith, California Energy Commission Msa Hildabrand, City Manager, City pf Carlsbad Scott Dorinell, City of^^ CarlsbadI Planning Departrneni Joe Garuba, Municipal Projects ^Manager, City of Carlsbad STOEL R I V E S S*crc.P«o«a. CiiilbniSa •SSSl-J. LA"' v CQOK October 3tK:200;8 VIA 1HAND DELIVER^ AND PER PROOF OF SERVICE ^ - J. Mike .Monasmith Siting Project Manager California Energy Commission 15 16 Ninth Street Sacramento, CA:. 958 14 Re: Carlsbad Energy Cehter Project (07-AFC-6) City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sewer Replacement- Project Dear Mr. Monasmitn: On behalf of Carlsbad Energy Center LLC. please find enclosed, for docketing correspondence to; Terry Smith, Senior Ciyii Engineer ior the City of Carfsbady regarding fe easements for the Vista/Carlsbad; Iritefceptor Sewer Replacement project o^erCabrillo Power I LLC's real property, ine! uding the proposed site for the Carlsbad; Energy Ctnter^Project, This letter willbe provided to all parties identified on the attached proof of service: RespectfuHy submitted, Allison JD. Cook Enclosure cc: See attached Proof of Service 'Ppnlnd3.-J!*47?93,l-<X>3S43*-00009 D ^:il t « tl. W Vi' I- h -; R I ii a fc (t C i> !;<> t a A t- SI- i «vn i; -i o la BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION OF THE StA^TE Op CALIFORNIA APPLICATION FOR CfRTincATiqK mwCA PROJECT p. 07-AFC-6PROOF OFSERVICE (Revised 10/30/2008) Carlsbad Energy Center Project (07-AFC-6) City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sevver Replacement Project CALIFORNIA ENERGY COMMISSION pit: Qodcet NQ. 07-AFC-6 1516 Ninth Street MS-15 Sacrarnento, CA95ai4-5512 docket@energy.state.ca. us APPLICANT pavidLIoyd Carfebad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA320Q8 Oavid:lloyd@nrgenerov.com Tim Hem^, Vice President Carlsbad Energy Center, LLC i817,Asion Avenue,^uite 104 Ca^sbad;CA 92008 Tim,Hemio@nfgenefqV.corri APPLICANT'S CONSULTANTS Robert Mason, Project Manager CH2^;Hil|a Me, 3 Button Centre Drive, Ste, 200 Santa Ana, CA 52707; robert.Mason@ch2m.com MeganSebra CH2MHilf,lnc, 2485 tvJatomas Park:Drive|Ste; Sacramento, CA 95833 Megan. Sebra@ch2m: com: COUNSEL FOR APPLICANT John A. McKinsey Stoel RSves LLP 9$QNinth StreeVSte, 1900 Sactarnento, CA 95814 iamckirisey@stoel.com INTERESTEf) AGENCIES California ISO P;0; Box 6391Q14 Fo!som,CA;9576:3-9014 e-recipient@cais6.com City of Carlsbad Joseph Garubaj Mariicipals Project Manager Ro;rv Eiall, E$^, City Attprney 1200 Carisbad Village Drive Carlsbad, CA 92008 iqaru@cLcarisbad.ca.us rball@ci .cartsfaad .ca .us: Allah JThompson Attorney lortheCity 21"C"OrindaWay#314 A 94563 INTERVENORS ENERGY COMMISSION California Unions forReliable I Suma Peesapati Dick Ratliff Marc; D, Joseph Staff Counsel Adarrjs Broadvvell Joseph & Cardozo; dratliff@energv;State.ca.iis: 601 gateway Boulevard, Suite 1000 South Sail Fra/icjspp:, CA94080 Public Advisor's Office ;spee3apati@adam^s1]badv^llj[»m pao@enemv:State;ca.us; Center for Biological Diversity JAMES.D. BOYD: c/d Williarrt B. Rpstove Commissioner and Presiding Member; EARTHJUSTICE ibovd@energv.state.ca.us ;425 17th'street, 5th Floor wrostov@earthiustice.ora Cbfnmissionerahd Associate Member k1dDU{jla@enerqy.5ta{g.ca.us Rob Simpson Paul Kramer EnvjpDnmenta.lCortsuitant Hearing Officer 27126 Grandview Avenue pkrarner@efierQV.stafe.ca.us Hayward,CA 94542 5:10-909-1800 Mife Monasmith. rob@redwOodrob.com Siting Prolect Manager mfflonasmi@ehergy.state.ca.us DECLARATION OF SERVICE 1, MariaiR Davis, declare that on Qciober:30,2008, ideposjted copies of the attached document]!! the United States mail at SacramenJo, California, with first-class postage thereon fiiJJy p/epaidjahd-acldressed to those identified on the Proof of Service list above. OR Transmission via electronic mail was consistent with the requirements of California Code of RegulationSj title 20, sections 1209, 1209,5, and 1210. AH electronic copies were sent 1o ail those identified on the Proof of Service fist above. I declare under penalty of perjury that the foregoing is true and correct. Maria R; Davis: Jaynre Foster From: Ross/Ronald{rross@BrwriGaid:comion behialf of Ross; Ronaltl Sent: Tuesday, pecernter 02; 2p08;2:OQPWl To; dgyi<dJI<^d|^hrgenei^y,cqhi Subject: Geptephnicat Springs (Cabfillo! PpwerTarik Farm) Attachments: Property QwnerConsentlfpfm,pdf;NftG 6drinangyre.|:>df Please find attachisd is the propertv ' owner consent form ^for DEH arid the ddcatidhsbf the jjropbsed borings withiri the tank farm. Thank you. for time and;assistancei Reispectfully,;; Ttmi. 9665 Chesapeake bi^ve, Suite 20t Sap .Diego, Ca|iftfn!a.-92123 (858> 51^8822 {office) (858):57i-6719 fdirect) (858) 514-8833 GARYW.ERBECK DIRECTOR DEPARTMENT OF ENVIRONMENT AC HEALTH UNDANC)^TER:9ypty: P,O; BOX 1113261, SAM blEGjO, CA 9 hASSiSTANT DIRECTOR www.sdcounty.ca.gov/dehflwq Proposed locations for subsurface worte Property Address:Assessor's Parcel Number (ARN):? ......owner of the prpperty/properties listed ajjoye, give niy permissioh to stated above, Q Install ^consulting company, contractor) tq conduct this following work at the locations monitoring 'wells!Q Destroy I understand that authorized signerfor monitoring we}|sv"" VAoot>^»-. Drill I soil borings (registered ofofessionaB of vi ^4 (drilling cornpany} have submitted a sighed application to the Department (consulting company) and an _ of Environmental Heatth'ln whic^i they haye agreed to compJete the above-stated work according the requirements of the curreht SAM Jiflanuiat, all ordinances,; and : laws of the County of San Diego and the $tate of California pertaining to well/boring construction and destruction; I Haye. arranged: with, the Responsible Party,: the person who causes to have monitoring wells/borings instated or /existing weij$ destroy^ iqntriis property, to ensure .proper closure) of the monitoring wells/boringsv. .' C" ' ........ ' ' ..... """ . '" "" " ........ ..... '-" " Property Owner Signature: ii_Date: Priht^arne:: * Company; C^_ Title: Mailing Address: OEH;^M-9503 (Rev. 5-07) --•••fNTERSTATES ™..'.v LEGEND APPROXIMATE lOCAf ION O PROPOSED BORING NRG ENERGY BQRINGLOCATIONS AGUA HEOKMOA Liri WKUUINABV DESICN REPORtCARLSBAD, CAUfOflNtA Status Update Vista / Carlsbad Interceptor Se&ef; Reaches VC11B - VG15 January 5,2009 Status: Q, Project design is being advanced from preliminary design to 50% design. o Comments from Vista, EWA and Carlsbad Q&IVI are being; incorporated- p Surveying, utility research, aerial topo and base mapping are complete. o Soil borings have been completed except fpr NRG & SDGE p;roperty.; c> B&C to provide draft plani & profile drawings for review on 1-9-09: o Manholes are currently being rehab'd. Major Project Elements: o Project will be divided into 3 construction contracts. • Bridge • Lift Station and Force (Main Replacement • Construction of Relief Sewer in Avenida Encinas o A single CEQA document wiII be prepared; for the combined project CEQA will begin once 50% design is complete o Permits will be obtained on an individual project basis, the Planning Department will ask the Cduncil to waive the requirement to Update SP144. Q Bridge design will accommodate future use as Coastal Rail Trail Project Issues and Constraints: o NRG has been slow to respond. We are/trying to get permission to do soils investigation on NRG property. o Correspondence with NRG and SDGE is on-going to acquire easements. • •_„ V s->a"-a ^ • _ '. ^^ 1^ _ * fSSii£^fts^^!x^&!^P^ Jajtuafy;7' 2QO;0 Mr, Pet Poseidon Resources 50 1.-WL Broadway. Suite' 1260 Sail Diego, CA 921P1" PDF3 00-02/CARLSB^p DESALINATION PtANT - CONDITIONS; 16D AND 16E OF RESOLUTION 6088 Dear I\fe t^acLaggah:: The City is, preparing improvement plans for three •important projects affecting; the £ncina: Power Station: -and requiring action by Poseidon Resources; These projects - ;tlie. Coastal Rail Trail, Agua Hedbncfa Lift Slatioru an^ A/}s|a-Gar!sbad interceptor Sewer; Pipeline - require easements across power plant property < As explained "below,, conditions placed on the desalination plant approval call for Poseidon i3espurc<es to cause Cabrilio Power to make offers of -dedications* for the easements. More information about the: projects and easements are contained in the attached September 2d08 correspondehce.fmrri th^ City to ' •Conditions; 3-6.U: and 16e of Planning C.ojnrri'issfon: Resolution 6088, the resolutioh approving Precise Development Plan POP -00-02, state -the 16,. Prior to issuance of grading or building permits for the desalination plant, Oeyeiqper shailcause O^rier DM'S jjiKhelsspr in interest to make an irrevocable offer of dedication to the City and/on other appropriate e^ntities for all public streets-; lands, and Ba^brneriiS shown on the Precise Development Plaii listed -below, except as: otherwise provided in the Precise Development Plan The offer shall be mad® by a separate dbcumerit. All land so offered "shall be offered free and clear of afl liens and ehcumbraj-jces and without cost. Streets 'that are already public are not required to be redetiicated. d. Coastal Rail Trail - Prior to occupancy, dedicate :an easenne.n!: for the Coastal 'Rail Trail In a location within the boundaries of the Precise' beveioproent Plan that is mutually acceptable to the City and OwrMrof its successor In interest. e, Agua Hedjonda Lift Station Sits and Vista-Carlsbad Interoeptpr Sewer Pipelme - Prior tc ooctipancy, dedicate an easemeftt- fp£ tire Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline, irr a location • within the boundaries of *h$. Praclse Development Plan, that is hiiriuslfy acc&ptablalo the City • and Ownet or its successors iiV'hTteresi'. y •?•,. 2009 POP OO-CKZ/cARt-SBAiJ 6££AtlNAfibft PLANT- CQNDlf JONS 160 AND 16E Of B.ANNIhJG RESOLuf ION 6088 In .theVabpye, "peveloper^ js J^Qselidon:- Resources Ghanneiside LtC: aiici "Owner" is.CabriiJo White tHe above conditions; note- they are ta be fulfilted before desalination plant occupancy;, the- thre^projects have1 advanced fo ite point thgt easement dedipatiori is appropriate now. Tlierefore, cily staff respectfully- requests Poseidon" Resources; if It has yet to:tlo;' so, begin discussion on fulfilling these cOhditio]lS:WithCai>ri!lo;PcAver. We appreqiate your ^assistance., Please contact roe- if ypultave^any qu^stlans Qfw<3u(d;'like to meet. I can be contacted1 at t~60) 602-2765 o _ ':/*- . TERRY L. SMITH Senior CiVil Engineer c: Scott DcfineU, Senior Fitnner Joe Garuba,J!\^unicipaJ Projects Manager JayrrieFbstefr From: Terry Smith Sent: Thursday, January 15- 2009 5:3$PM To:- david,llpyd@nipfhergy.cqm' Cc; Ross.-Eonald Subject: Vista Garlsbad Interceptor Sewer Meeting Follow Up Flag: Follow up Flag Status;; Flagged David, J w^ifbe outof trie office pnFriday:ari4l^or|day, but I would like to set tip a meeting: with you for next week: I am ayailaiale anytime Tuesday through Friday, except for 7;3Q to 9:30 on Tuesday; Ron Ross from Brown and Cajdwellwiil be attending also. Please copy Ron on your response to this e-mail so that tie can plan to attend. Thanks, Terry L. Smith Senior Ehgineer ,Qity-pf Carlsbad- Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 {760} 602-27B5 tsmit@ci .carls bad, ca. us Jayme Foster From: Ross, Ronald {rrpss@BrwnCald.com] on behalf of Ross, Ronald Sent: Bidayr;Jariuary23,2Q093:Q^PM T6: d0S/id,|loy^nrgenergy.cohni Subject: Ge6technicalBbfingf(Cai3riflo;:Power Tank Farm) Attachments: PropeFtyOvvnerGonsentForm.pdf David, Please find attached is the property owner consent form for DEH for the proposed bbrings within the tank farm. Thank you for time and assistance, Respectfully, T&r&JL !P.£.. . Civil -. £*tg JHtt.ryi.- 9605 Chesapeake Driye, Suite 201 San Diego, California, 92123 (858) 514-8822 {office) (858) 571 ^719 (direct} (858} 5 14-8833 '{fax) DI*ECTOR DEJ'ARTOiENtpF LAND AND VVAJER QUALITY CWiSJON PvO; BOX 129261; SAN DIEGO; CA-'s JB19-338-2222/FAX 619-33S-231 SMiJOO W*»;.sdcbunty ;cia.gov/deWIwq •efc DASSISTANT DIRECTOR Proposed locations for subsurface, work: Property Address: PROPERTY 'OWNER CONSENT Assessor's Parcel Number (APN): j owner of ttie property/properties listed above, give my permission to stated above. Q Install (consulting company, contractor) lo conduct the;tblldwing work at the locations monitoring vyeils Q Destroy ^____ monitoring wells (registered professional) of \\JK<\ frilling company^ Drill t soil borings (consulting company) and an ^^submitted a sighed application jo the Department J understand that :auiriorized signer for of EnyiranmentarHeafth in which tliey haye ^reed to complete the above-stated work according the requirements of the current SAM -Aflahuiai, all 'ordinances and laws of the County ofSan Diego and the State of California pertaining to well/boring construction and destruction.: I nave arranged with the: Responsible Party, the person who causes to have monitoring wel|s/bpnngs installed or existing wells destroyed on this property, to ensure proper closure of the mohitoriftg weilatorings. " ' Property Owner Signature: V /Date: Print Narne:Tlfe: Company: Mailing Address: DEH:SAM-9503 (Rev.r5-07): Jayme Foster From: Terry^Smith fTSmit@ci.carlsbad;ba:;jus] Sent: Friday, January23,2QO& 2:35 Rivf To: David.LLoyd@nrgeneiigy.cotfi Cc: Ross, Ronald Subject: Approval for Soils Investigation Foljpw Up Flag: Foi|o\vup Flag| Status: Flagged David,, Ttianksfortaking the time to meet with'us yesterday. I appreciate your^cooperation during this somev/hat difficult period between NRG and the Cityi I am hopeful that we can ,get:your approval (signed forms for the County) sometime: next week so that the soil borings can be performed in early February. If you have any; questions pr further cbncernSi please contact Ron Ross in my absence, I will be out'.of the office on Monday and Tuesday next week. Thanks, TerrySrnith Terry LSmith .Senior Engineer City of Carlsbad- Public Works Ehgineering 1635 Faraday Avenue Carisbad; CA 92008 (760)602-2765 tsmit@ci.carlsbad;ca.us January 30, 2009 JVIr. Mike iybr)a$mith Siting ProjeciManager Sacramento, CA 95814 RE; City of Carlsbad Comments on Preliminary Staff Assessment of Carlsbad Energy Center Project (07-AFC-6) Dear Mr. Monasmith: The City of Cartsbad submits the following comments on the California Energy Commission's PreJimiriary Staff Assessment (PSA) of the Carlsbad Energy Center Project (CECP). Foi^ ease of use, issues raised in this ^etteir sire presented in; the same order as th^ PSA, Page numbers |example 1-1) are referenced where appropriate. If you have any questions regarding the issues the City raises please do not hesitate to cpntiact me at <760) 434-2820 or at jgaru@ci.carlsbad ,ca;us. Respectfully, <Joe Garuba Municipal Projects Manager City of Carlsbad Enclosure JG/ad c; Proof of Service List (Rev. 1/12/2009} 1?0d Carlsbad Village Drive • Carlsbad, CA 92008-1989 * {760) 434-2821 • FAX (760) 720-9461 January 30, 2009 City of C3risfc>3d Corn merits p n CECP PSA {07-AFC-63 CECP inconsistent with ail applicable^ land use laws, ordinances, regulations, gnd standarcte. 2-3: Agency Cwrdifisitip Hie list of agencies with applicable LORS needs tb include? the City of Carisbad. Since the release of the PSA, the CECP has been directed by GEC staff to submit project information incorporating Caltrans widening pf Interstate 5, This information will undoubtedly affec| areas such as Visual Impacts^ Wforker Safelyi Ndise, and Air Quality (depending on mitigafiprt), The £ity looks forvv^rcl to the Applicant's; response to this: request and; will provide additional comments/que^ons pnce the GEC staff tias; an ^opportunity to review and analyse Applicant's response. jprpjectDescriptipri i-^ Section 3 3-1: Parcel size Is not 23 acres but 32 acreis- 3.-1: .Please include a comprehensive site plan which, contains the boundaries of, the widened J-5 Freeway, the proposed CECP, and the expanded Carlsbad-Vista Sewer Interceptor facility. 3-2; Please reflect that the Applicant is a merchant power provider and as such has ihe ability to sell power to anyone, not just SDG&E. A!stiv please reflect that at ^ie time of the: PSA comment deadline, NRC5 still has not secured a power purchase agreement withSDG&E, 3-2; Schedule seems overly optimistic. Please reflect a more realistic schedule, such asr .. 2nd Qusirter 2010 - CECP constructfon begins (30-36 months; including demoHtion) 2nd Quarter 2Q13> CECP Startup and Testing 3-3: Capital cost of $440 million appears to be low; Please verify capital cost of project 3-3: Water discussion is not accurate* As has been stated on numerous occasions, the City of Carlsbad does not currently have the reclaimed water capacity available to supply the proposed CECP (see Clarification of Carlsbad Municipal Water District Reclaimed Water fupply, dated February 20^ 2008). Please reflect that the Applicants proposed d(Bsa|inajtiQri water i&;the ONLJY supply of industrial water for the; CECP. 3r3: Use of the City's sevyer system for industrial wastev^ater discharge is not considered an option. Please reflect that the Applicant's only source for industrial VyfastevwaWdischarge is use of the existing EPS Oc^an oufifeli. Page 3 of 45 January 30, 2009 City of Carlsbad Comments on CECP PSA 3-4: The gtimfnary discusisibn on Zoning/General plan ignores the requirements of the South Carlsbad Coastal Redeyefopnnent Area (SCCJRA) Plan which applies from ^a 1dMu^:\i^Ji^r|^ir^'j^!hi''the. Redevelopment Plan indicates that electrical power- generating facilities are ipnly perrnitfed if the findings of extraordinary pubfic/purposeare made by the legislative body;, Please; explain i why the ^requirements of the SCCRA Plan were ribt considered in 3:4; In the} lisf of other project-related features and facilities, include the planned 13S kV switchyard^lbcatibf1shbWn;oh Figure^ and the transmission lines considering thejr jprbminence (nine poles with heights between 74 and tbd-feet). 3-5: " Noteworthy Public Benefits The sumrnaiy discussibn on public benefits indicates that the project will accomplish a bfownfield redevelopment of an existing power plant for a net increase in electrical capacrtyi Please explain and/or clarify'the meaning of this public ben^tfrofn the CEG's perspective. City staff does not believe that the proposed project accomplishes brownfield redeyejbpment because the; industrial use is being continued and there is rib guarantee that the existing |>o\iver plaint will ever be demolished and the site redeveloped; From the City's perspective, the proposed project only intensifies an industrial use ori the site and accomplishes no redevelopment While increased or reuse development on an Inland brownfield site may be in the best interests of the state, increased industrial intensification in a prime coastal location; is not in the public's interests. 3-8: Project Description-Figure 3 - This fig;ure is difficult to read because of its small size jand amount of detafejftwoj||c|^e a more helpful exhibit with these changes: • Please enlarge the exhibitsfee <e.g.T to a fold-out t.1 "x17" exhibit), • Label and, as necessary, identify relevant adjacent features, sucK as the jjgporr, the wideried I-5j trie expandled Carlsbad-V^sta Interceptor Sewer did lift station, the Coastal Rail Trail, Carlsbad Seawater Desalination Rant, homes in the adjacent Terramar development,,and the Wiest Resort • Use uniform, larger,, and bold street name fonts ' Environmental Assessment Air Quality— Section 4.1 City provided extensive comments to the San Diego Air Pollution Control District {SbAPCD) on its Preliminary Determination of Compliance (PDQC) and has docketed those comments witfi the GEC, Since the release of the PSA, the CECP has been directed by CEC Staff to subrnit project information: incorporatihg Caltrans widening of Interstate 5. This information will - Page 4 of 45 January 30, 2009 City of Carlsbad Cpmmeints on CECP PSA |07-AFC-6) Sewer, AguaHedionda Lift Station and 1^-5 widening projects as ''foreseeable," meaning they are dye' a:c6rtipreKen$ive analysfe. VVhile the PSA analyzed the compatibility of the$e projects with the pfoposeci GECP from a land use perspective, it fails to provide a comprehensive analysis of compatibility; This is important as components of a project of note may rentier as infeasibiei .'£ feature of mitigation m^asui-e of the proposed GECP. It is not also possible to determine^ compliance with dimensional requirements, such as setbackSi of the Precise envelopment Plan. As th£ PSA does not provide any analysis from 3 spatial perspective, it; is not possible jtp know how the proposed CECP \yoold "fit" with the projects of note and with land use regulations. Additionally, the PSA fails C'tb, consider the irn^acts the prpjects of note may have on critical aspects *»f the proposed GECP and vice versa, including irt the areas of Vjstial Resources, Traffic and transportation, Noise and Vibration, and Hazardous Miaterials^ The PS/V a|§p nfeeds tp; fully report on cumulative impactsi that may result from construction of the projects of note sfmultarieousiy with the (proposed: CECP. To help dernpnstrate compafiWlity, the PSA must includd at a minimum a fully dimensioned and scalable site plan(s) to legibly show how the proposed CECP would "fit" with the projects of note. In addition to the CECP, the plan : 'needs to include the proposed new and relocated switchyards and CECP >} improvements proposed west of the railroad tracks. The plan needs to show dimensions between critical features, such as the distances from the proposed CECP improvements to the proposed Interstate 5 right of way (widened condition), the proposed Vista Carlsbad Interceptor Sewer easemenjk, the proposed Agua Hedionda Lift Station, and the existing West ^'Resort' • b. The approved Carlsbad Seawater Pesalinatiprv Plant (CSDP) lias intake ancf discharge pipelines to the EPS ocean outfalt. Similar outfall pipelines of the proposed CECP may conflict with those of the approved project. Be advised as well that the CSDP proponent has submitted a Consistency Determination application to the City to make changes to the CSDP. The ' changes including;: a realignment of the plant irt a north-south direction, so it extends parallel with the railroad tracks and in the location Where proposed CECP outfall jntate and discharge pipelines are planned to cross, c. City staff does not agree with the following sentence from 4.5-37 Page 25 of 45 Page 1 of 2 Smith - RE: Approval to Perform Soil Borings ^ .. From: Terry- Smith To: Lloyd, David Date: 02/19/2009 12:46 PM Subject: IlE: Approval to Perform Soil Borings CC: Herhigj Tim David, A response letter has been bouncing around here for a number of weeks a§ everyoneputs intheir comments. I;arn told the letter should go out nextrweek, TJie letter is primarily coming from thePlaniuhgPepartment since most of ttie issues .raised were issues related to PTJ>FOQ-02. These issues need to be addressed andiresblyed before we can expect to acquire .easements[from you; however^ I >^s hoping that we woul<ibe able to at least proceed with our geotechnical investigatibnv We are probably not ^ othpr issues bet^eien the City arid NRG. If we only had engineering issues to resolve, I am sure we could resolve those in short meeting. As I told you in our last meetingy when the City's consultant has laid but a plari & profile that is cohslructable ajid acceptable to oii^f Q&M:^taf£, vye wfll kriow if we can back-off!o!3t the amount of easement we need. Lknow we;need a minimum of 10-feet, but at this -point I can't back-offJfrom the 20'we requested. I expectto have a plan & proTile some time next moiith that we can all review. The 9' utility tunner has caused us a number of problems that we are working through. I would be glad to come over tomorrow and answer any questions you may have about our easement needs and facility layout At this point in time, I only need yoitf approval as owner to sign the County's form so that we can perform the soil borings on your property; Most of the borings are located in bur current easement. As we discussed in our last meeting, we will certainly ^comply with any safety meetings that heed to occur before our driller accesses your site. I hope-you will reconsider ybto position on the issue of granting access for our soils investigation prior to resolving the larger issues. If you have any further questions, please call me. Terry L, Smith Senior Enigineer City of Carlsbad - Public Works Engiheerinjg 1635 Faraday Avenue Carlsbad, CA 92008 tsrnit@cKcarlsbad.ca.us »> On 020 9/2Q09 at 11:41 AM, inmessage <AA9F67950F82AC488BD6I8AlA^48888Ad452BDlC@HQ2K3MAlL02.nrgen^^^ <Da\dd.LLoydi@Mgenergy;com>%qte: 1 am rernlfidedl that we have not had a resbpnse to the letter sent several months ago - a copy is attached. Drilling in the additional sewer line easement area is a problem until we solve the larger issues. David Llpyd NRGWest 1817 Aston Avenue, Suite 104 CaflsbactrCA 92008 ^ s Gelk 760-535-2058 • /**• /^-fi Jr Office: 760-710-2147 iile://C'.\Documents and Settings\Tsmit\Loeal Settings\Temp\XPGrp Wise\499D54AFG W-DomainPO-F. . . 02/20/2009 Page 2 of 2 ? Fax 760-918-0310 )rSmi^ To: tipyd; David : Subject: Approval to Perform Soil Borings DayicJ,.. ... ' • .-.:..-.please keep me posted on your ^progress with this Issue. 1 am hoping that we can resolve tnis issue by the end of next week so iihatl^ah get:the driller diittftere by,lhe 2nd week cJ March :atthe latest Let rne know if there is anything i can do to.heip expedite the process. thanks, : L Senior •Engiheef Gity;of <par!sbad- Public Works Engineeriilg; 1635 Faraday Avenue Carlsbad, GA 92008 1760)602-2765 :tsmii@ci.car!sbad;ca;us fxle://C:\DocmTientsandSett!ngs\Tsrmt\Loca]Settmgs\Temp\XPGrpWise\499D5^ 02/20/2009 City of Carlsbad :"'' "*-• j&. • •." ' :' • •• '^***^i»fcp^ipap«BMi^»''ift»f •MMimMMPMtfil February 19; 2009 Tim-Hem ig. Director, Environmental Business CabriiloPowerlLLC Suite 104 1817 Aston Avenue Carlsbad, CA 92008 SUBJECT: EASEMENTS FOR VISTA/CARLSBAP INTERCEPTOR SEWER PIPELINE, AGUA HEDIONDA LIFT STATION, AND COASTAL RAIL TRAIL Deaf Mr. Heriiig; Thank you for your letter of October 29, 2008, regarding the Vista/Carlsbad Interceptor Sewer Replacement pirpject as it relates to the proposed Carlsbad Energy Center Project (CECP). The letter responds to a September 5,200$, letter to you from Terry Smith, Senior Civil Engineer, on the same subject. We appreciate the clarification that Cabrillo Power I LLC (Cabnllp Power) remains the owner of the entire Ehciha Power Station. The City also acknowledges^ as your letter notes, the several cooperative meetings over the past years in which we have discussed die replacement of the Vista/Carlsbad Interceptor Sewer Pipeline arid the Agva Hedibnda Lift Statiori, the development of the Coastal Rail Trail (CRT), and the need for easements (collectively "Easements") for these three projects. City staff appreciates this cooperation and looks forvyard to a continued productive relationship. It is necessary to respond to and clarify several points raised in your October 29 correspondence, and that is this letter's purpose. SpecificaHy, our response will address: 1. The primary purpose ofPrecise Development Plan PDP 00-02; 2. The relevance of PDP 004)2 conditions of approval to the proposed CECPi particularly with regard to the: needed Easements; 3. The relevance of the Easements to the CECP; 1635J Faraday Avenue • Carlsbad, CA 92OOB-7314 • (76Q) 6O2-273O • FAX (760) 6O2-8562 Easements fp$ Vista/CarlsbadInterceptor Sewer Pipeline, Agua Bedipnda Lift Station, & Coastal Rail Trail Febriiajy19i 2009 Page:2 ; : : . 4. The Redevelopment Plan gpal to facilitate the redevelopment of the existing power plant and the relationship of the Easements and the prbposed CECP to this gpal; and 5 1 Siting pbssibiiities and constraints for the CRT. Each of uhese five items is addressed below. .).. The primary purpose of Precise Development Plan PDF 00-C& Ifrmr ^letter states the primary purpose* of PDP" 00-02 was to approve the desalination/ plafit prppbsed by Poseidon Resources €hannel$ide IJLG and approved by the City %2006;/PDP 00-02 actually had two primary purposes: Firstj, as stated in the intrbduction to the approved Pt)P document, >fthe [Pl^P] is intended to serve as an inforjnatibn and regulatory Document to meetthe City's Zoning requirements ^ for the; Public iJtiHtyZbne as the 2»he applies to the Encina |>pvwr Station (EPS),'- Second; as the irrtrpdvibtioft also notes, "the PDJl is alsp the primary approval process for the Carlsbad Seawater Desalination Prpject.,," 25oiung Ordinance Section 21,36.030 stales in; part that "fid building permit or other entitlement fpr any use in thejP-U zpne shall be issued until a precise development plan has been approved for the property," Approvalpf PDP 00-02, therefore, was necessary to enable Cabrillo Power to obtain permits for any improvements at the EPS, regardless of the desalination plant, Finally, Cabrillo Power's original submittal of POP 00-02 in Sepfember 2000 did not include the desalination planter any Bother ^ deyelpprhent plan, ilie document was first subrnitted lo jMTpyide ^baseline information on existing EPS structures and meet the above stated Zoning Ordinance requirements, among other things. Not until Klay 2002 was the PDP 00-02 application amended to include the desalination plant. The relevance of PDP 00-02 conditions of approval kto the propose^ CECK At the bottom of the first page, your letter states 'Hhe PDP 00^2 provisions for the Easements are unrelated to the proposed CECP application pending before the California Energy Cbmmission.*7 Furtheri a sentence in tfie letter's final paragraph cpnclucles, *'.,.the various conditions of PDP 00-02 are tied to "occupahcy" of the Desalination Plant, not as independent obligations in connection with any subsequent repowering projects, such as the Carlsbad Energy Center Project" City staff disagrees with your interpretation; Requirements for the Easements, as well as ^ther requirements outlined in the PDP <)0-02; conditions, are iiideed related to the proposed CECP and any other potential development at the EPS besides the desalination plant Although some PDP 00-02 conditions are tied to A6 permitting £r occupancy of the desalination plant and/or involve the plant's applicant, Poseidon Resources, those conditions also obligate Cabrillo Powerj the EPS bwner and PDP joint applicant with Poseidon Resources. paspnvents for Vista/Garlsbad Interceptor Sewer Pipelincy Agua Hedionda Lift Statibny& Coastal RailTrail February 19, 2Q09 Page 3 _ : _ . _ ' . _ ___ Additionally, several other PDP 00-02 cpndiitiohs do not irivpjye th<s; desalination plant or Poseidon Respitorces and are solely obligations of CabrHlo Power. Conditipns 171) and 17ii), for example, requiring Cabrillo Power (or its successor in interest) to pay a drainage fee and constrUcta drainage facility "prior to; the issuance of any grading or building permits for construction within the Precise Development Plan area, other than the desalination planL.," All conditions discussed are contained in f the City Of 'Gar) sbad's Planning Commission Resolution 60818. Conditions 16d., and 16e; of Resolution 6088 are listed^ below and require Ppseidon Resources to cause Gabrillb Povver to rhakei irrevocable difers of dedicatiorJ for the Easernelpts; 16, Prior to;issuani£ pf grading oy building permitslfOT\^ des^matipn plant; Developer shalj cause Owner or its- successor in interest to make an irrevocable i offer of dedication to the Gity and/or other apjvppriate entities for all public streefe, lands, and easements shown on the Precise Deyelppment Plan liste<i belowj except as otherwise provided in the Precise Developrneht Plan,TJbe pifer shall be made by a separai? dpcunierii. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets thiat are already public are not required to be rededicaled. di Coastal Rail Trail — Prjpr to Pccupancy, dedicate ah easement for the Coastal Rail Trail ma location within the boundaries of the Precise Development Plan that is mutually acceptable to' the City aiid Owner or its successor in interest. e. Agua Hedioirtda Lift ^iatipn Site and Visla-Girlsbad Interceptor Sewer Pipeline - Prior to occupancy, dedicate an easement for the Agua Hediohda Lift StatiPn Site and Vist^-Carlsbad Iiiterceptpr Sewer Pipeline in a location within the boundaries /of the Precise Development Plan that is mutually -acceptable tP me City and ih interest. In the above, ^'Developer" is Ppseidori Resourci* Channelside LLG, the desalination project applicant, and ''Owner" is Cabrillo Upon conditioning of PDP 00-02 in 2006, the i City chose this "prior to occupancy" deadline merely to ensure the timely fulfillment of these important conditions as they provide dedication of easements for critical sewer infrastructure and a partially completed regional trail. Therefore, and contrary to what your letter appears tci suggest, this deadline does not change the fact that dedication is an obligation of Cabrillo Power to fulfill and is certainly applicable to the proposed CECP. Furthermore, when the; conditions were approved in June 2006, neither the proposed CECP nor any other project by Cabrillo Power or another entity had been proposed at the EPS to which; the conditions could be 100 Easements for ^ista/GarJsbad Inferceptor iSewer Pipeline, Agua Hedfonda Uft Station, & Coastal Rail Trail February 19,2009 Page 4 ; attached. Finaily, recognizing Poseidon Resources* obligation per the conditions to cause Cabtijlofovfatornake the dedicartibn offers, city staff harsent^a letter to the company requesting its cooperation in securing the Easements per the conditions. 3. the relevance of (fie Easements to the proposed CECP. The above discussion clarifies the timing of; and responsibility to fulfill, the: conditions retiring the E^em<i|lts; In no wayi however^ do the conditions suggest the proposed GECP and Easements are unrelated. For context, condition 16d> requires an easement dedication of Uie Coastal Rail Trail, a bike/pedestrian path planned between Oceanside arid San Diegb; Condition 16e. requires dedjcatibni c^easerhents for the sewer pipeline and lift station, which were constructed in the late 1960's and have either reached theiruseful life or are undersized to meet the future needs of the area. They are part of the critical stwer infrastructure serving tensof thousands of residents in Carlsbad and Vista and are jointly-owned by both agencies. For at least 5 years, Carlsbad has consulted with Cabrillp Power to plan the, alignment of the CRT and to replace the sewer interceptor and lift station; As you are aware, this alignment isfairly constrainedtiirpugh the EPS property. TJiesecpns&aints are caused by the existing sewer and trail alignments to the nortK and south, existing power plant improvernentsy th^ approved desalination plant; Interstate 5, flie railroad^ and the lagpqni Of course, the existing sewer alignment is located within the proposed CECP site, just inside its west boundary, and the existing lift statipft is just norfli of the proposed CECP. In an effort to minimize impacts to the EPS, the Cityr has jdentifled the ability to co-locate the space needed for both the sewer pipeline and the CRT. More information on locating the CRT on top of the sewer pipeline is provided in item five below. Despite statements iri your letter to the contrary, consideration of the Easements must occur^with^^the planning of ^the proposed CECP bewuse of the constraints and location of the existing sewer improvements noted above. Furthennbre^^^^in reyiewing documehts that your company has submitted to the California Energy Commission (CEG), NRG reflects CECP component that are located on top of the Easements. Clearly this is not accurate and needs to be clarifjed for the CEC's deliberations so that improvements to the sewer system and CRT are not jeopardized. Additionally, it is imperative that the existing sewer facilities be replaced as soon as possible due to the age and poor condition of the systein. This important sewer replacement project must remain on schedule and cannot be delayed by the process of acquiring easements without exposing the lagoon area to an increased risk of a sewage spill. City staff looks forward to continued discussions witii Ciabrillo Power to finalize the dedication of the Easements. However, if these discussions do not occur in a timely manner, staff will recommend the City Council explore alternative ways of obtaining required easements. (01 Easements for Vista/Carlsbad Interceptor Sewer Pipeline, AguaHedionda Lift Station, & Coastal Rail Trail Page'S- 4, The Redevelopment Plan goal to facilitate the fed&velop^nf'ofjh&ei^ing'pawe? plant and tH£ relationship of the Easemeni^n^ the proposed CECP ^ South Carlsbad Cbastal keclevfilopfinent Plan is "fatilitatlrig the redevelopment of the Eiiciniajpower-g^neratirig facility to a smaller, tnore efficient power1 generating plant." Your, letter notes that to be consistent with this goal, the location and size/width of the Easements for the GET and server pijSeJine and Ji$ station must nutiimize constraints on me proposed CECP. To clarify^ this Redevelopment Plan goal contemplated redeyelopment, or replacement, of the existing power plant, it did not contemplate Carlsbad Energy Center LLC's proposal to deyejop^ additional p^Sver plant (the proposed CECP) with no; guarantee, of existing power plant removal Additionally, the goal 'is not site specific; while the currently proposed CECP location has been ; discussed as a:likely place for a niew power plant, rib particular site was targeted by the Redeveloprnent Plan. Third, this particular goal must be balanced with other Redevelopment Plan goals. For example, "eliminating blight and environmental deficiencies in me Project Area" supports : the need for replacement of Mwef facilities that;,are outdated and inju^iqiiate to accommodate fiiture growth. Finally, and as your letter concludes^ the City and Cabrijlo Power should continue cooperative discussions to determine mutually acceptable locations for the Easements. 5. Siting possibilities arid constraints for the CRT. Your letter sets forth CabriUo Power's position that it is not acceptable to co-locate the CRT with the easements for the sewer pipeline and lift station ^ and that the ultimate route of the trail is entirely septate frbin the easements for tl^ose facilities. Moreover, the letter suggests an alternative CRT routing that would avoid traversing the EPS. As its name implies» the Coastal Rail Trail was originally approved in cbnceptual form to parallel clpsely the irajjrbad tracks betvVeen Oceanside and San Diego; HbweVerv as discussed in Planning Commission Resolution 6088, Finding 13, the CRT "...cannot be accommodated in its originally intended location within the North County Transit District Railroad right of way due to various reasons including space limitafions, security ^ and safety concerns." Despite these limitations, it remains the intent of agencies planning and fuhdirig the CRT to locate the trail along and near the rail corridor as much as possible. In Carlsbad, parts of the CRT have been constructed north and soutii of the EPS. Since a railroad right of location is no longer feasible, the PDF identifies the CRT as **.,,.an allowed and supported land use with the Precise DevdopjnehtrPlmi;" It further goes on to describe an alignment that would cross the Agua Hedionda Lagoon on the existing bridge supporting the Vista Carlsbad Interceptor Sewer and then enter on and continue through the EPS property nordi to south along Interstate 5. Because this suggested alignment appears difficult to achieve due to contemplated freeway widening; the City's Engineering Department has identified that the Easements necessary for the Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal Rail Trail FebruaryTl9; 2009 Page 6 ' ; :______ Vista Carlsbad rnterceptoif Sewer replacement would be adequate to accommodate the CRT, Ybuf letter suggests an alternate routing of the CRT that would avoid the EPS and thus an alignment within the PI)!*. This alternate would extend along the north shore: of the lagoon, then south along Carlsbad Boulevard^ and then east along Cannon Road; la connect with the original, contemplated alignment of the CRT. This ajtemate route is unacceptable because it deviates from the desired alignment and would not be practicable to build; It Would require crossing under the existing railroad arid interceptor sewerbridges that traverse Agua Hedionda Lagoon. Further, locating the trail along Carlsbad Boulevard would require Widening of two street bridges. Instead, development proposed at ihe EPS must accommodate the CRT in an alignment closely paralleling the tracks as intended. As stated in both our letters, the City looks forward to continue to work with Cabrillo Power in an effort to mutually achieve our goals. Alongthoselines, we will contact you within me next two weeks to schedule a meeting. In the meantime, if you have ariy questions of desire further clarification, please^ contact Terry Smith, Senior Civil Engineer at (760) 602-2765 or Scott Ponnell, Senior Planner, at (760) 602- 4618. Sincerely, GLENN PRUIM DON NEU Public Works Director Planning Director c: Lisa Hildabrand, City Manager Ron Ball, City Attorney Debbie Fountain, Housing and Redevelopment Director Joe Garuba, Municipal Projects Manager Terry Smith^ Senior Civil Engineer Scott Donnell, Senior Planner Jayme Foster From: Ross, Ronald [rrpss^BrVi'nCald.cprn] on behalf of Ross, Ronafd Sent: Wednesday; Marcfi 11, 2Qp9;3>;22 PM To: davidJJoyd@nrgenergy.c6rn Cc: Terry Smith Subject: Geptechnical Borings (Cabrillo Power Tank Farm) Attachments: NRG Boring Figure.pdf;: Property Owner Consent Form.pdf David, Please;find attached jsthe property owner consent form for DEH and the locations of the^ proposed borings within the tank farm. Thank you for time and assistance, Please feel free to contact me or Terry Smith if you have any questions, Respectfully* 9665 Chesapeake Df'ive, Suite 201 San Diego, California, 92123 (058) 514-8822 '(Office) (858) 571,6719 (direct) (858) 514-8833 (fax), inH GARVW.ERBECK DEPARTMENT OF ENVlFtONMENt AL HEALT H McK.M!U.£R' ASSISTANT DIRECTOR p.p. BOX. mie; sA>i Dieoo, PA 618r33«-2222/FAX 619-S38-231S/1-800-253-99J3? PROPERTY OWNER CONSENT Proposed Ideations for subsurface work: Property Address: \ Assessor's Parcel Nymber (APN): .....,, owner of the prppeityyproperties listed above, give; roy permisferon to 'stated above, {consulting cprnpany, contractor) b conduct :the follovying work at the locations D Install _ mortftdring.weHs Q Destroy _ monitoring vyelis £3 Drill _,_!•. soil borings:Q_,_!•. I understand that MoTrfe-gKh (registered professtenaiy of TOVxv^?^ ^oca>\, (consulting company) and ah authorized signerfor vj f^g>0^>; ' pH vi^A '(drilling company) have submitted a signed application to the Department of EnvironfTienta) Heafth in which/ tiiey have agreed to complete the abpye-stated work according the requirements of the ciJrrrent SAM Manual, !iall ordinances andiaws of the County of S an piegp and the State of CaHforniaperta qon$truction and destruction^ I nav^ arranged w^h the Responsible party, the person vyho: causes to; have monitoring welis/boijngs installed or existing w^ls destroyed oh this prbpei^; to e^• . . v ". ...... '" • """ " "•" ' ...... * ". Property Owner Signature: ** _ ; _ •:; _ Date: ;-;•;•. _ Print Name: ^ _ , ... . _ .. _ :.. . Tifle: ''.'" ":" "-'^ _ Company: Mailing Address: DEH:SAM-95Q3 (Rey. 5-0?) EXHIBfTA NRQ ENERGY BORING LOCATIONSAPPROXIMATE LOCATION OPPROPOSED BORMG AOM HEOIOKO* urt STADCMPRCUUINAOy OESIOV OAUTCRNSA Jayme Foster Prom: Kbdis, Marc [Marc.Kqdis@nrgenergy.com] Sent: Friday^ Mafcri 13t.2009 1:52 PM To: . Ross, Bonaid Subject: Call this PM Follow Up Flag; Follow up Flag Status: Flagged Categories: Green Category j am running over on a.calL. Can we move pur call to 2:30? Marc A, KodiSfPB Regional Engineering Manager NRGWest Suite 104 I8i7 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 \tn Jayme Foster From: Ross, Donald Sent; Monday, March 16, :2dQ9 10:2:8 AM To: Kddls, Marc CcX Terry :SmSth Subject: Agua Hediohda LiflStatiori - Force Main Attachments: FM Plan and Profile.pdf Mare; . Attached is the proposed plan and profile for the force main thru the tank :farm. Please feel free to contact me if you have any questions. . 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March 17, 2009 10:51 AM Jo: Kodis, Marci Cc: Terry Sfnith . ,•.... Subject: Agua hfedibnda. Lift Station - Force Main^ Marc, • Attachedis; a crosssection for theutilities in the corridor wespokeabout on Friday. Dimensioned are some of the:U^iiity easements in thearea. The trench Ss:sh6wn as B^feet in width (minirnurri width). The remaining; width of the:20-feet easement would be for equipment access (excavators, pile drivers; ;etc.)v Also included is an as-built drawing for the 9' tunnel that has utility information in the same area. Feel free to contact me if you need anything else, NRG Cross 137269S403.pdf Sectron.pdf Respectfully, 9665 Chesapeake Drive, Suite 20,1 San JDiego, Califorhia, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (856) 514-8833 (fax) Railroad Right-bf-Way Existing :Sewer Easement 5VO" Gas Esmt 12"HPC3as Existing 42" Sewer 2Q'-Q" Additional Sewer Easement Telephone Easerheht \ 01 2" Telephone New 32" to 34" Force Main C ML. Oil. »« 1 Mi'* •/ft* 0«M I. Tj ?&, 9- •asb. H-T*f >! .[l^l/tei-e.ef^li-**'.* jjayjtrtii^et^^«e«w-,jr.. OKI «M*. -H-^-.^o. <k(AVAT>«M i.Mt-%Vu<p »^u^w gfe'TI'PKJf'*'36r8t>'«st I'»K» seeriPNi '•&-&' tSALl 'XV *IO' ,.Jf <«m49 -PCMn'i Mt* H ffgn J; LA'1 VAC IAN oicoo e*i tEucrnic coHKAtn • '. IMOlMIIMMnMU'tMIMOLMWMmL DIKES AND HOADWAYSSECTIONS ANO DETAILS Plo«8«rS«rvifl«iE»(il»c«rli)i!«(>^ ">;'**•'" JaymeFoster From: Kodis) Marc [MarcXodi^nrgeniergy.com] Sent: Wednesday, March 1$, 2009 5:23 AM To: , Ross, Ronald Cc: Terry smith Subject: RE: Agua Hedionda Lift Station - Force Main: Follow Up pjag: Follow up Flag Status: Flagged Categories : Qreen Category Thanks Ron. Good inforrnatidn. Do you have the drawings 5406,8407,8408 and S409 and the plarj from which the section is identified that you can send us? Thanks. Is there a scale on the sketch $rjd where is this section taken from, perhaps at the turinel? Thanks again, From: Ross, Ronald [mailto:rross@BwnGald.corn1 Sent; Tuesday, March 17, 2009 10:51 AM Tq: l^odis/ Marc Cc: terry Smith" Subject: Agua Hedionda Lift Station - Force Main Marc, Attached is a cross section for the utilities in the corridor Bespoke about on Friday. Dimensibned are some of the utility easements in the^rea. The trench is shown; as 6-feet in width (rninirriurn width). The remaining ['width of the 20-feet easement w^uld be for equipment access (excavatprs, piie drivers, etc.). Also included is an as-built drawing for the 9' tunnel that has utility 'information in ,the samearea. FeeJ free to contact me if you peed anything else. <<NRQ Cross Section.pdf» «1 37269S403:pdf» Respectfully, J&rsUl. ~P,C. 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 51 4-B822 (office) (858) 571-6719 Direct) (858) 514-8833 (fa*) Jayme Foster •from: Ross:, Repaid Sent: Wednesday, March 18, 2009^03 AM To: Kddist:Maro;; Cc: TerrySrhith Subject: RE: Agiia Hedionda/LiftStatipn - Force Main Attachments: 137269S407.pdf; S406S408S409.PDF; Utility Cross Section LaybUtl (1).pdf; Utility Cross Section; Layputi(2};pdf Mare.; The cross section was taken from Station 3fOb on the Force Main Plan and Profile, Attached is an additional cross section taken at the tunnel. Both cross sections are at 1/8" = 1' scale. Also attached are the tunnel drawings you requested. Hope this helps. 'Respectfully,, 32er«t ycTcL*u (8S8) 514-8822 (pfTtce) From: Kodis, Marc fmai'lto: Marc.Kodisginrgenerqy.com1 Sent: Wednesday, March 18, 2009 5:23 AM To: Ross/ Ronald Cc: Terry Smith Subject: RE: Agua Hedionda Lift Station - Force Mairi Thanks Ron: Good information. Do you have the drawings S406, S407( S408 and S409 and the plan from which the section is identified that you can send us? Thanks. Is there a scale on the sketch and where is this section taken from, perhaps at the tunnel? Thanks again. From: Ross,, Ronald [mailto:rross@BrwnCald.comT Sent: Tuesday, March 17, 20Q9 10:51 AM to: Kodis, Marc Cc: Terry Smith Subject: Agua Hedionda Lift Station - Force Main Marc, Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility easements in the area. The trench is shown as 6-feet in width (minimum width), The remaining width of the 20-feet easement would be for equipment access (excavators, pile drivers, etc.). Also included "is anas-built drawing for the §' tunnel that has utility information in the same area. Feel free to contact me if you need anything else. «NRG Cross Sectiofi.pdf>> «137269S403.pdf» Respectfully, 9665:Chesapeake; Drive, Suite 201 San Diego, California, 92123 (858)514^8822^06) (858) 571-6719 {direct)^ (858) 514-8833 (fax) Jayme Foster From: Kodls; Marc [Mairc.Kpdis@nrgenergy.cprn] Sent: Friday; April; 03^2009 2:31 PM To: • Terry SmitKr Cc; Ross, Ronald Subject: . RE: Status on Consent Attachments: GSeptecrf Drilling Consent.pdf Fpilow Up Flag: Follow up Flag Status: Flagged CatEsgdries: Green Category Attachment; The original js being sent to you by rriail. From: Kodis; Marc Sent: Friday, April 03, 2009 2:23 PM To: Terry Smith Cci Ross, Ronald Subject: RE: Status on Consent Thanks Terry. .Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved by Ca.brilja 1 would' suggest we haye a pre-Wprk rneeting with your contractors at the site to go/over work plan arid site work is§ues: Regards, Marc Marc A. Kodis, PE Regional Engineerirtg Manager NRG West Suite 104 1817 Aston Aye Carlsbad, CA 92008 Off 760-710-2141 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith [mai'lto:Terrv.Smith@carlsbadca.qov| Sent: Friday, Aprtt 03,2QOig 12:06 PM To: kodis, Marc Cc: Ross, Ronald Subject: RE: Status on Consent Marc, Well get this information to you by early ne^ct week, Please e-mail us a pdf of the agreement when it is ready. Also, please copy Ron since I wit! be out of the office on Monday and Tuesday next Week. Thank, Terry From: Kodis, Marc Spirit: Rrida^Ajjril 03^200^ 11:59 -AM tqi Terjry Smith Subject: Status on Consent Terry, good meeting with youihe other day regarding collaboration on your new lift station/forced sewer pipeline/bridge projects. Got your vpicernail. We are working through the:cphsent In checking;;With our folks we will need to have an access agreement from your contractors. We will need addresses and fax Js for Ninyo,& Moore & Scbtts Drilling, Please confirm that these will be the only contractors on site; Wewill also need insurance accords from your contractors. Additionally, we wiJt need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated; This will not be needed for the consent put will be required for review and approval by us prior to start of work. Marc A. Kodis, PE Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008! Off 760-71 .0-21 42 CcJI 760-535-21 ti Fax 760-710-2158 GARYW.ERBECX DIRECTOR DEf^RT^ENT PP ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION p.p. BOX 12SZ61, SAN DIEGO, CA SZ112.SJ61 618-338-ZJ22/FAX«1l-33«-2316/1-»Cfl-iB3-S*33 JACK18LLER ASSISTANT DIRECTOR PROPERTY OWNER CONSENT Proposed locations for subsurface work: [Er><ub«3t> Ass»88or'a Parcel Number (APN): C/V _, owner of this property/properties Hsted above, give my permission to stated above. Q Install I understand that monitoringwells . (consulting company, contractor) to conduct the following work at the locations u QLJ Destroy monitoring wells Jn Drill ^1 soil borings authorizedsionerfor (registered professional) of N\Vv prvW*vit\ (drtling company) . (consulting company) and art submitted a signed application to the Department to complete the above-stated wo* according the requirements of theof Environmental Health in which they have current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to weft/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wejls destroyed on this property, to ensure proper ctasureof the monitoring welts/borings. Property Owner Signature:Date:' .Title: Company; Mailing Address; OEH:SAM-S503 (Rev. 5-07) Jayrne Foster From; Kpdis, Marc [Marc.Kodis@nrgenergy;Comj Sent; Thursday, April 09, 200910:55 AM: To: Gregory Farrand Cc: Ro'sSj-Ronald; Frank Moreland; Lisa Hill Subject: RE: AHLS/NRG Access Agreement Attachments: . License and Access Agreement - Ninyd & Mdore.dbc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Hi Gregory, We will need to have to ask you to sign another copy. We asked the city for the follov^ihg infprmatiqn for each contractor doing work on site :so that we can complete the draft access agreement and send to you for signature; • Addresses • Fax#s: We will need same Information for Scott Drilling as well Also, we have some modified insurance provisions that I have added sn: the attachment. Could you also send a pd.f version of the boring locations on a plot plan that will be an attachment to the access agreement. Thank you., ,' Kpdis, PE Regipnal Engineering Manage'r NRG West Suite 104 1817 Aston Aye Carisbajf, CA 92908 Cell Fax 760-710-21 58 From: Gregory Farrand irnailto:gfarrarid<g>ninyoandmQbre.coml Stint: Thursday, April 097 2009 10:11 AM To: Kodis, Marc Ca: Ross, Ronald] Frank Moreland; Lisa Hill Subject: AHLSi NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today, l Ptease contact me at your convenience if you tiave any questions. Gregory T^Farran^PG, CIEG Priricip^l Geologist- Niriy 'O& Moore Geotechnica) ^fenvironmentaiSa'ences Consultants 5710 Ruffin Road, SaRDiegOj GalifQrnia 921 23- (868) 576-1:600, x122b- '(office) (619) 20M355Mce!i} '" qfarrand@ninvoahdmbore.com 4/9/09 ••"". ••--• -i— OHgihal Message— --- From; Ross, Ronald fmaiito:fross@Brwh(^ld,corn] Sent: Wednesday, Apra 08, 2009 1:07 PM To: Lisa Hill Cc: Frarik Mofelartd; Gregoiy Farrand Sujiject;; NRG^:Acress Agreement Lisa, Attached is the license agreement for Access to the NRG site, Also, I am working on a confirmation from Encina that we can stiil store the drums at the existing lift station. Respectfullyj (858) 51 4-8822 {office) (858) 514-8833 <faxj froin: Terry Smith rmailt6:Terrv.Srnith@carlsbadca.gdv1 Sent; WednesdaV, .AprM Q8> 2009 8:40 AM To: Ross/ Rqnald Subject: FW: Status on Consent See Attached. Terry from; Kodis, MarcTmailto:MarG.kodi's@nrqenerav.com1 Sent: Monday, April 06, 2009 9:27 AM To: Terry Smith Subject: RE; Status bri Consent Terry, here is the draft of the Access Agreement for N&M. Once we get the right info we can complete and execute. Same form needs to be executed by Scotts Drilling which we can complete once we get the information. Thanks. From: Kodis, Marc Sent: Friday, April 03, 2009 3:19 PM To: Terry Smith Subject: RE; Status on Consent Thaaccess agreements need to be signed with your contractors/and will require insuranceaccords.,frortt,each one. As soon as we get the information requested we can-complete the'drafi access agreements and 1 will send onto/you. From: Terry Smith rmailto:Terrv.Smith@carlsb3dca.Qov1 Sent: Friday, April 03, 2009 2:56 PM To: Kodis, Marc Subject: RE;: Status op Consent No problem. WHen dp ydit think you will have;the/access agreement ready for :us3aexecute? From: Kodis, Marc rmailto:Marb.Kodis@nrqeherqv.com] Sent: Friday) April p3y 200? 2:23 PH To: terry Smith Cc: Ross, Ronald ' Subject: RE: Status on Consent JhanksTerry, Attached is the consent as requested; Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved by Cabrilfo. 1 would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues. Regards, Marc 'Marc M.- Kodis, PE •Regiohal Engineering Manager NttGWcst Suite J 04 1817 Aston Aye CarlsbaiJ, CA 92008 Off 760-710-2142 Cell 760-535-^119 Fax 760-710-1158 From: Terry Smith fmaHto:Terry.Stnitih^)carlsbadca.qov] Sent: Friday, April 03, 2009 12t06 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Status on Corisent Marc; We'll get this information to you by early next week, Piease e-mail us a pdf of tfte agreement when it is ready. Also, please copy Ron since I wiil be out of the office on Monday and Tuesilay next week. Thank^ Terry From; Kodis, Marc fmaiito:Marc.Kodis®nrqenergy.com1 S^rit: Friday April 03, 2009 11:59 AM To: Tern/ Smith Subject: Status on Consent terry, good meeting With you the:otherday regarding collaboration on your new Itftstatioh/forced sewer pipeline/bridge projects; 0>ot your voicemail. We are working through the consent,, In checking with our foi!<s we wi!l need -to have an access agreement from "your contractors, We will fieed addresses and fax #s^fof Ninyo:^ lyfopre & Scotts Or|!irig.\ Please conflrrn that these will be the only' contractors on site. We will also need insurance ;accords ;frorn your contractors. Additionaily, we wifi need, to a: work plan that identifies the work scope/methods to be used Including treatrnent of any wastes/that are generated, This will not be needed for the consent but Will be required for review and approval by us prldr to start of work. Marc A Kodis", m - Regional Engineering Manager 181 7 Aston Ave Carlsbad, CA 920ti8 PIT 760-710-2142 Cell 760-535*2119 Fax ?60>7tO-21S8 121 ACCESS AGREEMENT 1. This Access Ag^e'ement isinade as ofApnl 3,2009, between the undersigned Licensor as owner of the premises (or as; agent -for' or. authorized representative of such owner| described herein ("Licensor")and 'Mayo &Moorej address; (fax ) ("Licensee") in connection with conducting geotechnical borings along; a potential seweivh'he easement requested by the City of Carlsbad from Licensor at Licensor's jprefflises"generally described? as follows (^ an, area adjacent to an existing main line sewer pipeline alongthe-western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the HCTD rail ti-acks at the Ericlna: GeneratmgiiSfatron? 4^00 Carlsbad Blvd., Carlsbad, CA 92008; at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee the right to enter onto the Premises and conduct geptechmcal borings in accordance: yyith a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program'';). 3. Licensor is;;tJie pwner of saidPremises; and Licensor is fully authorized to enter into thisi Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Drilling Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any coredrilling^spoils in accordance with^applicable environrnental rules and regulatiotts. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has, occurred shall be considered abandoned after thirty (30) days,; and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and itis legal representatives, successors and assigns, agree to and hereby does expressly and fully release^ indernnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees^ successors, assigns, officers, directors, and representatives (collectively, "Licensor's; Related Parties") from and against any and all claims, suits, losses, damages^ demands* causes of action and liabilities of any kind or character (including, but not limited tor attorneys' fees, costs of litigation and i ACCESS A<SReEMEN'f- Ninre & Moore investigation and other costs associated therewith^ (collectively "Claims'') caused by or-arising out of-or in any way incidental to or connected with the entry or presence of Licensee prits ^affiliates .<>r•its'- or their agents, repreSentativeJ, servants^ employees, contractors, customers,Or invitees -tny on or about the .Premises;, Or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imppsMby itatute,;;ruleior regulation or theory of strict liability and regardless of cause or of the; negligence or fault of Licensor; and/or Lice® oj's RelafedParties, WHETHER OR NOT CAUSED BY THE CONxMBUTORV, pMfM-, JOINT, COMPARATIVE, COHCURJIENT AND/OR GROSS NEGLIGEBCE OR WILLFULMISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED; D^ltMoN OF Ll6fiNSOfe ANDVOR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR: UNDER LICENSOR AND/OR MCENSQR'SRELA not less than five'miltion dollars ($5,000,000) of such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Caprillo PPwer ILLC, and its parjent, NRG Energy, Inc:) arid its site operator, NRG Cabrillo Power Operations Inc., and their respective officers; employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risl< to pefsons or^^ property^ Licensee shall meet with Licensor/'s site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the^activity to be unrisasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be- solely responsible for any accident or injury resuitirig from such use? regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by thisireference. 7 THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE, 8. This Agreement is entered into as of the date indicated be.l pw, represents and the entire agreement between the partieSj and may be amended only in WTiting signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. ACCESS AGREEMENT - Nihyo & Moore GABRILLO POWER ILLG (Licensor) & IVlpORE (Licensee) BY: Authorized officer Its; Executive Director ACCESS AGREEMENT - Nmvb & Moore EXHIBIT A Insurance Provisions L Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative^servants, employees, contractors, customers, or invitees (collectively referred Jo as "Licehsee RelatedParties" in this insurance provision) who enterin. oh, or about the Premises have, or shMl have iri place at;the time of such entry ("Date of Entry'^Commercial General Liability insurance, including coverages for bodily injury liability: including death, p;er.sqTmlinjiirfe .property dama gelpremises/operatioris. .ptodp:cts/cbrngleied operatiohsiageipefty•: d^w**^ independent cbhtractorsi aiid-broad form contractual liability, separation of iBgwgds. and ..-no^exclusions.-for^^anv of XC&1J exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (\vhether in a pr%^ po written oh airoccafrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to'anyone who enters in, on, | or about the Premises, inciudigg;15mp:lQy;er* s. LlafaiiiiY...Mrnifeaf $ I ;0<)O.OQO> If vehicleis'wil} be operated in, pri, or .about the Premisesi by Licensed Related;Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of 35.000,000.00 that will extend coverage to such Licensee Related Parties, All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as:Liceris6rmay, ftom tirnetp timfe, reasonably^require, with the premiums fully paid on or befpre the due dates. The Commerciai General Liability and Automobile Liability (if applicabie) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties.^ additiorial insuredsv Thgaddjtloaal Jftsured^im^ policy sfaalf extend ig > baft oagpjng: and, corripleled dpef ations^ The: Workers- Compensation policy maintained by Licensee ;shall contain a waiver of subrogation clause in favor of Licensor jj^tatMP^^fes-q^dlts-alSti^^^ All policies of irisurahce required |o bSinaihtairied by Licensee Related Parties shall spe^fically pro vide that Licensor shall be given at least thirty (JO) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of ihsurance withirespeet to each such ...policy shall be deppsited withLicenspr on pr before the initial Date of Entry; and a duly executed certificate of insurance With respect to each subsequent policy shall be deposited withLicenspr at least thirty (30) days prior to the expiration of the preceding; such policy. All insurance policies obtained by Licehsee Related Parties- hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related not contributing with and not in excess of coverage which Licensor Related Parties may carrys if any. In the event of any Clairh, Licehsee shall look solely to such insur'arice and/or any other insurance carried by Licensee. ACCESS AGREEMENT - Ninyo & Moore •: Jayme Foster From: Frank -Mbreland [frrioreland@hinydandmodre.com] Sent: Thursday, April 09, 2009 3:1 8PM To: Kodist Marc? Gregory Farrantf Cc; Kpss, Ronald; Lisa frill; Lloyd, David Subject: REi AHLS, NRGjAccess Agreement FolIoW Up Flag: Follqw uj? Flag Status: Flagged Categories: Green Category Yes, use the address below, Frank Frank O. Morelarid, P,G,( C.E.G, Senior Geologist Ninyp& Moore Gebtechriical & 'Environmental Sciences Consultants 571 ORuffin Road5 San Dieso, California 92123 (858) 576-1000 (X1225) (858) S7fr,9600 (Fax); frnbteland@riinyi3andn5oore.cofn Experience • Quality • Commitment ——Original Message- — From: KpdiS; Marc trnaijtollylarc.Kodis^nrgenergy.corn] ^entr, Thursday, April 09, 200? 2:59PM To: Frank Moreland; Gregory Farraqd Cc: Ross, Ronald; Lisa Hill; Lloyd, David Subject: RE: AHLS, NRG Access Agreement Thank you, Frank. So it looks like we need to have 3 agreements. Should we use the address for N&M that is in your contact info? From: Frank Moreland [mailto:frnprelar)d@>ninyoandrnoore.com] Sent: Thursday, April:09, 2009 2:18 PM To: Kodis, Marc; Gregory Farrand Cc: Ross, Ronald; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Marc, Our drillers are Scott's Drilling and Tri-County Drilling, their information is below: Scotts Drilling 271 Rbymar Rokd, SuiteD Oceanside, California 9205 6 (760)966-1613 email Scottsdrillirig@cox.net ry-1 Jayme Foster From: • Frank Moreiand ffmqreland@ninyoandmoore.cbrti] Sent: Monday,, May 11 ,;20b9 10:15 AM; To: Kpdis, Marc; Gregory Farrand Cc; Rpss,:Ronatd; Lisa Hill; dpyd, David Subject: RE* AHLS. NRG Access Agreement Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Hi Marc, One of our drillers has changed. instead of Tri-Countyj we will be using Pacific Drilling, Their information is below; TbaVCIark Pacific drilling R.O, Box 84627 San Qiegp, California 92138 (619)294-3682^ (619); 264-328:3 FAX tod@pacdri)l.corrt ] will have therrt send insurance certs. Frank: FrankOv Moreiand, P.G., C-E.G. Senior Geologist Ninyo & Moore Gesotechnicai &Environrnental SciencesCpnsultants 571 ORuffin Road San Diego, California 92123 (858)576-1pOO<x1225) (858|576-96QO(Fax) fmprelahd@nlnyoandrnoore.com Experience - Quality • Commiirneni -—Original Message-^— From: Kodis/Marc [rnanto:Mafc.Kodis(§)nrgeriergy.a3rn] Sent: Thursaay, ^>ri! 09, 20Q9 2:59 PM To: Frank ivjpfeland; Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Lloyd, David - Subject: RE: AHLS, NRG Access Agreement Thank you, Frank. So it looks like we: need to have 3 agreements. Should we use the address lor isl&M that is in your contact info? Froiji: Frank Moreiand [mailto:fmoreland@ninyoandmpore.com] Sent; Thursday, April 09,- 200a 2:18 PM To: Kodis, Ma re; Gregory Farrand Cc: Ross, Ronald; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Marc, Our drillers are Scott's Drilling and Trj-Gpunty Drilling, their information is below: Scbtts Drilling 271 Roymar Road, Suite D Oceanside., California 92056 (760)966-1613 email Scottsdril]ihg<@co.x:.het Tri-Cpunty prilling ;963T Candida Street^ 'San Diego, /California 92126 (?l58)7S4-()34iFAX email timd@tcdrillitig.corn f will have thern forward insuranpe certificates. Frank frankO, Moreland, R.GVC.EJ3; Senior Geologist Ninyo& Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 (x1225) 4858)576-9600 (Fax) frnoreland@ninyoandmopre.com Experience • Quality • Commitment —Original Message-— From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Thursday, April 09, 2009 10:55 AM To: Gregory fiarrand Cc: Rpss> Ronald; Frank Moreland; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Gregory, We will need to have to ask you to sign another copy. We asked the city for the following information for • each contractor doing work on site so that we can complete the draft access agreement and send to you for signature: • Addresses « Fax #s We will need same Information for Scott Drilling as well. Also, we have some modified insurance provisions that I have added in the attachment. Could you also send a pdf version of the boring locations on a plot plan that will be an.attachment to the access agreement. Thank you, Regional Jyigineering Manager 1SRG West Suite 104; 1 8t7 Astern; Ave £*rlslbad, CA 92008 Off 7<50-71 0-2142 Fax 760-710-2158 From: Gregory Farrand [marlto:gfarrahd@nihydahdmodre.cdm] Sent: Thureday, April 09^2009 10:11 AM To: Kodis, Mart; Cc: Ross; Ronald; Frank Mbreland; Lisa Hill Subject: AHLS, NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by us. A hard copy shouldarrive later today. Please contact me at your convenience if you have any questions. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffirj Road, San Diego, California 92123 {858) 576-1000, xl220 (office) {619) 2Q8;-6355 (celi) gfarrand^nJnyoand moore.com 4/9/09 —-Original Message— From; Ross, Rpnald [rnailto:rross@BrwnCald.cpm] Sent: Wednesday, April 08, 2009 1:07 PM To: Lisa Hill; Cc: Frank Moreland; Gregory Farrand Subject: NRG Access Agreement Lisa, Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina that we can still store the drums at the existing lift station. Respectfully, T>*£. Civil. (858) 51 4-8822: (office) (858) 514-8833 (fax) FromrTerry Smith [rriaiit6:"Pe^rY.SmitH@carlsbadcs!:.goy] Sfent: Wednescja:y, April 08;, 2009 8:40 AM To: Ross,; Ronald Subject: FW: Status on Consent See Attached, Terry From: Kodis, Marc tmailto:Marc.Kodis@rirgenergy.corn] Sent:vHonday, April 06;; 2009 9:27 AM To: Terry Smith Subject: RE: Status on Consent Terry,, here is the draft of the Access Agreement for N&M, Once we get the right info we.can complete and execute, Same form needs to be executed by Scotts Drilling which we can complete once we get the information; Thanks. From: Kodis, Marc Sent: Friday,, April 03, 2009 3:19 PM To: Terry Smith Subject: RE: Status on Consent The access agreements need to 'be signed with your contractors and will require insurance accords from each one. As soon as we get the information requested we can complete the draft access agreements and I will send on to you. From: Terry Smith {mailto:Terry.Smito@carlsbadca.gbv] Sentrfrriday, April 03, 20692:56 PM To: Kpdis, Marc Subject: RE: Status on Consent No problem. When do you. think you will have the access agreement ready for us to execute? From: Kodis, Marc [maflto:Mare.KDdis@nrgenergy.cprn] Sent: ^Friday, April 03, 2009 2:23 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Status oh Consent Thanks Terry. Attached is Vie consent as requested. Please note that personnel cannot start work-until access agreements are in place arid a work plan is provided, reviewed and approved by Cabrillo. I would suggest we h^ve a pre-work meeting with your contractors at the site to go over work plan and site work issues! Regards, Marc Marc A, Kodis, PB Regional Engineering Manager NRG West Suite 104 1$17 Aston Are Carlsbad; jpA 92008 C<?il 760.535-21 19 Fax 76:0-710-2158 From: Terry Smith [rnaiIto:Terry.Smith@car!sbadca.goy] SenU Friday, April 03, 2009 12:06 PM To; Kotiis/^iarc Ccif Ross, Ronald E: Status pn;Conse:nt Marc, We'll get this information id you by .early next week. Please e-mai]u$ a:pdf of the agreement when it is ready. Also, please copy Ron since (wilibe out of the office on Monday and Tuesday next week, Thank, Terry Front;-jKodi's, Marc [rnai!to:Marc.Kod)s@nrgenergy.corni Sent: Friday, April 03, 2009 11:59 AM To: Terry Smith Subject: Status on Consent Terry, good meeting with you the bther day regarding collaboration on your new lift station/forced sewer pipeline/bridge^projects- Got your voicemaii We are working through the consent. In checking with our folks: we will need to have an access agreement frorn.your cohtractbrs. We wil} heed; addresses and :fax;#s forNinyp & Moore ,& Scptfs Drilling- Please/confirm that these will be the only contractors on site; We will also need insurance accords from your contractors. Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated. This will not be needed for the consent but wil) be required for review and a pprova I by us prior to start of work. Mare A, Kodis, FE RegiMal Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760>535r2ll9 Fax 760-710-2158 Jayme Foster From: Gregory Farrand [gfarrand@njnyoandmoore.com] Sent: Monday, April ;i 3,2009 3:24 PM To:/ KqcJis; (Marc Cc; Ross,. Donald; Frank MbreJand; Subject: AHLS, NRG Access Agreement * Insurance Certificate Attachments: NRG AHLS Access Agreement + Ins Cert 4-13-09.pdif Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Marcr Attached is a PDF of the Access Agreement signed by Ninyb & Mbdre arid our insurarice certificate. Two hardcopies are in the overnight mail to your attention. Our subcbritractors, Tri-Cbgnty prilling'any Scott's Drillihg, are also forwarding their signed Access Agreements and insurance certificates directly to your attention. Please contact me at your convenience if you have any questions, Gregory T.Farfartd, PG, CEG Principal Gepiogist " A//nyo & Moore Gebtechnical & Ehvirbhmental Sciences Consultants 571Q Ruffin Road, San Diego, California 92123 (858) 576-1000, xl220: (office) (619)208-6355 (cell) gfarrand@ninyoandmoore.com 4/13/09 —-Original Message—- From: Kodis, Marc [maiito:Marc,Kodis@r)rgenergy.com] Sent: Saturday, April 11, 2009 7:44 AM To: Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Frank MoreJand Subject: RE: AHLS, NRG Access Agreement Attached are revised access agreement drafts. Please provide comments. Thank ypu. Mam A, Kodis, FE Regional Engineering Manager NRG West Suite 104 1817 Aston..Av.e; Carisbaa,CA 92008! Off760-?iO-2i42 Cell 760-535-2119 Fax 760-710-2158 From: Gregory Farrand [rnallto:gfarrand@ninyoandmoore.com3 Sent: Thursday, April 09, 2009 2:12 PM To: Kodis;; Subject:; RE: AHLS,:: NRG Access Agreement Mare- lUhavapur insurance broker als6 review the revisions and get back to you as sppn as possible, Gregory T. Fa/rand; PG.CEG Principal Geologist Nmyp&Mqore Geotechnical & Environmental Sciences Consultants 5710 Ruffin ppad, San Diego, California 92123 (858) 576-1 OOQ, x1220: (office) • (619) 208-6355 :(cell): gfarrand@ninyoandrnopre,cpm -~- Origfnal Message— -- From; Kodis; Marc [mailtd:Mafc.Koc!is@nrgenergy,conn] ^ht: TlliJrsd^y/^pril 09V 2009 10:55 AM to: Gregpry Farrand ^Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: RE: AHLS> NRG Access Agreement We will need to have to ask you to sign another copy. We asked the city for the following information for each contractor doing work on site so that we can complete the draft access agreement and send to you for signature: • Addresses • Fax#s We WiUfieed same information for Scott Drilling as well. Also, we have some modified insurance provisions that I have added in the attachment Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the :access agreement Thank you, Marc A'. Kocfis\ PE Regional Engineering Manager Suite 104 1817 Aston Ave Ciirtstad, CA 92008 Off 760-71 0-2142 CelJ 760-535-2119 Fax 760-710-21 58 From; Gregory Farrand [n1ailtb:gfarrand@hiriypartdiTipdr€.coiTi] Sent: Thursday^ April JD9, :2009 lOillAM tor Kodis> Marc ^Cc::Rqss, Ronald; Franks Moreland;: Lisa ttjil Subject: AHLS/ NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by ,us;. A hard copy should arrive later today, Please contact me at your convenience if you have any questions. Gregory T. Farrand, PG, CEG Principal Geologist Njjnyo &Mopre; Geotechnicai & Envjronmentaj Sciences Consultants 57 10 Ruffin Road, San Qiego, California 921 23 (858) 576^000, X1220 (office) (61 9| 208-6355 (cell) gfarrand@ninyoandmoore.com 4/9/09 Message---^ From: Ross, Bpnald [mailto:rross@BrvvnCald,com3 ^ent: Wednesday, April 08, 2009 1:07 PM To: Lisa Hill Cc: Frank Moreiand; Gregory Farrand Subject: NRG Access Agreement Lisa, Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina that we can still store the drums at the existing lift station. (Respectfully, JlcrAJk CLtriL (858) 514-8822 (office) (858) 5 14-8833 (fax) From: Terry Smith tmailto:Terry.Smith@carlsbadca.gov] Sent: Wednesday, April 08, 2009 8:40 AM To: Ross, Ronald Subject: FW: Status on Consent See Attached. Terry From: Kodis, Marc [fnailto:Marc,Kodis@nrgenergy;com] Senti Monday; April 06,2009 9:27 AM To: Terry Smith Subject: RE: iStatxis on Consent Teri^.;,h'ere::isih6-draftofthe.Aro^ss.Agr(bemeht:fQr'N&M.. Once we get the right info wife: can. complete and execute; $ame:forrh needs^tq be executed by ScottsrOrilltng .which we can. eompjete once; we get the information; Thank?. Ffpm: Kbdis, Marc S>nt;/Friday, April :03, 2009 3:19 PM ' , To; Terry Smith' Subject: RE: Status on Consent The access agreements need to be signed with your cpp'tractors and will require insurance accords from each one, As soon as we get the information requested, we can complete the.draft access agreements and Iwill send on to you. prom: Terry Smith [mailto:Terry.Smith@car]sbadca,goy] Sent: Friday, April 03, 2009 2:56 PM To: Kodis, Marc Subject: RE: Status on Consent No: problem. When do you think you will have the access agreement ready for us to ekectite? From: Kodis, Marc [mailtd:Marc*l<dd!S@nrgeriergy,com] Sentr Friday, April 03, 2009 2:23 PM Tt>: Terry Smith Cc: Ross, Ronald Subject: RE: Status on Consent Thanks Terry. Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved, by Cabrillp, I would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues. Regards, Marc Marc.A. Kadis. PE Regional Engineering Manager NRG West Suitel04 1817 Astpii Ave Carlsbad, CA 92008 Off 760-710-2142 CeH760-535-2n? Fax 760-710-2158 From; Terry Smith [mailto:Terry.Sfnith@carlsbadca.gov3 Sent:;Friday, April 03,2009 12:06 PM To: Kbdis, Marc Ct:RosSj Ronald Subject: RE: Status on Consent weefe Please:e-mail us a pdf of the agreernent wlien- it is r^ady., Also, please copy Ron sjnpe 1 will be out of the office on Monday and Tuesday next week. Thank, Terry From: Kodis, Mare [iriaiitb:Marc.l<odi$@nrgen^rgy,coniJ Serit::: Friday,; April 03> 2005; ll;59:Alvr T$: ferry Smith Subject: Status on Consent Terry, good: meeting with you the other day regarding collaboration on your new lift station/forced sewer pipeline/isridge projects. Got your vojcemaij. We are wording through the consent In checking with our folks we will, need to have ah access agreement from your contractors. We Will need addresses and fax #s for Mihyo & Moore & Scotts Driliihg, Please confirm that these will be the only contractors :on site. We will also need insurance accords from your contractors, Additionally, we wijf need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated; This will not be needed for the consent but will be required for review and approval by us prior to start of ;work. , PE Regional Engineering Manager NRG \Vest Suite 104 I817AstonAve Carlsbad, CA 9200? Oflf 760-710-21 42 Cell 760-535-211 9 Fax 760-710-2158 5 Transrnittal 5710 Ruffirt Road, Sari Diego, Gaiifbrnla 92123 '* Phone 858/576-4000 '*• Fax 858/576-96QO * www.ninypandmopre.cprn To: Marq Kodls Oatet April 13; 2009 Firm: NRG Energy, Inc. 1817 Aston Ave, Suite 104Address: CarlsbadfCA. 92008 _ .. Gregory T.: Farrand, Priocipai Geologistrrom;gfafrahd@ninydaridmcjore.com s j . ; Access Agreement^ Encina Generating Property, 4600 Carlsbad Blvd,suoject: garjs^ad.: p^ signe^ on 4-13-09 D Urgent ^ For Approval El For YourUse D Original Ddciument: Q Will Not Follow D W»B Follow D Fax No: Teiephone rig>: Total Pages Including Trartsrhittal: Project No: Please Reply By U.S. Mail O As Requested D By Other Marc- : Attached are two copies the Access Agreement signed 4-13-09 by me relative to our planned field evaluation of the City of Carlsbad's Agua Hedlonda Lift Station and associated sewer pipeline. Our insurance certificates are also attached. Similar Access Agreements and insurance certificates by our subcontractors, Tri- County Drilling and Scott's: Drilling, will be forwarded by those firms directly to: your attention^ Thanks, Greg Farrand Principal Geologist 858-576-1000, X1220 qfarrand@ninvoandmoore.c6m • Geotechnical Engineering • Engineering Geology • Materials Testing and Inspection • Construction Management • Engineering Design • Environmental Engineering • Environmental Site Assessments » Regulatory Compliance and Permitting • Water Quality and Resource Evaluations • Hazardous Waste Management • Soil and Groundwater Remediation • Asbestos and Lead-Based Paint Surveys • Geophysical Studies • Mineral Resource Evaluations • Value Engineering • Forensic Studies • Expert Witness Testimony • San Francisco •Irvine (• San Diego " LosAngeles •Ontario "Oakland • Las Vegas •Salt Lake City • Phoenix ILK, ACCESS AGREEMENT 1. This Access;A-greemerit is madeaspf April 1.0,2009ybel^eent]i(e undersigned Licensor as owne? of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor5) and Ninyo: & Moore, 57101luffin Road, SattDiego, CA 92123 (lax: 858-576-9J60Q) ("Licensee'') in cp'riiiectkm witttcoh^ueting^btedrjriical borings along a potential sewer line easement requested by tjie Gity of Garlsbad from Licensor at Licensors premises generally described as follows (the "Premises"): an area adjac.entto an-existing main line; sewer pipeline along the western edge of Licensor'svtank farrn property bordefed by theJ-5 Freeway and th^l^CTT) rail:fracas ai; tlie EncinaGerieratingStation, 4600 Carlsbad Blvd.; Carlsbad^ 6A 92008 at points marked on a drawing provided by the Gity of Carlsbad to Licensor, 2. Licensor hereby grants to Licensee the right to enter onto the Premises and-conduct geotecjjnicai borings in)accordance with a; Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program"). 3. Licensor is the owrier,6f said Premises, and Licensof is fully authorized to:enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission Is requiredi 4. Licensor is providing access for me Drilling Program without, compensation at the request of* and as an accommodation to, the City of Cm-lsbad, without conceding that any particular expansion of flie existing sewer line easements will be identified as a result of the Driliing Prograin. 5. Licensee shall leave said Premises in substantially as good condition as when received by itj excepting reasonable wear and tear and use of said Premises for the purposes; herein penriitted. Licensee shall dispose of any core dri!ling:spoils in accordance with applicable environmental nales and regulations. Licensee shall clean any debris of rubbish left by its visitors on the Premises, Any property of Licensee left on the Premises after clean-up^^ and removal has occurred shall be considered abaridohed after thirty (30) days, arid may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, Indemnify, defend and hold harmless Licensor and its affiliates and its,and the-ir respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor*? Related Parties") from and against any and all claims, suits, losses, damages^ demands, causes of action and liabilities of any kind i ACCESS AGREEMENT - Ninyo &. Moore or character (including, but not limited to, attorneys' fees, costs of'litigation and investigation and other costs associated: therewith) (collectively', "Claims") caused by praising out of or in any way: Incidental to Qr connected with the entry or presence: of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors,, customers, or invitees in, on or about the Premises, or their activities in setting-up scenery, equipment, sets, or use of any Premises equipment, wliether imposed by;statutev:mle:x)r regulation or theory of strict liability arid regardless;pf cause or of the negligence ;qr fault of Licensor and/or Licensor's Related Parties, WHETHER GR;NOT CAUSED BY TMECONTRBBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE ORWILLFUL.MISCONDUCT OF OWNER, AND/QR LICENSOR'S RELATEDPARTIES ^RANt OTHER^ PERSON EbTTERINaTHE PREMISES UNDEREXPRESS ;OR IMTLIED 'INVITATION OF LICENSOR AND/OR.LICENSOR'SRELATED;PARTIES OR CLAIMING^Y, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee:shall not be admitted tp the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy. Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not Jess than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding;with any: activity which may involve risk to persons or property; Licensee shall meet with Licensor's site safety: representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any furtheractivity if Licensor's site safety representative determines the; activity to be unreasonably unsafe, Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely .responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7 THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS H ATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. ..' 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practiceSi he may terminate the license granted herein without further notice. ?::, ACCESS AGREEMENT.•- Ninyo & Woore CABRILLO I>p WERILLC (Licensor) NINYO& MOORE (Licensee) BY: Authorized officer Gregory T. Fait and, Principal Geologist ACCESS AGREEMENT-Ninyo& Moore EXHIBIT A Insurance Provisions 1 . Insurance,: Licensee^ agrees thatit is ultimateiyresponsible to ensure that Licensee, its agents, representative^ servants, employees, contractors, customers , or-invitees (collectively- referred to as "licensee Related Parties?' in: this; insuraiice provision) Who m^ time of such entry ("Date ol Entry").,: Commercial deneral Liability insurance, including coverages for bodily injury liability, jncludingdeath , personal injury, property damage, premises/operations, products/completed operations, independent contractorsj broa^d form .contractual JiafoiHty., separation; of Insureds, and no exclusions for: any of XC&tJ exposures, in support of Licensee's indemnification hereunder, with: per. occurrence .limits :of not less than §5,000,000.00 (whether in ^primary policy or & combination of primary and; excess coverage),, written On ari occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to ^anyone Who enters in, on^ or about the Premises, including Employees Liability limits of $1,Q()0,000; If vehicles will be operated in, on, or abmit the Premises by Licensee ;Rplated, Parties, Licensee shall maintain an Automobile Liability policy with a combined single iiriiU-of S5?600^bOdO'6'that will extend coverage to sucti Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may^ from time to time,, reasonably require, with the premiums^ fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insui-ance policies of Licensee Related Paitjes shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured sta^s on the Oeneral Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a; waiver of subrogation clause in favor of Licensor Related Parties. All policies: of insurance required to be niamtained^by License^; Related Parties; shall specifically provide that Licensor shall i?e given: at:least tdrty pO) days prior written notice of any cancellation or nonrenewal of any such policy^ A duly executed certificate of insui-ance Avith respect to each such policy shall be deposited with Licensor on or before the initial Date of .'Entry, and a duly executed certificate of ihsurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primaiy poMcies (primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor delated Parties may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried hy Licensee. ACCESS AGREEKlENT -Ninyo & Moore Client*: 704 NINYOMOOR1 A£QB&, CERTIFICATE OF UABl PRODUCER ":' • - Deaiey, Renton & Associates P. Q. Box 12675 QaMartd, CA~ 94604-2675 510 465*3090 TedKiyama• .• •-• • : • > • • ' ••" .•••'• INSURED Niriyo & Nioore Geotechnical & Eavifonrnenta) Sciences Consultants 5710 RUffin Road ( San Diego, CA 92123i LITY INSURANCE S^D/r¥) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION;ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, tHIS CERTIFICATE DOES' NOT AMEND; EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE - m-suRgR A.- American Automobile Ins. Co. wsufSRB: Fireifian's Fund Insurance Co.: II^RERC- Lexington Ins. Co. INSURER' ft INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM Oft CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS. CERTIFICATE MAY 8E ISSUED OR MAY PEFtTAINi THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL: THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES; AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTf( A A B A C TYPE OFINSURANCE GENERAL LIABILITY' X l.COMMERCIAL :GENERAL LIAB ILITy• '•" T™ 1 f^~™"1__IJ CLASMS MADE {.XjoccLiR: Icpontractual X !RRContCG2417 EENiAGaREGATEUM IT APPLIES PER; AUTOMOBILE IIABILITY X X X ASSY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS GARAGE U ABILITY exc "x1 -, ANY AUTO ESS UABtLlTY OCCUR L. | OLA IMS MADE DEDUCTIBLE RETENTION s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER professional & Contractor's Pollution Liab. POLICY NUMBiER M2G80894367 MZG80894367 CGX60485455 WZP80961358 7360276 POLICY eSFECTIVEDATE (MM/DD/YY1 10/03/08 10/03/08 10/03/08 05/01/08 10/03/08 POLICY EXPIRATIONDATE IMIWDD/YY1 1D/03/09 10/03/09 10/03/09 05/01/09 • 10/03/09 LIMITS : EACH OCCURRENCE FIRE DAMAGE (Any one f»B) MEOEXP'(Anyon6pereon) . PERSONAL SADV INJURY GENERAL AGGREGATE ; . PRODUCTS -COMP'OP ASG cbMSlNED SINGLE LIMIT ;[£« acckten!) BODILYINJURY(Perpefsoh) BODiLYINJURY(Per accident) PROPERTY DAMAGE(Per acodgnl) AUTO ONLY - EA ACCIDENT OTHERTMAMAUTO ONLY; EAACC S1, 000,000; s1.000,000; S10.000 51,000,000 $2,000,000 siz^ooo^ooo 51,000,000 s s.. s 5- «. AGO i.S EACH OCCURRENCE S9, 000, 000 AGGREGATE XlrORY LIMITS IOTH- EL.EAOHACCIi3ENT. El. .DISEASE - £A EMPLOYeC E.t. DISEASE - POUCYtiMlT 59,000,000 '*! *• 'S . $1,000,000 s1, 000,000 s1,000,000 $5,000,000 per Claim $5,006,006 Annl Aggr. DESCRIPTION Of OPERATIONS/LOCATIONSWEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABIUTY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES, REF: ALL OPERATIONS OF THE NAMED INSURED. £iee Attached Descriptions) CERTIFICATE HOLDER (ADDITIONAL INSURED ;WSURE« LETTER: „, CANCELLATION NRG Energy, inc. Attn: Mark Kodis 1817 Aston Ave, Suite 104 Carl5bad,CA 92009 i SHOULOANYOF THE ABOVEOESCRmfib POLICSSBECANCELL^DlEiEFORETHiE EXPIRATION DATE THEREOF, THE ISSUING INSURER VVI«XBJOW>«a TOMAII.30: DAYS WRITTEN NOTICE TOTHE CERTIFICATE HC^DERNAMEDTOTHE L6FTj(K|Oaiaa>36f>fXXXXXitt«(IC imai&XKxx&9iKm^ AUTHORIZED REPRESENTATIVE f 'J&Jf ACORD25-S (7/97)1 of 2 0M237804 NMF ® ACORD CORPORATION 1988 DESCRIPTION (Continued from Page f) GENERAL LIABIMTY/AUTOMOBILE LIABILITY .ADDITIONAL INSURED:Cabrillo Power J LLC, NRG Energyj We. NRG Caferillo Power Operations. COMMERCIAL GENE1RAL OABlLlTY Insurance is prirnary and non-cpntrifautory per poficy form wording. VVaiver of Su^rogatJon applies to Commerciai Grenerai Liability, Automobile Liability and Vtarkers Compensation in favour of> Cabrillp Power I LLC, NRG Energy, Inc. NRG Cabrillo Power Qperatipns, AMS 25.3 (07/97) 2 of 2 #M237804 ACCESS. AGREEMENT: 1. This Access Agreement Is made as of April 10. lOCiP, between the undersigned Licensor as owner of the premises, (or as agent for or authorized representative of Such owner) described herein ("Liceriso'r") ahd^Tri-COTnt^pnllingi 9631 Candida Street, Sari Diego, CA 9512^ (fax;: SSS-^MrOS^C'Licensee5') 'in connection with conducting geotechnicai borings along a potential sewer line easeirientrequestedby the/City of Carlsbad frornfLicensQr at Licenspr'spremi generally: described;as follows (the;"Premises"): an are^^djajcent to;an existmg itiain line sewer pipeline along the western edge of Licensor's tank farm property: bordered by the 1-5 Freeway and:the NCTD rail tracks at^thefincina Crenerating/Station, 4600 Carlsbad Blvd., Carlsbad^ CA 92008 at points marked on a drawing[provided by the City of Carlsbad to Licensor, 2. Licensor hereby grants to Licensee;the right to enter pnto the Premises arid conduct geotechnicai borings in,accordance with a Licensor-approved, wprlcplan, to be submittedby Licejisee to Licensor (the "Drilling Program"^ 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreernent and has the right to grant Licensee the use of: said Premises and each and all of the rights herein granted] arid that no^ oneelse's permission is required. 4. Licensor is proyiding access for the Mllirig Program without compertsatioii at the request of, and as an accommodatipn to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Prilling Program, \ 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee ;shM dispose, of any core drilling sppils in accbrdarice >Vith applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) dayss and may be disposed of by Licensor., at its discretiori. 6* Licensee does hereby for itself and its legal representatives^ successors and assigns, agree to and hereby dpes expressly and iiilly release, indemnify; defend and hold harmless Licensofand its affiliates-arid its and their respective agents^ representatives, members, employees, successors, assigns, officers? directors, and representatives (cpllectively, ''Licensor's Related Parties") frpm and against any arid all claims, silits, losses, damages, demands, causes pf action and liabilities of any kind i ACCESS AGREEMENT-Ninyo & Moore of character (including, but not limited/ta, attorneys-fees, costs of litigation and investigation and ot}aer^osts:a5sbdMed;therewithJ (collectively^ "Claims") Caused by or arising outofor in any way incidehta;! to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives^ servants, employees, contractors, customers, or invitees in, on ;or about the Premises, or their activities in setting'up scene;fy., equipment, sets^orusfedf arty Premisies:eC|uipment, whether imposed by statute, rule or regulation of theory of-strict liability andregardlessof cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHERQR NOT CAUSED BY THE (CONTRlBlfTDRY, PARTIAL, JOINT, CO^ARATiyE, CONeilRREN^ A^ WILLFUL MISCONDUCT OF OWNEPv, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING; THE PREMISES UNDER EXPRESS ORIMPLIED INVITATION OF LICENSC)^ AND/Ofi LICENSOR'S RELATED PATHIE^ OR (SLAiMIN ANEJ/OR LICENSOR'S RELATED PARTIES; Licensee's liability may be limited to not less..-than five million dollars (S5<,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Lieenseetshallnotbe adrnitted;'tp the Premised without fwst providing eyide^ Licensor (Cabrillo Power ILLC, and its parent, JsfRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers., employees, contractors and agents, as; additional insureds w?th limitl of hot less than the:arobunts shown on Exhibit A, iri form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may Involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity^and the safety measures to be employedi during; the activity. Licensor may halt any rurther activity if Licensor's site•••safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirementr Licensee shall be solely responsible for any activities^involving its Drilling Program, and Licensee^ shall not request the use or operation of any Premises; ^quipfhent by its technicians or by any Licensor operating personnel of Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licerisof which contains the prtivisions set forth in Exhibit A attached hereto and incorporated by this reference^ 7 THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE^ WITH THE LAWS OF THE STATE OF CALlFORlSiA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSORHEREBY CONSENTS TO THE JURISDICTION OF SAH> STATE, 8. This Agreement is entered into as of the date indicated belowi represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes; any unsafe pfactiees, he may terminate the license granted herein without further notice. 2,' ACCESS AGREEMENT - Nrnyo & Moore POWER ILLO TRI-CQUNTY DRILLING (Licensor) (Licensed) BY: By:. Authorized officer its: ACCESS AGREEMENT - Nittyo & Moor* (55 EXHIBITA Insurance Provisions 1. Insurance,; Licensee agrees that; it is ultimately responsible to ensure that Licensee, its: agents; representative, servianta, employees, conrractprsV custdrners^ or invitees {collectively referred to as "Licehsee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the timie; of such entry; ("Dateiof Entry"^ Cprnmercial General Liability insurance, including coverages for bodily injury liability, including death, personai injury, propeity damages premises/bperations,products/cornpleted operations, independent contractors, broad form contractual liability, separation of insureds, and no exclusions for ariy of XC&U exposures, in support of Licensee's indemriification hefeunder, with per occijp«ncelimits 0f not ie$s;than $S.,pOQjOOO,Op (\yhether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurancib that extends coverage to anyone who enters in, on, pr about the Premises, including Employer's^Liability limits of $1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000;00 that will extend coverage to such Liceiisee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may^ from time to time, reasonably require, wth the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Partieis as additional insuredsr The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain awaiver of sybfogatipn clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurancje with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30): days pribjr to the expiration of Uie preceding; such policy. All: insurance: policies obtained by Licensee Related Parties hereurider shall be written as primary pplicies (primary over any insurance carried by Licerisdr Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties may carry, if any. In the event of any-Claim, Licensee shall look solely to such irisurance aiid/dr any other insurance carried by Licehsee. ACCESS AGREEMENT-Niiiyo & Moore ACCESS AGREEMENT .1, This Access Agreement i,S:niade^:QfApnJJ^^s2009/b6tweeh th6 undersigriei^icensoras owner of the preinisesXpr as;agent fpror authorized1 representative of -such owner) described herein ("Licensor"! andKinyo & Road. San Dieacn CA ("Licensee") incpnnectipn^itH: cohducting geotechhical bdrings: along a potential sewer Brie easement requested by /the City of Carlsbad from Licensor at Licensor's premises generally described as : follows (th6 •'Premises"): an area adjacent to an existing main line sewer pipeline albng the Ayestern edge of Licerisor's tank farm property bordered by ;the;i-5 Freeway and the NCTD rail traclcs;at tfte^nciim, (Senerating Statioit, 46Q(f Carlsbad Bfvd^ Carjsbadj CA 920(3$ atpoirits marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor Hereby grants to Licensee the ; righit to errfer onto the Premises and conduct geotechnical borings in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling-Program3'}, 3. Licensor is the owner of jsaid Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of Said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Drilling Program without compensation at the request ;of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansiph of the existing sewer line easemehts will be identified as a;result<5f the Drilling Program. 5. Licensee shall leave said Premises in substantially as good conditipn as when received by it, excepting reaspnabl^ wear: and tear andju&e jvpf said Premises /for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on me Prjeniises after cl^an-up and removal • has occurred ^hall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its anditheir respective agents, representatives, Members, employees, successors, assigns, •officers,, directors^ and representatives (collectively, "Licensor's Related Parties:") from and against any and all claims, suits, losses, damages, demands, causes of "action and liabilities of any kind ] ACCESS AGREEMENT - Ninyo & Moore 157 or,character (including, but not limited to, attorneys? fees.; costs of litigation and investigation :and other :costs,associatedrtherewith| (collectively,/'Claims") caused % or Arising out of or in, any: way incidental,to: or conniected with the eiitry of pi;es<:ftce:pf Licensee or its affiliates or its or their agentsy representatives^ servants, emplbyees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed?'by.statutej rule;qf regiilatipri Pi^ theory tsf strict liability ahp^jegardlesS; of cause or of the ^negligence Pr fault of Licensor ana7bf Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE GQNfRIBUTORY, PARTIAL, JDffiJT, CqWARATIVE, CONCURRENT A>ID/OR<mOSS NEGLIGENCE OR WILLFLJL MISCONDqCTT OF OTOER, AND/OR LICENSOR'S RELATED PARTIES OK,ANYOTHERPERSONEOTERINX5'THEPREMISES l^ER EXPRESS OR IMPLIED mVlTATIOMWLlCENSORUND/ORLieENSOR'S RELATED PARTIES1 ORCLAIMINGBY, THROUGH ORWDER LICENSER AND/OR LICENSOR'S RET^T^DPAOTES.. Licensee/s liability ma>J be HrnWto not less Jthan five million dollars ($5,006,600) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall; not;be;adrnittedto the Pfemisesj:wiflicrtJtfirst providing eviclehtteof geiieral liability irisurancenaming Licensor (Gabrtllo Power ILLG, and its paren^ NRG Energy, Inc.) and its site operatorj NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the! ariiounts:, shown ori Exhibit A, in form reasonably aeceptablertp Licensor's; irisurance department. Prior to proceeding with any activity which may involve risk to persons or property. Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity, Lieehspr may halt any furtherActivity if Licenspr's site safety representatiye determines the activity to"-be^unreasonably unsafe. NPtwithstari<jSng this requirement. Licensee^^ shall be solely responsible for any activities mvolving: its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's cdntractprs, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause; Licensee shall provide an insurance certificate to Licensor which contams the provisions incorporated by this reference. 7 THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENi/S OF THIS NATIJREi ANDLICENSOR HEREBY CONSENTS TO THE jTjRiSDiCTioNXJF SAID STATE. 8, This Agreement is entered into as Pf the date indicated below, represents and; the entire agreement between the parties, and may be amended only in writing signed by the parties, If the safety officer for Licensor observes any unsafe practices, he may terminate the license: granted herein without further notice. 2 ACCESS AGREEMENT - Ninyb & Moote 151 eABRILLQ POWER J LLC (Licensor) IVINYO&MQQRE (Licensee) Authorized officer Its: Executive Director ACCESS AGREEMENT - Ninyo & Moore EXHIBITA InsuranceProvisions 1... Insurance., Licensee agrees that it Is; ultimately responsible to ensure that Licensee, its agents,.representative^ servajitsv eitipidyeeS^cpntractorSj eiMdrnersj or invitees {collectively referred to as "Licensee Related-Parties" in this insurance provision) who enter in, on* or about the Premises have, or shall have in place at the time^pf such ejtitry ("Date of Entry''); Cornraerci^I Geitieral Liablliiy insurance, including cpverage's for bodily injury liability; including death; personal injury. property damage, premises/operations, prbducts/cornplfeted operationsproperty damage, independent contractors. fift4-broad form contractual: liability, separation of irisureds. and no exclusions fdr-any of XC&Uexposures, in support of Licensee's indemnification hereunder, with per occurrence limits of npit less than $5,006,000.00 (whetlief in a primary policy; ;or a combination of primary and excess coversage). .written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation; Insurance that e^teMs^ on, or about the Premises; including Employer's Liability limits of Sl.OQQ.Q06; If vehicles will be operated in,, on, or about the Premises by Licensee kelated,Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to timCj reasonably require, with the premiums fully paid on or before the due dates. Thfe Commercial General Liability and Automobile Liability (if applicable) irisurance policies of Licensee Related Parties shall be eridbrsed to include Licensor Related Parties and its affiliates as additional insureds. The additional insured status on the General Liability insurance policy sliall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrpgation clause in favor of Licensor Related Parties and its affiliates. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be;given; at least thirty (30) days prior written notice of any cancellation or npnreriewal of any siich policy. A duly executed; certificate of insurance with respect to each such policy shall be deposited with Licensor on of before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall bes deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All irisurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Partiesand/or its affiliates), hot contributing with and not in excess of coverage which Licensor Related Parties and/or its affiliates may carry, if any. In the event of any Claim, Licensee shall look, solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT - Ninx'o & Moore ACCESSAGREEMENT iv This Access Agreement is made as of April 3, 2009, between the undersigned Licensor &s. owner, of the premises {or as agent for pi" authorized representative of such1 owner) described herein f'Licensor'') arid Nihyp & Mopre^ address (fax ) ("Licensee") in connection with conducting geoteehnical borings along a potential seweEJine easenient'ieques^edby ihetCity of Carlsbad from Licensor at Licensor's premises generally desoribed:as follows (the "Premises"); an area adjacent;tQ: an existing main line sewer pipeline along the Astern edge^pf OcenSpf s tanic fatin property bordered fey theU^S Freeway and iiie.NCFD rail tracks' afcthe Eneina Generating Station, 4600 Carlsbad Blvd.,,£arlsbad, CA 92008xat;points marJced/Pn: a .drawing;prpvi<3ea, by the Giiy of Garlsbad to Licensor. 2. Licensor;hereby' grants to Licensee the right tcreriter onto the Ererhises and conduct geptechiijcal borijngs:in a^cordaiice with a Licensor approved work plan, to be submitted by Licensee to Licensor (the "Drilling Program"), 3. Licensor is the ov^'ner of said Premises, and Licensor is fully atithorized to^nter into this Access Agreement and has the right to grant Licensee die use of said Premisesvarid each and all of the rights hereto granted and that no one else's permission is required. 4; Licensor is providing access for the Drilling Program without compensatipn at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identiiiied as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes hereiri permitted. Licensee; shall dispose of any care drilling spoils in accordance with applicable environmental roles and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises, Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion, 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless 'Licensor and its affiliates and its arid their respective agents, representatives, members, employees^ successors, assigns, officers, directors, and representatives (collectively, "Licensors Related Parties") fromand against any and all claims, suits; losses, damages, denlands, causes of action and liabilities;of any kind or character (including, but not limited to, attorneys' fees, costs pf litigation and i ACCESS AGREEMENT-Kinyo&Moote investigation and other costs associated theremt]i)(co31ectivel5'?"G;iaims") caused by or arising out of or in ;any way incidental to of connected with the entry or presence; of Licensee'or its'affiliates orits or tliSir agents, representatives, servant?,.employees, contractors, customers, or invitees in, on or about the Premises, or their; activities in set|irig;up'^ceneT^. equipment, sef^ of ;u>e;$f any Preiniiises" equipment, whether imposed-by statute, rule or regulation:6r theory of-strict iiabiiity;and regardless of cause:or of the negligence or fault of licensor and/or Licensor's: ReliteJ; Paf|ies> WMTIfER; OR-NQT CAIJSED.BY Tto:<^MTIiIBtJT6itY. ^AKtlAt, IbiNf, COM? AitelV££QNGlJR&ENI Al^/OR: GROSS iSIEGLfeENCE OR WIL;L?qL MISGQNjDpCT OF QWNER, ANp/QR LICENSOR'S RELATED PARTIES OR AOT OTHmPER^Oli ENTERING THE PREMISES tFNIDER EGRESS OR IMPLIED INVITATION OF LlCENSQPv AM?/QR LICENSOR'S RELATED PARTIES QPy CLAIMINGBY,THROtJGH OR;UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES- Licensee's liability rnay be limited to not less than five million dollars ($5iQO<3,0QQ) or such greater amount as provided: in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises rwithoufvfirst providing evidence of general liability insu^ Licensor (Cabrillb Power ILLC, arid its parent^ NRG Energy, Inc.) and its site operator, HR<j: CabrjOo; Power Operation^ Iric,, and their respective officers, employeesi contractors and .agents* as additional insured;S with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insui-ance department. Prior to proceeding with aiiy -activity which may involve risk to^^ persons or property,; Licensee^^ shall meet with Licensor's site safety representative to review, the proposed activity, and the: safety measures to be employed during the activity. Licensor: may halt;any further activity if Licensor's;:site safety representative determines the activity to be uru-ea;sonably unsafe; Notwithstanding this requirement, Licensee shall be solely responsible for any^^activiti^s involving its prilling; Progf ami and Licensee shall not request the usis or operatiori of ^^any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and, Licensee shall be solely responsible^for any accident or injury resulting front such uS6j regardless of fault or cause; Licensee shall provide an insurance certificate to Licensor which contains fee provisions set forth in Exhibit A attached hereto and incoipbrated by this reference. 1. THIS AGREEMENT SHALL BE CONSTRUED ANi> ENFORCED JN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TQ AGREEMENTS pF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE', . &. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, arid may Be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. ACCESS AGREEMENT-Ninyo& Moor* (02. CABRltLO POWER ILLC (Licensor) NINYO & MOORE (Licensee) BY: Autliorizeci officer Gregory Ti Farraii<i, Principal Geologist AC£ESS:.AGREEMENr-Ninyo & Moore EXHIBIT A Insurance .-Provisions. 1-: Insurance. Licensee agreesi.that it is Mtiiftatelyresponsihls; to ensure that Licensee, its agentSj representative^ servants, employees, contractors, customers, or invitees (collectively ^r^ provision) whqi enter in^ oft or- about th^ Premises Wave,, Or shall have in place at the time:of such entry ("Date: of Entry"), Commercial General Liability insurance, including coverage^ for bodily injury liability, premises/oparatidri, property damage, independent contractors arid broad form contractual liability, in support of Licensee's indemmfication hereundeiy with per occurrence limits of not less than $5,000,000.00 (wbethef in a primary p&liiy or a combination of primary and excess coversage). Licensee Related Parties shall also maintain statutory Workers' Compensation KsurJjnee that,extehds; coverage to; ^yone who ient^irs in, Qii, of about the Premises. If yehicles Will be operated in, on, or about the jPremises by Licensee Related Paities, Lj(censee;sha|l maintam art Autornobile Liability policy with a combined single limit of •$5;<3b6,()00.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with .cprnpafties, on:fprnis^ fed in; such amounts as Licenser may, fi^prn time to time, reasonably require^ with the premiums fully paid on Or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies shall .fee endorsed to include Licensor and: its affiliates as additional insureds. The Workers1 Compensation policy jiiaintained by Licensee shall contain a waiver of subrogatipn clause.m favor of Licensor and its affiliates,: AH policies of msurajtce required to be maintained by Licensee Related Paities shall speciitcaliy provide that Licensor shal} be given at least thirty (30) days prior written notice of any cancellation or ndriu-eneAVal of any sueh policy, A duly executed certificate of insurarice with respect to each such policy shall be deposited with Licensor on or- before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primaiy over any insurance carried by Licensor and/or its affiliates), not'contributing with and not in excess of coverage which Licensor arid/or its affiliates may carry, if ariy. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT-Ninyo&,Moore bs Jayme Foster From: Ross, Rbnaild Sent- Wedhesda^ April 22^:2009 2;43:PM To: Kbdisi Marc1 Stibject: RE: Agua Heclionda DEW Permit Attachments: Lagooh:Boririg; Locations ;Cbpy,jf)g; Mark; Attached is an aerial icjentjfying ;the;boring locatibns at the jagbon. The boring locations are approximate and dependent :on,the ab;i% to access; B-4.it could/be in parcel 210-01(0-41 orin 210-010-26. Boring B-4;is thepniy location that Jias some variables and is,covered In the; count for the previous and currently requested PEN permits; Respectfully, 'CSarilL. <858) 51 4-8822 (office) (858)514-8633 (fax) From: Kodis, Marc fmaiito:Marc.Kodls®nrQenerqy.corh] Sent: Wednesday, April 22, 2009 1 :37 PM To: Ross, Rofiald E: Agua Hediohda DEM P6rrrsit Ron , can you send tfte: boring location map for these 2 borings.. An aerial overlay would be the best like you did b.efore showing the parcel #; From: Ross, Ronald {mailto:rross@BrwoCaid.com] Sent: Wednesday, April 22, 2009 11:24 AM to: Kodis, Marc Subject: Agua Hedionda DEH Permit Wark, Attached is the DEH permit for the borings at the lagoon. Also if you have a contact at SDOERealiEstate it Would bevery helpful. Thank you for your assistance. Respectfully,. ClviL f "$•***"•*• (858) 514-8822 (office): (858) 614-8833 (fax) GARYW.ERBECK: DEPARTMENT OF ENVIRONMENTAL HEALTH ^™ D1RECTOR LAND AND WATER DUALITY DIVISION ASSfS.TANTCHRECrOR- P.p; BOX 129261. SAN DIEGO, CA «2112-9261 S^?-i3ax2222yF.^X;?f9-3|ir2Mi/^80;0-Z4 www.sdcbtinty,ca.9ov/deh/!wq PROPERTY OWNER CONSENT Proposed locations fb:r subsurface work: Property Address: , • Assessor's Parcel Number {APNJ: i, ' ?&• ... ....... • .. , owner of the property/properties listed above, give rriy permission to (\V* t t*'^ "T^ "' /*• "4"iiV\VO \JO •* \ 156*"$ j \ ^v' ^'s/ flf (consulting company, contractor) to conduct the followJng; work at the locations stated ^boye, 13*Vi lt.i'^.4; —/• V, OD Install ^ rnohitoring weils [~| 'Destroy. monitoring wells M Drill •*•* soil borings•""" '~~ '•'" «: : Lf • ' , -. . " ' ' -r^ * —-^r-^h^, /. *, A • , . 1 understand that '^tejf"pM|feP''. Registered professionalVof JVyviiKi'O ^ lY'^t^Tf fconsulfing company) and ah authorized signer for . T'H* ?ja,\}r?T*J (drillinQCornparivVhaVesubrriitteda signed aPDlicafibh to the Departrrient of Envirpnmehtal Health in which they hgve agreed to complete the above-stated work according the requirements of the curreni,$AM.Manual/af ordinances and laws of the Qounty of ^ construction: and destruclJon, I have arranged with the Responsible Party, the person who caiisefe to have :monitoring welis/borinigs installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings. ••••••' X • "XTProperty OwnerSignafure; . . . Date: ..... Print Name: * ', Title: X_ Company; .. ._._____ ...... . Mailing Address: , 5-07) r~ Jayme Foster From: Kbdis) Marc . Sent: Tuesday May 19; 2009:6;09: AM To: Ross^Roniaid- Cc: terry "Smife Subject: REr Revised Property Oywv^ ConsentForm Pacific Drilling AtiachrneritSr f?^jfiepriiUng-pEJH Consent braft^df FoUow Up Fl?ig; Follow/up Flag Status: Flagged Categories: Green Category Attached is the signed DEH property owner consent. We should nave, a:<Jraft access agreement available shortly. Please forward insurance accord from Pacific Drilling; Tfiank';you.. Marc: A. Kodis, PE Regional Engineeriri^ Manager NRG West Suite 104 1817 Aston Ave ' Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Fn>m: [loss, Ronald fmaiito:rross@BrwhCald.com] Sent: Thursday, May 14, 2009 10: 18 AH To; Kodis, lyiarc Cc: Terry Smith Subject: Revised Property Owner Consent Form Pacific Drilling t£ Marc, Please find attached the revised DEH property owner consent form for Pacific DriJJint -to conduct the'tvsto txjrings;at the lagoon. We are working to provide you the insurance requirements for the new driller This should be available in a couple of days. Thank you for your assistance. «Property Ownei; Consent. pdf>> Respectfully^ 7Z«r»c Tlcr&JL : 9665 Chesapeake Drive; Suite 20t San Diego. Caftforniaj 92123 (858),S14-:8822 (office) (858) 571! ,$719 (direct) GARYW.ER8ECK DEPARTMENT OF EMVIRONMENTAt HEALTH , ,. rrv~ LA^pANDWATEft<2UAtlTY DIVISION ASS.STANT DIRECTOR P.6; OOX 1129211, SAB DIEGO, CA. 9211Z-9r6t 61 S-338-M22/FAX 819-3le-23,1 5/1.8PO-ZSH.-9S.33 http://www.sdCdoJi.bf9' PROPERTY OWNER CONSENT Proposed locations for subsurface Work: ' Property Addr-ess: . Assessor's Parcel Number (APN): La* fUt) CZ-\Q 'alo- g^- oo - Q V0 - 4 1 - . . . . Vr<v?f» f r4y^ i tet.J |>C. MH•Mconsuittng company, contractor) io conduct the following work at We Jocations ted a^ove. jstated; * * x~-v Cl Install . monitoring wells Q Destroy ^monitoring wells fil Drill soil borings ^^Jk^VanP (registered protesstonaliof ]V*Vd£ T. vA^3.^--I understand tha . . , authorized signerfor f^t^V^r! tV< iKr^ (drijlina company) have submitted a signed application to the Departrnent (registered protessiorian of .pvtt''dp ". V ,3^°.-- (consulting company) arid an of Environmenjai Health in which they have agreed to comp;lete the atxjve-stated work accordifig t^requirefnents, of the current SAM Manual, all ordinances and laws of the County of San D construction and destruction. I have arranged wittv the Riesponsible Party, the person who causes to have monitoring wel!s/borin,gs instated or existing wej^estroyed on this property, to ensure proper clpsoreoftherrronitorihg wellsVbbrihgs. PropeHy Owner Stariaturte* /^^d-^C ^ Pater. Print 'Name: ^ feJfc ST.. £.* tJL**^S _ Tiflfe- Company: MaifoD Address:* { & l7 A^ DEH:SAM-9503 (Rev. 7-08) Jaym£ Poster From: Terry Smith [Terry,Srnith@carlsbadca.gov] Senti Tu&sday,,Mayi9,2Q09;:2:46(Piyi To: KpdNs, Marc: Cc: Rbss,:ftonald S u bj ect: R E: Cross Section s Follow Up Flag: Follow up Flag Status: Flagged Categories; Green Category Marc, We'll plan on 1:00 on the 28* at your Aston office for now, unless we here differently. Terry From: kodfs, Marc rrhailto:Marc.Kodis®nrgeherQV.cotn1 Sent: Tuesday, May 19, 2009 2:30 PM To: Terry Smith Cc: Ross, Ronald Subject; RE: Cross Sections Might need to do a different day. Need to get a few people involved with this. Will let you know, From; Terry Smith [mailto:TerfV.Smith@carisbadca.Qovl Sent: Tuesday, May 19, 2009 1:18 PM To: Kodis, Marc Cc:Ross> Ronald Subject: R£: Cross Sections Our project manager for the: Coastal Rail Trail would 'like to take a look at the west side of the trackis if you think this might be a more acceptable alignment. If not .then we can meet at your Aston office. If you might be interested in this, we can also do the field trip on a different day. Terry From: Kodis, Marc {mai]tp:Marc.Kodis@nrgenerqy.com] Sentr Tuesday, May 19, 2009 10:43 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Cross Sections That works. I was thinkirrg of meefing at our Aston office. Is there a need to meet at the pjant? From: Terry Smith [maiitd:Terrv.Smith@carlsbadca.qov1 Sent: Tuesday, May 19, 2009 10:15 AM To: Kodis, Marc Cc: Ross, Ronald Subject: RF.; Cross Sections Marc, ni that iis'fine,- How about 1:00 at the power plant on the 28th. I am still workifig with^h^ geotech to clarify issues.,.'t.h'JBn (wil) e-mail yoU an update,po the soils testing and pipe-conditjpn issue. Other than that, are there aYiyoutstanding issues on ihe,work plan. Pacific Prilling fleeds to pYpyide^you with; their insurance certificate and exec'uie your; agreement: arid Ineecl to address your requestfor,sOiis testing. Anything else we need to resoive in order to :move forward with o:ur geptech investigation? Let me know. Thanks; Terry Frorfi: Kqdis, Marc rrhai1to:Harc.K6dis@nrqehergy.cdm] Sent; Tuesday; Jviay 19,2609 9:1.2 AM Tpi terry Srrifth Subject:, RE: Cross Sections HI Terry, Caii'we^postpone bur meeting one week to the .29*? Same time wiliwork fin6 but can work with other times as well,, The sigried/DEH corisenttorrri lias been.sentback and are trying to vwra^ upbther reqijirements forPacjfic Drilling as noted in previously sent email. Any status oh soils testing request? Thank you, Marc A. Kodis, />£ Regional Engineering Manager NRG^West '.'"'''•' Suitel(|4 1811 Asifcn Aye CarJSbad,GA 92008 Off 760-71 Q-il42 Cell 760-535-2119 Fax 760^710-2158 From: Terry Smith tmailto:Terry.Smith@>carlsbadca.oovT $ent: Wednesday, May 13, 2009 12:14 PM To: Kodisj Marc Subject: Cross Sections Marc, As you requested, 'I am providing you with a typical section for the Coastal Rail Trail These sections are from the portion of the project that is complete north of Tamarack, but it will give you a good idea of our requirements and those of SANDAG. ! am also sending you a cross section across the NRG property that we can use for discussion purposes when we meet next. As for bur next meeting, J would like to meet at your office; or the plant site next Thursday at 1:30 if this will \workforypu, I will send you the e-mail you requested about soifs testing after J have discussed this issue with our gebtechnical cbrisuitant, which should be some time today. Rorvwill be sending-;you a new County form foryour sjgnature-if te^ Wso] Ron a new: iigbt-pfHsntry; agreement for our new driller and welwil! get itexeputed:^SAP, Thanksjfqr your cooperationi Jayme Foster From: Kodis; Marfc [Marb.Kodis@nrgenergy.cprn] Sent; Thursday May 28, 2009 11:26"AM To: Terry Smith Cc: Ross* Ronald Subject: RE: Meeting Today Follow Up Flag: FoNowup Flag Status: Flagged Categories: Green Category Thanks Terry, Who Will be at the meeting from th£ City/other representatives? We want to rriake sure thatvve are allowing for the right sjze room. Frdm : Terry Smith rmailto:Terry.Smithigicarlsbadca.gov1 SentrThursday, May 28, 200& 10:07 AM! To: Kodis, Marc . Cc: Ross/ Ronald Subject: Meeting Today Marc, In preparation of our meeting this afternoon , we will prepare an agenda of the items we wish to discuss. Our main topics are the geotechnical investigation and the easements for the new pipeline and pump station. Should 1 bring pur project manager to discuss Coastal Rail Trail issues? Who will be attending on behalf of NRG? Please let m£ know if you have additional agenda items of sub-items that you Would like to discuss. Regarding the geotechnical investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for ;ouf drilling contractor to sign, Additionally, the design team has discussed your concern about the condition of the existing interceptor. To alleviate your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the concrete pipe has any exterior deterioration. We have; already televised the interior of the pipe and knoW Wat it is in gopd condition. We will use this jnforrnatibn, the new soils data, and the record drawings 10 verify that the pipe is able to withstand the current earth loads plus H20 loading for our maintenance vehicles that need to make daily trips to the sewer lift station. As part of our proposed geotechnical investigation, we will perform CBR: tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sew0r pipe from the City's anticipated load conditions. We will be happy to share the results of our geotechnical investigation with you in addition to our load calculations on the existing; Sewer for the City's Ibad'epnditiohs. I look forward to meetingiWith you this afternoon to resolve these outstanding issues. Thanks, Terry L, Smith Jayme Foster From: Kodis^ Marc [Mar Sent: Thursday, May 28, 2009; 11:46 AM toi Terry Smith! Cc: ROSs, Ronald Subject: RE: Meeting Today Follow Up Flag: Follow up FlagStatus: Flagged Categories: Green Category Terry, to answer the;questions in your first paragraph, I! triink we should:keep Coastal Rail Traii.discussipri to rhinirnum but having Sherrj at the meeting would be fine in case there are issues that come up. Agree with yourmain topics; We would like to start to get issues blithe table that will be part of ah ea'sement agreement. Our expectation for meeting length is hour anda half but no problem if we go a:bitover^ The same group will.be at the meeting as last time. In addition we will have a conference line open for anyone who wants to participate by phone. George Piantka. David Lloyd (representing coastal raij issues); BobWojcik and in addition, Alan Comnes who is our Asset Manager for Cabrillo !. Front: Terry Smith [mailto^Terry.Srnithlgbcarisbadca.govl Sent: Thursday, May 28, 2009 10:07 AM To: Kodis, Marc Cc: Ross, Fiona Id Subject: Meeting Today Marc, Jn preparation of our meeting this afternoon, we will prepare an agenda of the items we wish to discuss. Our main topics are the geoteclhnica! investigiatjon and thei easements for the new pipeline and pump station, Should I bring our project manager to discuss Coastal RaiJ Trail issues? VVho will be attending on behalf of NRG? Please let me know if you liave additional agenda items or sub-Items ^at y°u would like to discuss. Regarding the geotechnical investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for our drilling contractor to sign4 Additionally, the design tearri has discussed your concern; about the condition of the existing interceptor. To alleviate your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the;concrete pipe;has any exterior deterioration. We haye; already televised the interior of the pipe and know that it is in good condition. We will use this infbrrnation, the nevy soj!§ data, and the record drawings to verify that the pipe is able to withstand the current earth loads plus H20 loading for our maihtenance vehicles that need to make daily Wps to the sewer lift station. As part of our proposed geotechnicai investigation, we will perform GBR tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sewer pipe from the City's anticipated load condifions. We will be happy ;td share the results of our geotechnical investigationI with you iri addition to our load calculations on the existins sewer for the City's load conditions. I look forward to meeting with you this afternoon to resolve th^se outstanding issues: Thanks, Terry L,.Smith Sr: Civil Engineer City of Carlsbad 1 §35 Faraday Aye. Carlsbad, CA 92008 (760) 602-2765 AGENDA NCR Energy Coordination Meeting CITY OF CARLSBAt) Lift Statiqiot and YistaVGarkbad Interceptors NRG Corporate Office, May 28,2009 1:00 pm I. MTRQPUGTIQNS II. FIELI} INVESTIGATIONS ia. Geotechnical Ey^luatipn i. Access Agreement/Permitting ii. Scheduling b. 42-incli Seweif'Potholing i. Locatidn ii. Subconsultant Access Agreement iii,. Scheduling III. SEWER PIPE LOADING DATA IV. PROPOSED EASEMENTS/PROPERTY a. Sewer Easement b. Lift StationJSite c. Lift Station Access d. NRG Heavy Haul Road V. COASTAL RAIL TRAIL ALIGNMENT Working Copv '"^ I' »;?• ........ 4~ ••it-W f>f ' "f •*f"' ^ ¥' •V .!<%«» "lX "^^V^ >#$~. ~~x£^--^C,/<i. ^ x^^•^-CL Jayme Foster From: Terry Smith {Terry. Smith@carisb9dcaigov] Sent: Thursday, May;28, 2009 4:49 PM; To; Kodis; Marc; C<;: Ross, Ronald Subject^ FW; V/dlnterceptor and^Agua Hedbnda LS Schedule Attechmerits; Obcumentpdf Follow Up Fl^g: FqHow ujs FlagStatusi: Flaggfed Categories: Green Category Here is a copy of our latest;, schedule for your Information;. Terry L. Smith Sr.- Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008: (760) 602-2765 1 days •days da:)* days toys days ^days days days days days days days days days days day* day* days days days days days toys ilayc days days .days days days days days da^s days days tfayt, days days days days dsyi days days. days days days days days days: days days days . MonOl'16/og Ffi 03/13/09 Fri 05/29/09 Mon OW11/09, Mon 05/11/09 Wed 06/10/09 Thu 06/11/09 Mon OB/31/09 Wcdl2/30rt» Wad 12/36/69 tdu 12/31/09: Mon 07/21/08 Mon 07/21/08 Ffi 10/31/08 Ffi 07/03/09 Fri 07/24/09 Mon07/2Vp8v Tue 05/05/09 thu 01/29/09 Toa 04/21/09 Fri 07/63/09 Thu 1Z/31/09 Thu 03/64/10 Thu 04/01/10 Thu OB/03/10 f ho 08/03/10 Thu 06/03/10 thu 06/03/10 Thu 07/29/10: Thu 09/23/10 TJW10/07/10; Thu 12/02/10 Thu 03/24/11 Thu 04/26/12 Thu 05/21/12 Thu 10/21/10 Thu 10/21/10 Thul2/16/iO Tha 02/10/11 thU 03/10/11 ThuOS«5/11 Thu 10/20/11 Thu 01/26/12 Thu 03/10/11 Thu03/10/11 ThU03/l6f11 Thu 05/05/11 Thu 06/30/11 Thi. 10/06/11 Thu 12/29/11 ThU 05/16/13 Thu 08/08/13 W»dt»30/09 ;Wedb6,'IO,'09 Wed 06-'l 6*9 TUB 08/11/09 Pri't 1/08/09 Wed. 1.2/09/09 Wad izraoras Wodiy»W Mon 06/21/10 Wod 06/16ftO M0ft;06/21/10 FriOi/07/11 Thufli8fi!0/09 Thu 08/20/09 Ff! 107.1*08 ThulOnSfSS WedOMifiO Wod 06/02/10 Frt01/07/tlj Wad 09/18/13 W«dO«/01/12J W»dOS/22/10 Wttd 08,'22/'0 Wed 11/03/10 WodM/25/12 Wed 08(24/11 WedOKZWli; W»d 03/07/12 Wod 02/09/11 Wed 12/15/10 Wed 02/09/11 Wed 03/09/11 W«dlWl9/11 Wed 12/28/11 Wed 01/25/12 Wed 63/07/12 Wod 09/18/13 W.d 06/29/11 Wed 05/04/11 Wed 06/29/11: iWed09/07/11! Man 02/18/13 Wad 05/15/13 Wed 08/07/1: Jay me Foster From: Ross^ Ronald Sent: TKufsday/^%28/20094-52 PM To: KpdiSi Marc ' Subject: Potholing Subconsultant Marc, Attached is the proof of insurance for AirX (pothoiing sub). Would you like for me to have them contact you directly to cddrdinale the: access agreement? Certificate.pdf AirX cpntact information: Jamie OWson Business Manager AIRX IMlity Surveyorsi, Inc. 2262 Carmef Valley Road, Suite Pel Mar, CA 92014 85 8-792-2479 Phone- 858-792-2417 FAX!, Respectfully; i9665 Chesapeake Drive, Suite 201 San biego, California, 92123 (858) 514-8822 (office) (858) 571-671 Street) (858) 514-8833 (fax) ACORQ,, GERTlPlcmTEOPLrABlLITYlNSURANGE ^H^T PRODUCER, .phorie: 7^0-304-7.120 -Fax-j 6lS--€99-215i A;li:i:&nt:: Insurance:; Services ,, Inc .EJrixret Coirifnef eiai .XJrbup '57 Q-y Raricheros,. Drive, ,ste; 100Sari:- Marcos'' GA 92069 • INSURED Alrx Utility Surveyors', .Inc. 2262 Carmer Valley Rd- #H: Del Mar- C& : 92 014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW; INSURERS AFFORDING COVERAGE .iNsuRERA.Trarisportation. I . tvsuRERB: First Natl Ins e INSURER^-. . . . . INSURER-D: . . . . : INSURER E: NAICf 20494,,. 24724 COVERAGES THE POLICIES OF INSURANCE LISTED,: BELOW 'HAVE BEEJJ: ISSUED -TO -THE INSURED NAMED ABOVE' FOR: THE POLICE PERIOD IWDICATED.- N-OTOtTHSTANDING ANY REQUIREMENT;. TSRM OR CONDITION OS1 'ANY CONTRACT OR BOTHER -DOCUMENT WITH RESPECT TO WHICH' THIS CEKTI Fl CATS' J1AY BE ISSUED OR MA*:: PSSTAIN, TK2 IfiBURANCE- AFFORDED BY- THE POLICIES .DESCRIBED HEREIN IS SUBJECT :TO ALL THE T.ERMSy:EXCLUSl6NS\ANb:. CONDITIONS OF SUCK POLICIES, AGGREGATE LIMITS SHOWN MSY. HAVE SEEK REDUCED BY .PAID: CLAIMS. INSRLTR A, 8 A : JADD'U: MSRri TYPE OF INSURANCE X GENERAL LIABILITY ^L. _GEJ X CDKSR1ERCIAL GENERA1 LIABILITY— i " ' n~~i 'J CLAIMS MAOEv IX . I OCCUR rL AGGREGATE LIM IT'APPLIES PER; •ixwcy'riS^ Pltbc" AUTOMOBILE LIABILITY X X JL. ANY AUTO AU-O.WNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY XJ OCCUR |_ j CLAIMS MADE DEDUCTIBLS RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER'EXECUTIVE.OFflCER/MEMBEfieXClUOED.? if yes. de&crjb£' underSPECIAL PROVISIONS below OTHER 4-OLtCYHUMftER B2p82:?954-36 2SCC2580491 B2082995114 POLICY EFFECTIVEDATE IMM/DD?YY1 9/18/2008 3/6/200? 9/18/2608 POLICY EXPIRATIONDATE(MM(DD/VYI 9/18/2009 3/6/2010 9/18/2009 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES tea ocourenc*} Jl., 000--, 000 S300.000 MEDEXPIAnyoneperswi) IS 10 ,000 PERSONAL &ADVJNJLIRY . GENERAL AGGREGATE PRODUCTS -COMP/OPAGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Perperajti) BODILY INJURY(Per accident) PfiOPERtY OAMA6E AUtO ONLY* EA ACCIDENT OTHER THAN AUTO ONLY: EAACC' AGG si, 6 00. 000 S 2, 000.000 12,000,000 »a ^ob^po S ,v S S S S EACH OCCURRENCE 1 S 4 , 000 . 00 0 AGGREGATE > WCETATU-:i TORY LLMITS, lOTmi ER EX. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY tlMlt 54,006.000 S S S S $ S DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT (SPECIAL PROVISIONS tE: .JOB XO'9002'f. 'AQUA HEDONIA .LIFT: STATION, AVEKIDA ENCINAS, CARLSBAD, CA, BROWN AND: CALDWELL AND ISCl,Oi>ED AS ADDITIONAL; INSURED PER'. THE ENDORSEMENTS, CITY OF CARLSBAD ARE CERTIFICATE HOLDER CANCELLATION* 10 DAY NOTICE FOR NONPAYMENT CITY OP .CAftLSBAD 1635: FARADAY AVE CARLSBAD CA- 9200.8- 7314 SHOULD AN? OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3EPOS.2 THE EXPIRATION DATE. THEREOF, THE ISSUING INSURER WILL XXXXXXXX XX MAIL 30^ DAYS. WRITTEN NOTICE 'TO THE CESTIPiCATS HOLDER NAME!* "TO THE. -LEFT, XXX-.XXXXXXX XX XX XX' XXXXXXXXXXXX XX XXXXXXXXXX XX XXXXXXXXXX XX XXX XXXX XXXX XXX XXXXXXX, XXX XXXXXX XX XXXXXXXXXXXXXXX. AUTHORiZEO REPRESENTATIVE n\^^^v&>_ sr \ -i^-~A— • ,0 ACORD 25 (2001/08)©ACORD CORPORATION 1988 IMPORTANT If the certificate Voider is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed, A staiemerit on .'this certificate does hot confer fights to the certificate holder in lieu of such endorsements). If SUBROGATION IS WAIVED, subject to the terms1 and condijtions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights: to the certificate holder in lieu of'such end6rsernehti[s). DISCLAIMER The Certificate of'insurance on the reverse side of this forni does not constitute a contrail between the Issuing insurer(s), authorized representative or producer^ and the certificate holder, nor does it affirmatively or negatively amend, e?ctend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Jay me Foster From: Ross, Ronald Sent: Friday, May 29, 2009 9:19 AM To: KodisViyiarc Subject: FW> HASVVOPER Allirtdiyiduals handlihci the drilling are HASWOPER trained. Respectfully, Civil. {858} 514-8822 (office)' (858) 514-8833 <fax) ,^^^^^*vW™««iW^W«^:H<>^M™<™^ From: Frank Noreland rmaittp:ffnoreland@r>!nyoandmoore.com1 Sent: Friday, May 29, 2009 6:48 AM To: Ross, Ronald Subject: RE: HASWOPER Yes, they will all be 40-hour trained and current. Frank Frank O; Moreland, P;G.j C.E.Q, Senior Geologist Ninyo & Moore Oeptechnical & Environmental Sciences Consultants 5710RuffinRoad San Diego, California 92123 {[858} 576-1000 (xl 225) ^858) 576-9600 {Fax) fmoreland@ninvoandmoore.com Experience- Quality- Commitment ----- Original Message ---- From: Ross, Ronald [mailto:rrpss®BrwnCaid .coml Sent: Thursday, Way 28, 2009 4:38 PM To: Frank Moreland Subject: HASWOPER Frank, At the NRG meeting today the question came up whether or not the individuals conducting the drilling and sarnpling are HASWOPER trained. Do you know? Respectfully, Gxil Jayme Foster Frprri: Ross, Rpnalci S6nt: Wednesday; June 03,2QQ9 2-50 Piyi To: Kodis; Marc Cc: Terry Smith; Frank Moreland Subject: (Seotechnfeaf Work Plan: (Ware, Please.find attached the revised/work plan for Ninyo & Mbore's Investigation; in trie tank farm, The new work plan includes NRG"s request for the addition of CBR testing as^weli as:other items discussed. Please contact me if you have any comments or to confirm the work plan is adequate to proceed. Thank you. 106044002 WORK PLAN.DOC: Respectfutly, 9665 Che?apeafee Driye, Suite 501 San Diego, Califpmia, 92 \ 23 (858) 571-6719 (direct) (858) 514-6633 (fax) NINYO & MOORE WORK PLAN AGUA HEDIONDA LIFT STATION AND PIPELINES PROJECT Qur Work Plan for the subject project is presentedibelow: • Prepare a si te-specific health and safety plan. • Mark borings for utility clearance by Underground Service Alert (USA), • Perfqnn a field reconnaissance and mapping of the alignment by a California-Certified Engineering Geologist • Prilling, logging, and sampling of 8 borings with a rubber tire all-terrain or truck mounted drill rig equipped withi hollow-stem augers. Two borings will be drilled to depths of up to approximately 150 feet, one boring to a depth of up to approximately 60 feet,;and five boringsI to depths of;.iijji to approximately 40 feetbeldw the existing ground surface (or refusal). Relatively undisturbed drive samples and bulk samples will be col- lected from the borings for geotechnical testing. Samples front the four borings west of the storage tanks will be tested fdr California Bearing Ratio (CBR) and R-value, The bor- ings will be backfilled in accordance with Comity of San Diego requirements. The drilling program is expected to take 4 days; • Cuttings .from the borings will be drummed and left onsite, labeled with contents and awaiting characterization, Once the characterisation results are received determination of hazardous vs, non-hazardous will be made. Disposal will then be arranged. If soil is cha- racterized as non-hazardous, dirt will be spread in area identified by owner. If characterized as hazardous, the disposal process, including location for disposal will be developed; for approval by owner. • Collect soil samples for environmental testing from up to four boring locations at 5-foot depth intervals, or based on field observations, to total depth of the boring or to the groundwater interfacei-(if^^encountered), using a standard penetration test sampler. • Collect one groundwater grab sample from each boring, utilizing a disposable bailer, if groundwater is encountered during drilling and is of sufficient quantity for sampling re- quirements. • Submit soil and groundwater samples to a fixed-base laboratory to be analyzed for total petroleum hydrocarbons (TPilj extended range by United-States Environmental Protec- tion Agency (USEPA) test method 8015M(B) and volatile organic compounds (VOCs) and fuel oxygenates by USEPA test method 82<SOB. One soil sample per boring and two selected grouridwajter samplesi will be analyzed for Title 22 metals by USEPA test method 601 OB/7471, semi-volatile organic compounds (SVOCs) by USEPA test method 8270C, polychlorinated biphenyls^(PCBs) by USEPA 8080, organpchlprine pesticides (OCPs) by USEPA test method 8081 A, and pH by USEPA method 106044002 WORK PIAN DOC Prepare one trip blank sample for each day of field work, which .will be submitted to a fixed-baselaboratory to be analyzed for VbCs and fuel oxygenates by USEPA test method: 8260B, Copies of all field reports/data sheets, lab reports and draft and final soil/geotecnnical re- ports will be made available to Cabrillo. 106MJ002 WORK PLAN.I3OC Page 1 of I From: Sherrj Sent: Wednesday; JunelO, 2009 9:42; AM To: Joe Garuba; Skip Hammann; Bill Plurhmef Cc: Terry; Smith; Jacob Mqeder Subject: Sjte%st;tq NRG forCoastaJ Rail trail Attachments: CRT Reach 3 Site Visit to NRG.pdf; NR<3;contacts-pdf I have attached sortie pictures and comments from our site visit to NR^'s- parcel yesterday* The following summarizes our observations yesterday: the trail on the west side of the tracks is feasible. Additional study of the location is required. The challenges for the west side based on this field visit are: 1. Crossing the railroad from the east side near the sewer lift station. This may require a ramp and uhdergrouriding of the existing power lines arid other users ori the power poles, 2. Maintaining the tunnel vent. 3. Providing appropriate separatloh/screening from diesel storage tanks. 4. lyiaintaining the at-grade crossing and providing appropriate secu rity measures. 5. TrailJocatibn in area of sbutherly transmissioh |ihe. 6. Trait location in the vicinity of the open earthen drainage channel. 7. Maintaining the spur. 8. Access through SDG&E's property. 9. Access to the Gannon Court project. They have provided an easement and park area for the trail on the east side of the ra i Iroad tracks. 10. Based on the ALTA survey dated 01/10/01 for the property, there is a 20 foot road and pipeline easement to WD Canndn in the location adjacent to the fence. 11. Type of fencing/screening/security required to separate the trail from the active uses on the NRG west parcel. Public Works - Engineering Sherri HowartJ Associate Engineer City of Carlsbad Public Works - Engineering Departrinent 1635 Faraday Avenue Carisbad, California 92008 760-602^2756 {Direct) fax 760-602-8562 file://Q:\EngineeringShared\Capital Improvement Program\3949 Vista Carlsbad Intercept... 03/15/2011 CRT .Reach. 3 Site: Visit to NftG Juries % Z NRG site visit June 9 ^009. Attended by Terry Smith and Shferri Howard -City Of Carlsbad aipd David Uoyd and Geprge piantka with NRG. Potential location of grade separated crossing from east side of rail road tracks to the west side of railroad tracks; May need to underground power lines in thevicinity of a grade separated crossing. This location is at the northerly end of the NRG property west of future sewer lift station. Page 1 of 12 CRT Keaeip; Site Visitfe MftG At location of railroad crossing; may need to ramp on west;slde to gain some elevation; Site appears to be 6-JJfeet lower in elevation. f ttfi:e/t 2009 The area between eucalyptus trees and property ijne fence is currently used as a lay down area for the dredge pipeline. Power poles are carrying distribution lines. Also appear to have telephone and CATV. Page 2 of 12 CRT Reach 3 Site Visit to MR6 Page 3 of12 CRT Reacft .tee 9t View of location of entrance to tunnel under railroad tracks. Tunnel tent can be seen at right near power pole. Vent for tunnej under tracks. Page 4 of 12 3 Sife -V M« t»: Current tunnel carries steam and oil from tanks. After ijieiy ppyifer pl^rit the desalinated water conveyance pipeline. vyiH rarry Entrance to tunnel under railroad tracks. Page 5 of 12 CM "te Tuiinel under railroad tracks. Page 6 of 12 Rfeach 3 SferVMt to NRG lime 9, Diesel storage onrigrit. Sbrhe eucalyptus trees will require removal. Diesel storage on right Page 7 of 12 :CRT Reach 3 SlteWsItto fiw» 9; 2009.. Closer view of diesel storage. Existing at-grade crossingtp be maintairied. Page 8 of 12 CRT Reacl 3 Sice Visit to MfiG [itne-9, Trarismissibp lines frqrn exisiinjg poyi/er plant No spetial requirements for a trail under trthstriission lines from NRG per David Lloyd (pers cornmun 6-9-2009). Tight fit-.at sputherly trartsmissiqr) line. Page 9 of 12 CRT Reach 3 Site %sitto SRG Mhe. .9,2009 Atthis point beyond the transmission tpwers.the area adja'tent to the fence goes into;an uhmaintained vegetated^bpen drainajge channel. Idid hot take pictures of the drainage channel. Thei channel poses and issue^ahd may notLbesa feasibleliocationfdrthetrail. The trailrnay better he located to the west of the channer. This area requires additional thought and researcri. The existing spur is to be rnaihtained. SDG&E property to the south drt the southerly side of the fence. Irt this location the drainage is conveyed in a pipelihe,, however NRG reps did riot know Size or material The drainagf outfalls from under the rai^ open channel is uhlined arid erosion of earth channel is evident; Page 10 of 12 Jura* % Drainage ori SDG&E's property to the south. Accessing Cannon Road through SDG&E's property could be* challenge; Theyard currently is heavily used for maintenance vehicles. TerrySmith nas;a meeting scheduled with SDG&E for Thursday June 11,2009 to discuss the sewer pipeline alignment and thie trail location will be brought up at this meeting. David Lloyd also stated he would talk to SDG&E. The railroad is at grade in this location so an at-grade crossing to access the Cannon Court project (West Development) may need to occur via the sidewalk on Cannon Road, Page 11 of 12 201 GRT Meacft 3 Site Visit to. NRG |ira« % .2009 The trail on the 'We st side Qf the trjacks js feasible. Additional study of the Jobation is required. The challenges for this west side based on this field visit are: I; Crbssirtgthe raiirbad froni the east side nea^the sewer lift statbn; This may require a ramip and uridergrbundjngof theetf^ 2; Maintairtihg the tuhrifel vent. 3. Providing appropriate s6paratic>n/screenihg from diesel storajge tanks. 4. Majntairiing'.the at-grade crossing and providing appropriate security measures. 5. Trail tocatiornn area ofisoUtrierly transmissipri line. 6; Trail location in thevicinity of the open earthen drainage channet 7, ifyiaintairiing^he spur^ 8; Accessihtotigh S[)GJ?i|'s property. 9; Access totheCannon Court project. They have providedah easement andpark area for the trail on the east side xjfttie railroad tracks^ 10. Based on the ALTA survey -dated 01/10/01 for the property; therer is a 20 foot road and pipeline easement to WP Cannon lathe location adjacent to the fence. 11. Type of fencing/screening/security required to separate thei.trait from the active uses on the NRG west :parcel. Page 12 of 12 10IL Jayrne Foster From: K<}diSi Marc (M&rc.Kpc)is@nrgenergy;cpiTi3 Seni: Vtednesday; Jurie' 17V:200? 2;5Q PM; To: Meghan Hearne; Ross, Rdnalcj Cc: Frank MbrelandfJpnathariGoQdrnacheri r!eiakes@ymca;brg; sc6ttsdriliing@cGx.net; tod@pacdrtll.cdrn- Ed Singer; LKunris@hctd:dfg; LisaHill;Ken Mansir;-'Terry Smith Subject: RE: REVISED Orflling'Schedule; AguaHedionda Follow Up Flag; Foilow up Flag Status: Flagged Categories: Green Category Thank/you Meghan; Who are your contacts at the site for this week? Pedro Lopez will be your point of contact for next^ week, If you do not have his contact information (it looks like you may have); here it is: {760)268-4070. (760); 644-0682 cell When are you planning to do the excayation for the existing pipeline inspection? Please let me know if you have any other questions; Marc Mtirc.-A: Kodis, l>£ Regional Engineering Manager NROWest Suite 104 18J7 Astoti Aye Carlsbad, CA 92008 Off 760-710-21142 Cell 760-535-2119 Fax 760-710-2158 From: Meghan Hearne [mailto:mhearneg)ninyoandmoore.a)ml Sent: Tuesday, June 16/2009 4:33 PM To; rrosstgJBrwnCaid.com Cc: Frank Moreland; Jonathan Goodrriacher; rlelakes@ymca.org; scottsdrillinQ@cox.net: tod@Dacdrill,corn: Ed Singer; Kodisf Marc: LKuhns@nctd.org; Lisa Hilt; Ken Mansir Subject: REVISED Drilling Schedule; Agya Hedionda Hi Ron. As requested, here is our current drilling schedule for Agua Hedionda: Tomorrow. 6/J7 at 8 am: M£ET & MARK (as requested by NRQ and Brown and Caldwell); Ninyo and Mpore (myselO and utility locators will attend. Friday; 6/19/atil anuN&M/Scotts Drilling to drill borings B-1,,2,,1 1 , and 24; Molly Dana (SDG&E) arid: NGTD have been notifiedv Gate access needs to' be coordinated with Chad (caretaker at YMGA); Scott wtll make sure his crew is up to date with NGTD certifications arid will contact Lee Monday/Tuesday. 6/22-23 at 2 jam- (after summer camp lets out):. N&M/Pacific Drjliing to-dritl boring B-3; Ghad agreed with the ; schedule ;ph 6/10. 1 left Ypicemails with Ron and Chad to confirm that date and to confirm -gate .access for thia Friday; Monday. 6/22 at 8am: N&M/Scbtts Drilling to drill bbrtngs;B-5; ;6; and 7^n NRG;prbperty. j confintied this today With NRG site contact, Pedro Lopez. * ^Q:DRILLlNlG SCHEDULED FQR;WEDNESbAy 6/24 (as of right now). Thursday/Friday; 6/2S-2& at 8 am: N&M/Pacific Prilljn!:i to drill boring B-3 on. NRG property^ Nj&M/Scott's Drilling to drill borings 'B-Q( 9i:& \Q (most likely just Thursday), Shouid we have any changes, I will send out a revised schedule, Sincerely, -Meghan Meghan E; Hearne Senior Staff Gedipgist Niriyb & Moore Geotechnicaf & Ehvirbrimental Sciences Consultants 5710 Ruffin Road Siah Diego; California 92123 (858) 576-1000 (X1271) (858) 576-9600 (Fax) (868) 688-801 6 (Cell) mhearnefSjninvoandmGore.corn Experience • Quality • Commitment Ja'yjhrieFoster From: Fk>ss, Ronald Serit: vyejdnektay, July: 29,2009 10:04 AM . To:; Kodis, Marc Subject: Soils-Testing with'jhe Tantc Farm Marc, Below is a summary of the soils analysis fprjborings 6 tjlru 1(? (see attached for locations). The only locations with elevated levels of hydrocarbons are B-6 (6-7 feet below ground surface) and B-7 (36 feet bejovy ground surface). Pesticides; were: encountered; $t B-6 (17-feet blow grade). Also; attached are the GBR's tested along the proposed pipeline alignment; Fee! free to contact me If you have any questions, AHLS Boring 106044003 B-6 arid. 106044003 B-6 NRG CBRs.pdf Locatio.ns.pdf B-7T.PDF through B-ldT,P.., B-6 Petroleum hydrocarbons were detected in the shallowest sample collected in B-6 at a depth interval of 6-7 feet below ground surface (bgs); however, petroleum hydrocarbons were hot detected in the next deepest sample collected at a depth interval of 11,5-13 feet bgs, Pesticides were detected in the samplepcllected;at a depth interval of t6-17,5 feet bgs. Only one sample per boring was analyzed for pesticides; therefore^ the extent to the pesticides in soil at this boring are riot Know based on the;current data. Grpundwater was not encountered in this boring, B-7 Petroleum hydrocarbons; were detected in the sample coJIected at a depth of 36:0 feet bgs; however, the sample collected at 40,5 feet bgs was not analyzed. Petroleum hydrocarbons were not detected in the soil samples collected from 6,5 to 31 feet bgs. Groundwater was not encountered in this boring. B-8 through 6-10 Cbntaminahts of potential cohcefh for which the sarhpleis vyere ahalyzed were not detected in the; samples analyzed from B-8 through B-10V Groundwater was encountered in .8-9 and contaminants of potential concern for which the sample was analyzed were not detected. The presence of petroleum hydrocarbons in soil indicates that the soil is a;waste. Pestipides were also detected in B-6, which also Indicates that the soil would be classified as a waste; Based on the concentrations detected in the samples analyzed, the soil would be classified as a nqn-hazardous waste, which could be disposed of at a local Glass III landfill. Respectfully, 9665: Chesapeake Drive, SuiSe 201 San Diego, California; . (858) 57^571 9 (direct) (858) 514-8833 (fax) Agua H^dionda Lift Station, Forcemain, arid Interceptors Carlsbad, California July 15,2009 Oi 10604:4003 Table 1 - Soil Sample Analytical Results Sam pie ID B*6 6*7 8*6 11. 5^13' B.616-17,51 B-6 20.5-22' B-6 26.3-27.3' Br6;3o;9-3i;8' B-6 35>546.0' B-7-6.5 B-7-U.5 B-7-16.5 B-7^20.5 8^7-26 B*?-31 Date Collected 6/22/2009 6/22/2009 :6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (feetbgs) 6-7 __ U;5-13 16-17.5 20.5-22 26.3-27.3 30.9-31.8 35,5-36.0, 6.5 11.5 16.5 20.5 36.0 .3,!-P TPHC6-C44 (mg/kg) 6.4 ND ND NI) KD ND ND ND ND ,NP- ND :ND ;ND Detected Title 22 Metals (mg/kg) - ' ' - Bariutri ?38.6 Beryllium -0.478 Chromium- JO.3 Cobalt- 6.52.29 : Copper ^ 3 .73 Lead -0.573 Nicfe;):- 3.4;1 Vanadium - 29.7 Zjnc-13;l i» —#-•. -- --' i* .-. ^* r- "Bariu.ni •" 356 Beryllium -1.1 1.0 Chromium -9. 17 Cpbalt-337 Copper -5.6 Lead - L45 NickeU5;45 Vanadium -30.3 Zinc .*33.1 YpCs (Hg%) >3D ND ND ND ND 'ND NI> •ND ND ND ND ND: ND syocs (mg^kgji ' :«i — ND i- — ' - -- -- •»•• - .wiM ND Detected Pesticides (Hg/kg)PCBs(ng/kg) "^* - Endosulfaiil-25 EndpsuJfan II - 112 4,4'-pDT-13 ... - - - : ' : . —. ND • ND :•— — . •-- •..-*-• •-T ' '••'•' .-- -"• :m PH X.».' --. 7.98 -^.: " — -^ ..... .--• -- •--, . 7.73- 1 ol"3 Agua Hedipnda Lift Station, Fprcemairi, andI Interceptors Carlsbad* California July 15j;20b9 iProjeclNO; 10604.4003 Table 1 - Soil Sample Analytical Results Sample ID B-7*36 B-8-6.5 B-8-1L5 B-8-16.5 B-8-21 B-8-25.5 B-8-30.5 B-845.5 B-9-6;5 B-9-1LS B-9-16.5 B-9'20.5 B-9-25,5 B-9-30:5 B40-6;5 B40-11.5 Date Collected 6/25/2009 6/26/2009 6/26/2009 6/26/2009 6/26Y2009 6/26/2009 6/26/2009 6/26/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 Depth (leetfags) 36.0 6.5 1:1.5 16.5 21.0 25.5 30:5 35,5 6.5 11.5 16.5 20.5 25.5 30.5 :6..S'" 11.5 TMIC^C44 (rag/kg) 230 ND ND ND ND :.NP ND ND ND ND ND ND ND ND:ND ND Detected Title 22 Metais (mg/kg) ' . ~. Barium - 18.'2 Ghrpitiium - 6.97 Cobalt -4*06 Copper - 0.959 Lead -1,46; Nickel -2.22: Vanadiuin - 27.6 Zinc '6.83 .. - - • -- ^- *V " «. . Barium -30.9 Beryllium - 0,603 '.Chromium "if. 12..' Cobalt. 2,43 Copper -Ail Lead -2.85 Mercury - 0.382 Nickel -3.22 Vanadium - 9.49 2inc-19,8 - • •"• yoGs (ng/Hg) ND :ND ND ND ND •.ND, :ND 'ND;ND ND ND ND :ND ND 'ND ND SiVOCs (ing/kg) " ND —... •»•' •- •-• *- ~ ' - i. ND -- -- .-- Detected Pesticides (Ag/kg) ~~. ND •~ ... - „ -- . -- -- —•„. ' '• ^ND : " " - v^> PG^s fttg/kg) w- NB .—- •—•• •~ •-* •i;. -- .••*•• -.„ — , ND ... ' .— pH -.• 6.29- ... - — ' ... •-- ... - ... ->. ' -- 8.47 —-i .., 2 of 3 Agua Hedipnda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project N0; 1Q60440Q3 Table 1 - Soil Sample Analytical Results Sample ID B-10-16.5 B-1Q-21 B- 10-25.5 B- 10-31 B-1Q-36 Date Collected 6/29/2009 6/29/2009 6/29/2009 (5/29/2009: 6/29/2009 Depth (feetbgS) 16.5 21-0 25.5 31.0 36.0 TPHC6-C44 (mg/kg) ND NO ND :NE> ND Detected Title 22 Metals (nig/kg) - Barium -23.0 Beiyiliuni - 0.595 Chromium -.4.95; Cobalt -1.86 Copper -2,37 L^ad- 0,755 Nickel - 2.32 Vanadium- -$M Zinc -17.0 - -- - VpCs (Hg/kg) ND: ',N0: ND NP ND $YOCs (mg/kg) — w ... —- Detected I'csticidesi (Hg/kg) -«• ND -* :-,- , PCBs;(ng/kg) .. ND- „ • PH .--• 8.36 -^-. --, • -— Notes: bgs - below ground surface mg/kg" milligrams per kilogram jig/lg - micrograms per kilogram DDT - dicMorodtpKcnylltichloroethane PCBs ~ polychiorinated bipfieriyls SVOGs* $eini-volatile .tirgariii; ^pmpqunds TPH - itil?l petroleum hydrocarbons VOCs - volatile organic compounds - - Nol analyzed ldMM4W.lt. «H'1 of 3 80 70 60tx8 so Qlil £40ui §30 <J 20 10 0 115.0 DRY DENSITY vs GBR 120,0 125.0 130.0 DRY DENSITY (POP) 135.0 Description Stlty SAND Symbol Sample Location B-7 Depth (ft) o.g-4.0 Soil%pe SM PROJECT NO, 10604-4002 DATE 7/09> GBR TEST RESULTS AGUA HEDJONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-27 60 od 4Q- LUo* 30 S 2Q 10 0 DRY DENSITY vs CBR 120.0 122,0 124.0 126.0 128.0 130.0 132.0 DRY DENSITY (PCF) Descfiptipn SiftySAND Sym&pl Sample Lociatlbn B-8 Depth <ft) 0.0-4.6 SpilType SM; PROJECT NO, 106Q44002 DATE 7/09- CBR TEST RESULTS ftGOA HEDIONDA UIFt STATION AND FORGE MAIJsl CARLSBAD, CALFORNIA RQURE B-28 2Al COQ Q LU iaaoo 50; 45 40 35 30 25 15 10 5 0 DRY DENSITY vs GBR 120.0 122,0 124,0 126,0 128,0 130.0 132.0 ORY DENSITY (PCH) Description SlitySAND Symbol Sample location B-9 Depth (ft) 0.0-4.Q Son Type; SM PROJECT NQ: 106044002 DATE 7/09 GBR TEST RESULTS AGUA HEOIONDA LIFT STATION AND FORCE ;MAIN CARLSBAD. CALIFORNIA FIGURE B-29 70 COooHI OUJa:o:o 0 40 20 10 0 115.0 120,0 125.0 130.0 DRY DENSITY (PCF) 135.0 Description Silty SMID Symbol Sample Location I B-1Q Depth (ft) O.Q-4,0 Sqill'ype SM PROJECT NO, 1piB044002 DATE 7/09 CBR TEST RESULTS AGUAHEDIONDAtlirr STATION WND FORCE MAIN CARLSBAD, CAUFORNIA FIGURE B-30 Agua Hedioiida Lift Station, Forceniain, and Interceptors Car|sbad, California PfqjectNp. 1.06044003 Table 1 * Soil Sample Analytical Results Sample ID B-66-7' B-611.5-13' B-616-17.5' B-6 20.5-22' B-6 26.3-27,3' 8-6.30^-31.8' B-6 35.5-36.0' 8-7-6:5 B-7-11,5 B-7-16.5 B-7-20.5 B-7-26 Br7-31 B-7-36 Date Collected 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (feetbgs) 6-7 11.5-13 16-17,5 '20.5.22 26>27;3 30.9-31.8 35.546.0 6,5 11.5 16.5 20.5 26:0 .31,0 36.0 TPHC6-C44 (mg/kg) 6.4 ND ND ND ND ND ND ND ND ND ND ND ND 230 Detected Titte 22 Metals (mg/kg) -- . - Barium * 3.8.6. • Beryllium- 0.478 Chromium r 10.3 Cobalt. 6.5229 Coppef-3,73 Lcad-0.573 :Nicke!-;3,41 Vanadium -29,7 2iinc-l3,l ..' —.w •f.. --• '... • « .. Barium -3 56 Chroinium-9.17 Cobalt- 3.37 CopperrS^ Lead- 1,45 Nickcl-5.45 Vanadium - 30,3 Zinc>-33;i. VQC* ND ND :NP- ND ND ND, ND •.ND ' ND ND NDND ND ND (mg/kg) ••^: ' — m .-...*...i..-...... ND Detected Pesticides Qig/kg) PCBs •-*. ^ - ::--' Kndosulfan I >25 Endosulfan 11- 12 .-*• ... • •~-: •~ .... ~.' . —; ' —... ,N,D — ND. • •.-•• ... .„ • ...: — -.'— : ~- .•-- ND Pll ^. - 7,.98 „.. • — '.— ' wi ' ' ': ' -- ':—• •:.. ' • .«." •7,73. Notts: tigs -:biplow groiind surfece mgflcg • itiilligrains pvr kilpgram (ig/kg - micrograms per kilogram PCJBs - poiychtorinatcd biphcnyls SVOGs - semi-volatile organic compounds TPH - low) pctrolaumhydrocarljons VOCs.- volatile organic compounds »-Nol analyzed lofl Jayitte Fcteter From: Kodis, Marc [Marp.Kpdis@nrgenergy.cpTn} Stnt; ; Tpx j6jh!spn@afrxus;cpm Cc: f eriry^Srnith;- fto% Subject: RE: NRG;Wesi:yfcrkprder^etter^-21-09 Attachments: Licenseand Access Agreement AirX.pdf F-oJipw Up Flag: Follow up Flag Status: Flagged Categories: <3reen Category Mi Jamie, Please see attached License & Access Agreement draft for" ybur review -arid ^signature. If you are in agreement^ please sign and: email back to us scanheci document. "Thahtc youv: Marc; A. Kodis> PE Regional Engineering; Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 — --Original Message ---- ..- From: Jamie phi son rrnailto:1ohlsorl(5)airxus.com1 Sent: Fritlay^ August 21i 2009 4:15 PM To: KpdiSj, Marc Subject: NRG West Work Order Letter 8-21-09 Marc - Attached please find our work order and our insurance certificate. If thehe is anything more I can provide to ybu, please do riot hesitate to phone me at 760- 480-2347 pr email to 1ohlson(S)airxus:. com. Thank you for this opportunity, Jamie Ohlsori Business Manager ATJRX Utility Surveyors, Inc. 2534 C East El NPrte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 /"*}Z\(e (20999821) Information from ESET NOD32; Ajitivirus, version: "of virus signature database 4357 The message was checkecl by ESET NOD32 Antivirus, ht't'p: //www. eset. com ACCESSAGREEMENX i. This; Access: Agreement isnjjadeas ^Ottober;2,2<){39j betweenffie undersigned Licenser as ownerof the premises {or as agent lor or authorized f epresentatiye of such owner) described herein (^Licensor") and AirX Utility Surveyors;, 2534C E El Norte Pkwy,JEscpndidp; CA 92027 ("Licensee"') ineonnection with conducting inspectionexcavzrtionsWong afl;ekisting sewer linfe easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises,"): an area where an existing main line sewer pipeline runs along; the western edge of Licensor's tarik farm property bordered by the 1-5 Freeway vand the NCTD rail tracks at the^Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, C'A 92008 at points marked on £ drawing provided by the City of Carlsbad to Licensor. 2. Licerisor hereby grants to Licerisee for a 60 day period the right to enter onto the Premises and conduct inspection excavations in accordance with a Licensor approved work plan'to be submitted by Licensee to Licensor (the "Inspection Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into thisAccess^^ Agreement and hasi the right;to gi-ant Licensee the use of said Pferhises and each and all of the rights herein granted aiid that no one else's permission is required. 4; Licensor is providing access for the Inspection Program Without compensation at the request of, and as an accommbdation to, the Cit)f of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the DrilUng Program. 5. Licensee1 shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by the Lieehsor) excaValiOh spdjls in accordance with applicable environmentai rules and regulations. Licensee shall clean any debris or :rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and, assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, inembersy employees, successors^ assigns^ officers, directors, and representatives {collectively^ "Licensor's Related Parties;") ftom and against any and i ACCESS AGREEMENT - AirX all claims, suits^ losses, damages, /demands* causes of action and liabilities of any kind or character (including, butnpt limited to^ attorneys' feesy costs of litigation and in^igtig^tiorv^iid. otJier-ciDS^associatedlherew (^Qll^ctrvfely,;"^}aims") caused by or arising out of or inariy'Way ihcidenM topr c6nhe,ct6d wijft jfee; eritry or presence; of Licensee orits;affiliaies;:or its of theii'agents,representatives^ servants, employees,, contractors, customers, or invitees In, on or about the Premises,, or their aetivities in .settirig^ipi scenery, equipment, sets,, or use of any Premises; equipment, wfeetlier imposed by"statute, -rule; or regulatidn or theorybf strict liability and regaSdlSss Of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR N01? CAUSE0BY THE eOHtRIBUtOR?, PARTIAL, JOINT, GC^ARATiyE, CONCURRENT AND/OR GROSS NEQLIGEHCE PR WlLLFtJLMSCONDUCT OF OV^NiSJi, A^/ORLIGEN$OR'S REi^ATED PAJITIES OR ANV OTHER pMsOISFEHTERINQaHE PREMISED lM)ER EXPRESS OR IMPLIEKI^iTATIOH OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES QI*. CZ&MM&BY, JHROUGH QR UNDER LICENSOR AND/OR ti^^^S-'R^J^^^^r^SS.- Licensee's liability may be limited to noC less/than five, million dollars ^$5iOO(),;OdO) or such greater amount as provided in Licensee's general liability insurancejpQlicyv Licensee shall riot be^dmitted to tiie Premises wiiliidiLJt first providing evidence of genera] liability' insUrahce naming Licensor (Gabrillb Power 1LLC, andjts parent^NR<3 Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the arhotihts sho\^b;n Exhibit A, in forni reasonably'acceptable to Licensor's insurance department. Prior to proceedihg with any activity which may involve risk to persons or property', Licensee shall meet with Licensor's site safety representative tp review thrproppsed activity, and the saJEety measures to be employed durihg tfie; activity. Licensor may Bait any further activity if Licensor's site safety representative determines the activity to be^unreasonabiy unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its JDrilling Program, and Licensee shall not request thfe use broperation of any Premises equipment by its- technicians or'by any'Licensor operating persOitoei of Licensor's cOntractprSya^ Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor^ whichicpntains theprovisions $et forth in Exhibit A attached hereto and incorporated by this reference. 7 THIS AGREEMENT SHiALL BE CONSTRUED AND ENFORCED IN ACCpRDANCE WITH THE LAWS1 OF THE STATE OF CAXlFORNiA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. . 8i This Agreement is entered into as of the date indicated below, represents and the entire agreement behveen the parties, and may be amended only in writing signed ACCESS AGREEMENT - AirX by tire parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without: further notice. GABMLLO PQAVEEI LLC AirX Utility Surveyors (Licensor) (Licensee) BY: . By: Authorized officer Its; ACCESS AGREEMENT - AirX EXHIBIT A. Insurance Provisions 1*.- Insurance; Licensee agrees that it is ultimately responsible to ensure that ;Licenseev its agents, representative, servants, employees, contractors,, customers, or inyitees (collectively referred ^^ insurance provision) who enter in^ on, or about me Premises have,, of shall haye in place at the time of such entry ("Date of Entry'')i Commercial General Liability insurance, including^ property dariiagfe. premises/ope^ independent contractor^ broad form contractual liability, separationppf insUreds,; and no exclusions fb'ivany of XC&tlexposures, in support of Licensee's irjdemnificaiion hereuriderj wjth per oceurrenc^ or: ai cornbinatiorii of primary and. excess coverage^ written on an occurrence basis. Licensee Related Parties shall also maintain[statutoryWorkers' Compensation Insurance that extends coverage to anyone who enters in, on^ or about the Premises, including Employer's^Liability Jimits^f $1,000,000; If vehicles will be operated in, Oh,; or apout the Premises by Licgris^e Related Partiesv Licensee shall: maintain an Automobile Liability policy with a combined singlei'JItnitof $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereuiider, shall be placed with^companies, on forms and in such anipuiits as Licenspr ^mayi froriii time to tinie. reasonably requir^wim the premiums fW on or befble the due dates. The Commercial General Liabilityand^Automobile Liability (if applicable) insurance policies; of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional itourM status on the General Liability insurance policy s^iall extend to both pngping and vCbmpleted operations. The Worker* Compensation policy maihtained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. All policies of insurance .required. tb be^inaintainedby Licensee! Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate df insurance with respect to each such policy shall be deposited with Licensor on or before the .initial; Date of Entry, and a duly executed^ertificate of insurance With respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried:by•'LicensdrrR?lated'.P^fes)>/notc6nWbutir)!g with and not in excess of coverage which Licensor Related Parties may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Lic;ensee. .ACCESS AGREEMENT - AirX Jayme Foster From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Categories: kodis, MarciMarc.Kodis@r)rgehergy.corn] Monday, October 12, 2009 12:41 PM johlson@aiif>!us:cpm Rbs;s, Donald; Teriy Smith'; 'Stephen Tueting' RES N^G:W^st Work Order Better fr-21-OS Follow up Flagged Green Category. Come into work Monday and things change. Gan'wemake it a start first thing Tuesday^morning!;(i6/2b):]nsteadf; Note that, initially, all contractors involved- with the work will need to go through contractor on boarding which will take an hour; From: Jamie Qh;ison rmailto:j6rilson@airxus.Gom3 Sent: Wpnday, October 12, 2005 12:11 PH To: Kodis, Marc Cc; :rross@brwncaid.cofn: Terry Srnlth'; 'Stephen Tueting1 Subject: RE: NRG West Work Order Letter 8-21-09 Sorry - typo on rny part. Yes, October 19 is fine! Jamie Ohlson Busirtess Manager 2534 C East El Norte Parkway , CA 92027 PH 760-480-2347 FAX 760^739-8034 From: Kodis. Marc rrnailto:Marc.Kodis@nrgenergy.com1 Sent: Monday, October 12, 200912:06 PM To: johlson ® airxus .com Cc: rross@farwncaid.com: Terry Smith'; 'Stephen:Tueting' Subject: RE: WRG West Work Order Letter 8-21-09 Request is for 10/19: Hope that is OK, From; Jamie Ohjson (mailto:1ohlson@atrxus.comt Sent: Monday, October 12, 2009 12:01 PM Qc: rross@brWncaid.c6rn; 'Terry Smith'; 'Stephen Tueting' Gentlemen'- -r At this point iQ/29ldpks fine, Ron; - could you please send me a list of the additional :wprk that you haye so that"! can be sure we haVe'prOfjer equipment arid man powej;bh that -datel. Thank:ypu,; Jamie Ohlson Business Manager '$$2A:C<j&s,iE\ None Parkway Escqndido; CA 92027 PH 760-480-2347 FAX 760-739-8034 From; Kodis, Marc [mailto:JHaTt.Kodis®iirgenerqv.com1 ^nt: Saturtlay, October 10, 2009 7:57 AM Tot 'johlson@ajrxus.com' Cc:'frbss@farwncald.com1; Terry Smith Subject: RE; NRG WestWbrk Order: Letter 8-21-Q9 Seheduleponflicts have occurred, please consider delaying start now to 10/19. Thank you. From: Kodis, Marc Sent: Friday; October 09> 2009 2:58; PM Tbi ibhlson@ai rxiis.com Ccl rrQssi@)brwncald.com Subject: RE; NRG West Vtork Order Letter 8-21-09 First thing Thursday morning, next week? Fforn: Jamie Ohlson rmailtorichIsonPairxus.coml Sent: Friday, October 09, 2009 2:04 PM To: Kodis> Marc Gc: rross@bnvncald.com Subject:ie: NRG West Work Order Letter 8-21-09 Marc- Attached please find the signed License and Access Agreement. Please let me-know how and when wecan:begin work. Thank:y6u, , Jamie 0 his on Business Manager 2534 C East Ei Nbfte Parkway Escondido; GA 92027 PH FAX7&0-739-8034 . Information from ESEXNpD32Aritivirus^ The message :was checked by ESET NOD32 Aritivirus. http:-//\vwv.eset:corh Information from £§ET NOD32 Antivirus, version x)f virus signature database 4500 (200910! 2) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESET NOD32 Antivirus, Version of virus signature database 4501 (20091012) The message was checked by ESET NOD3 2 Antivirus. http://www.eset.com Information from ESET NQD32 Antivirus, version of virus signature database 4501 (20091012) The message Was checked by ESET NOD32 Antivirus, 3 Information from ESET NODSa^Aritivirus^verslofrpf virus signal^? database 45(H ([20091012) The message was checked by ESET Nt>D32 AritiviruS. hitp://www:eset.conT: Jamie Ohlson From: Kodhs, itfgrc [Marc.Kpdis@rirgenergy!cprri] Sent: IFriiday,; Odfejber 02; 200910:56 AM To; J6hisori@airxus.cbni Cc; Terry Smith; Rpss, Bonaid Subject: RE: NR(3\A/est Work ORier Letter;S-2i-0? Mcen$e and Access Agreement AirX.pdf m Ucense and AccessAgreement A... Hi JaniieV Please see attached License & Access Agreenieht draft for your review arid signature. If you are in agreement, please sign) and email back to us scanned document:. thank you. Marc A. Kodis, PE Regional- Engin-e.erin-g Manacer ' Suite -104^ 1817 Astpn Ave Garisbad, Cft S2008 " Off 760-710-2142 Cell 760-535-211? Fax 760-710-2158 * ------ —Original Message-— ---- From; Jamie Ohlson. [mailtpt johlsondairxus.com] Sent: Friday/ August 2i, 2:00.9; 4:15 PM To; Kodis, Marc Subjects NRG, West Work Order Letter 8-21-09 Marc — • Attached please find bvir work order and our insurance certificate. If there is anything more 'I can provide to yot, please do not hesitate to phone me at 760-480-2347 6r email to johlsor.Sairxus.cora. Thank ybii for this opportunity. Jamie Ohlson Business: Manager AIRX :qt'ility Surveyors, Inc. 2534 C East Ej Norte Parkway Escpndido, CA 92027 PH 760-480-2347 FAX 760-739-8034 Ihfofmatibn from ESET NOD32- Antivirus, version of virus signatvire database 4357 (20090821): The message was checked by; ESET NOD32 Antivirus. 1- ..ACCESS-AGREEMENT 1 v ThisAccessAgreement is made as of October ..'2,2009i/betweeii the undersigned Licensor as owner of the premises (or as agenlfor or authorized representative: of such owner) described bereiri ("Licensor*) and AirXUtility; Syryeyors^ 2534C E El>forfe Kavy, Escondido, CA! 92027 (''Licensee")jit cpiinectiptt With cohductifigmspectiori excavations along an existing sewer line easement; requested By the City of Carlsbad froni Xicsensor at Licensor's premse^geheraily described: as follows (the "Premises"}: an area where an existing main line sewer pipeline runsalongthe western edge of Licensor's tank f^^ 1-5 Freeway and the NCTD tail tracks at the^^Encina Generating Station, 46QO Qarlsbad Blvd., Carlsbaci, jCA 92008 at points nTflrkedoii a dra^g provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee for a 60 day period the right to enter onto the:Prenuses and conduct inspection excavations m^ approved work plan to be submitted by Licensee to Licensor (the "Inspection Prbgram"). 3 > Licensor is the owner of said Premises, and Licensor is fully authorized to enter into tins Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else' s permission is required. 4. Licensor is providing:access for the Inspection Program without compensation at the request of> and as an accommodation to, the City of Carlslbad, wthout conceding; that any particular expansion of the existing sewer line easements will Be identified as a result of the Drilling Program. 5. Licensee sliall leave said Premises in substantially as good condition as whett received-by it, excepting^^ reasonable v,reai and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by thti Licensor) excava^ori spoils in accordance wife applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up: and removal has ;pccurred shall be considered abandoned after thirty (30) days, and may^bedisposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release,-"indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents; representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "LicensorV Related Parties**) from and against any and i ACCESS AGREEMENT- AirX all claims, suits^ losses,: damages, demands, causes, of action and liabilities p| any kind or Character ;(including; toriotlitoited to, attorneys' ^s^ costs oflitigation and investigation and; other costs associated therewith) (collectively, "Claims") caused by or arising put of dr in any Way incidental tb or cpriiiected with the entry or presence of Licensee or its affiliates or its or their agents; representatives, servants, employees, confractors, <^^ setting ur> scenery, equipment- sets, or use of any Premise? ^e^rpmisnti whether; imposed by stat^tiB, mle orteguiation of theory of strict liability and regardless of cause or pf the;negiigence pc%ilt$ WHETHER OR HOT CAUSED BY THfe COISrraEBUTORY, PARTIAL, JOINT, CpMPARATiyE;<]O:NeURRE WILLFUL MISCONDUCT OFD^NER, ANDtoR IJCE^SOR?S R^LArrED PAimES OR AN^OTIIE$PJ3RSpN^ tlNDER EXPRESS OR iMlPLiED MVltAXlOH ^f LieMsOR^A^p/C^IieENSQR'S RELATED PARTIES OR CLAIMING BYi IHROUGJf OR UNDER LICENSOR AND/OR ^ UdENSbR^SRELATOD PAl^iES. Licensee's liability may be limited to npt less tb.ani five million; dollar? ($5ipOO,PpO) oy sUch ^greater amount as provided in Licensee's- general liability ^^ insurance policy. Licensee shall Apt be .admitted to the Prermses ^vithout '.'.first prpvidbg evidence of general liability insurance naming Licensor (Gafeillo Povver 1 LLC, and its parent, NRQ Energy, Inc,) and its site operatdr,;NRG Cabrillp Power Operations Inc., and their respective officers, employees, contractors and agents, as additional ihsureds with limits of not less than theainounts shown On Exhibit A^ in form reasonably acceptable to Licensor's; insurance department Prior ;to proceeding with any actiyiry whichmay invplve risk to persons or property. Licensee shall meet with Licensor's site safely ^representative to review the proposed activity, and; the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to bfc urireasonably unsafe. Ndtwithstatiding tfiis requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, arid Xicensee : shall hot ^^ request th6 use or bperation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be ^spleliy ^ responsible for any accident or injury resulting; from such use, regardless of fault or cause,, Licensee shall provide an insurance certificate to Licensor which cpntains me provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7, THIS AGREEMENT SHALL BE CONSTRUED ENFORCED IN ACCORDANCE WITH ttiE LAWS Of THE STATE OF CALTfORNiA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURlSDiCTION OF SAID STATE, 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed ACCESS AGREEMENT-AirX &>»' by the parties, If the safety officer for Licensor observes any unsafe practices, He inay terminate the licence granted herein without further notice; CABMLLO POWER ILLC (Licenspr)v AirX Utility Surveyors BY: Authorized officer ACCESS AGREEMENT-AirX EXHIBIT A Insurance Provisions L Insurance. Licensee agrees that it is xdtimately responsible to ensure that Licensee, its'agents* representative^ servants, employees, contractors, customersv or invitees (cpUeeliyely referred to as •licensee Related Parties'' JntMs insurance provision) who enter in, on, or about the Premises have, or shall have in placeat/the lime of such, entry ("Date of Entrj'% Cbj^ercid Gehei^ Liability insurance, including coverages for bodily injury, liability, including'.•death, personal injury, property damage, premises/pperationsj pioducts/compieiei operations^ independent contractors, broad form contractual liability, iseparatibn of insuredSj and no exclusions forany ofXC&Ue^ with per occurrence limits of not less than $5,000,PQQ.QO;(^ethef inva primary policy or a cpmbMatipn of Licensee Related Parties shall also maintain statutory Workers' Compensatibn Insurance that extend^ coverage to anyone who enters in, on, or about the Premises, incltidihg Employer's Liability limits of $1,000,000, If vehicles will be operated in, on, or about the Premises b^ Licensee RelatedParties, Licensee sfeil maintain an Automobile Liability pplicy with a cprribined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. Allinsurance coverage maintained hereunder, shall be placed with companies, on forms and hi such amounts as Licensor ttiay^ rrorn time to time, reasonably require, with 1he premiums iWlypaicji on or before the due dates. The Cphimercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to Include Licensor Related Parties as additional msureds, The additional insured status on the General Liability insurance policy shall extend to bptti ongoing and completed operations* The Workers' (^mpehsatiph policy maintained by Licensee shall conMn a waiver of subrogation claiise in favor of Licensor Related Parties. All policies of insurance required to be rnaintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior writteh notice of ariycancellalipn or nonrenfewalof any suchpolicy. A duly executed certificate of insurance with respectto each such policy shall be deposited with Licensor on or before the initial Date^ of Entry j and a duly executed certificate of insurance with respect to each subsequent pplicy shaUbe deposited with LicerisbCat least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hefeunder shall be witten as primary policies {primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or^any other insurance carried by Licensee, ACCESS AGREEMENT - AirX •£&!g-&:SL3t^&'*3^ f /^ ^'<&'(••<£ x^F*^ &*-r Terry Smith Frorn;; "Terry Sent:' FridayvOctober 16,,20Q9' 5:1.4 PM' Jo: 'Kodisj Marc' Cc: %cottya)entino@nrgenesrgy,corh';;'Ros?:, Ronald' Subject: Esmt Requirements for Sewer I, iff Station and. Force Main AitapJhrri'eriisi Dooumerjtpdf :l ;haye, attached an exhibit with the approximate Jimits of the area we Heed for easements for the sewer lift station, fprce friain and future recycled water main. If thte is acceptably, ]el me know and j will have pur surveyor begin preparation of the plats arid Jegais, If you wartt arty ctiprigeg macie, piease m^rk-upihe drawing and send it back to me. Please note th^t ;{ am asking for: a 12.5' wide easement for the: force main and: recycled water,main. This ^ives us a little contingency W easement width to 30-feet fhstearfpf-il.S-feeL (f thisjs a problem, please call me,tb discuss^ We can: make: the lift station easement a simpler shape if thjs is desirable, I was trying to keep the arSald a rriininl(.irn, I arn: ahticipating that we wilf prepare . 2 easement documents. One for flie lift slajion aoc! phe; for theSpipelines.. Subsequently, we will then need to -address our temporary construction ares heeds, laydowh: and staging, and construc.tipn access; preswrnably this will be addressed in the agreement that ypu wiji be preparing. Have a good weekend. Please call if you Would like to discuss. Thanks. Terry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of 'Carlsbad 1 635 Faraday Ave; Carlsbad, CA 92008 P: (760)602-2765 F: (760) 602-8562. terry.sfnith@carlsbadca.gov MttJUSUP i(SWQ k~ NClOCMKb If tW OWtMt : Sin MAt^ c*. C»l. D»ELi. SOD ' f.CITYOi6CARLSBAD I yew cr Hans JayfrievFoster From: kodjs, Marc [Marc.Kodis@nrg6nergy.com} Sent: Monday, October 19,2009 10:23 AM To: Ross, Ronald Subject; RE: Currerii layout for SeWer Lift Statipry Follow'Up Flag: Fpllpvirup FlagStatus: Flagged Categories: Green Category I plan oil being at the site so they can contact me. I will let you know if things change. Please provide names of those that will be at the site. I would appreciate if you could put together a quick work-plan. ,1 know we. used a previous; boring as evidence that the material wasAcceptable .to; put back. Can you provide the soils data, of the closest geotech/ehviron mental borings that you performed? What depth arid area are you estimating the excavation to be? From: Ross, Ronald [mailtQ:rrossiS)BrwnCald.com1 Sent: Monday, October 19, 2009 9:12 AM To: kodis, Marc Subject: RE: Current layout for Sewer Lift Station Who should AirX coordinate with for the work tomorrow? Respectfully, ~P,£, (858) 51^8822 (ofce)<858) 514-8833 <fax) From: kodis. Marc [mailto:Marc.Kodis@nrQenerQV.com1 Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks, From: Ross, Ronald [mailto:rross@BrwnCaid.coml Sent: Friday^ October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, VVouid you like the lift station layout as an AutoCAD drawing or pdf? Also Respectfully, (858) Si 4-8822 (office)! (658)514r8833(fax) From : Kodis, Marc fmaiito:Hafc.Kodis@nraenerqvxom1 Sent: Friday, October 16y 2009 7145 AM To:; Terry Smith j Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. 1 am not sure I have that version of the layout. Thank you, Marc' A. Kadis, PE Kegiqna] Engiheering lylanager'"'''' Suite 104 1 81 7 Aston Ave Orlsbad, GA 92008 Oflf 760-71 0-il 42 Cell 760-535-21 19 Fax 760-71 0-2158 Jayme Foster Ohlspn Sent: Monday. O6tobeM9, •2Q223 PM To: 'Kodisiij/lartf; Rp?s, Ronald Subject: Pottoling CpntaCt ^(tfms^on^: Attachments: Potholing Gbntact Information (2),doc Follow Op Flag: Follow up Flag Status: Flagged Categories: Green Category Gentlemen: Attached please find the;;; updated Contract Iri-Fpfi,atlp«l vdttt buir Infiprraatibh on it, thank you^ Damie Ohlson : Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 The following contact information shall be used while conducting work within NRG Property and on or around the 42-inch sevyer; in the event of a pipe failure or if the integrity of the pipeline is compromised:; Contact Entiri^ Water Authority tncj the City of Carlsbad IWIIVIEDlAfELY. Encina Water Authority 1. John Jardin; Director of Operations Office: (760) 268-8820 Cell: (760) 801-9113 2. Bruce Dale Assistant Director of Operations Office: (760) 268-8821 Cell: (760) 801-9110 City of Carlsbad 3. DpnWaskp Public Works Superintendent Office: (760) 438^2722x7138 CeH: (760) 802-4756 4. Terry Smith Carlsbad Project Manager Office: (760) 602-2765 Cell: (7$Q) 613-8205 NRG Energy 5. Marc Kodis Regional Engineering Manager Office: (760) 710-2142 Cell; (7^0) 535-2119i 6. Sheilia Henika Enyironmental Engineer Office: (760) 268-4018 Cell: (760) 535-2705 Brown 7. Ron Ross Project Manager Office: (858) 571-6719 Cejt(619) 200-4893 9. Steve Tueting VP Field Operations AIRX Utility Surveyors, Inc. Office: 1760) 480-2347 Cell: (760) 419-2183 8, Jeff Endersby Task Manager Office: (858) 571-6732 Cell: (858) 349-8117 10. Kenneth Jones CrewBoss AiRX Utility Surveyors, Inc. Office (760) 480-2347 Cell (760) 644-9102 Jayme JamieQhlson 0ohisoh@ajrxuS:.coiTi] Sent: Monday, October 19, iop9 2:25 PM To: 'Kodis, Marc'; Ross, Ronald Subject: PROJECT APPROACH ~ PotHplrrig Atiabhttiehts: PROJECT APPROACH - Pothblirig,d6c Follow Up Flag: Follow up FlagStatus: Flagged Gategprieis: Green Category Gentlenieri: Attached please find our Work Plan for the Cabrillo Power Plant: project. Thank you for this bppb^tuhityi Jamie Qhlibn. Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Nbrte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 PROJECT APPROACH Utility Potholing Utility Pbtholing is bound in terms of scbpe by the contract with the client and is subject to constraints therein and to organizations such as Underground; Service Alert, all ofthe domains that have right of way or franchise rights in proximity to the utility-of interest, Ufjpri receipt' of S signed contract AirX proceeds in typically this order. 1. The area is pre-marked as an area demarcation and then called in to Underground Service Alert;(USA). 2. The area is inspected for the drafting and submission of Traffic Gotttrbl Plans and a permit and fees are paid (if required). On occasion; traffic control must be submitted for multiple jurisdictions such as another municipality, Galtransy Raf Iroad or a Flood Control District. 3. Any special notifications, such as a request for a standby, are made at this time. 4. Uipbn completion of the utility mark outs, minimum 48 hours, the pothole locations are marked and excavation can begin at any time thereafter. 5. Not all utilities are required to be marked by USA, so it is AirX's responsibility to, find the, appropriate party or mark these utilities" directly, 6. In the case of sewers and RCP stbim drains a transmitter or camera equipped with a transmitter are inserted into the pipe for a. location at the desired point on the surface. 7. For locating purposes large RGB storm drains or utility vaults may require confined space entry or hazardous materials protection, all performed; according to industry standards. 8. Placemeiit bf traffic control devices are made in accordances to the traffic cdntrpl pMs. .9, AirX contacts the municipality of jurisdiction to request an onsite inspection for traffic control and excavation, 10. At this time any construction site BMP's imposed by the permit are installed and monitored. 11. Once, exposed the utility is either surveyed directly (rare), or the alignment and depth are marked on the surface for; later recording by surveyors if required (typical). 12. All potholes are backfilled and compacted and patched per the terms of the agreement with the city engineer or public works inspector. 13. All spojlSj water and extracted pavement are removed from the site. 14. All equipment and traffic control devices ;are removed:restoring the site to the status quo. 15. AirX documents all of the work performed and provides the client with a spreadsheet or full report per the requirements of the contract. Probably 95 percent of all projects follow these procedural guidelines; On occasion there are extenuating circumstances requiring additional follow up, sucK as difficult soil conditions, the discovery of unclaimed utilities or unanticipated utility modifications not shown on tile plan or marked by locators in the field. Jayrne Foster From: Kodis; Marc [Marc.Kodis@nrgenergy.eprri] Sent: Wednesday, October 2iv200& 2:4p; PM Tot Ross, Ronald Subject: RE: Current layout fpr Sey^erlift Station Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Sooner the better. Thanks, From: Ross, Ronald ImaMo:rross@BramCaid.com} Sent; Wednesday, October 21,, 2009 2:21 PM To::k6dis, Mai-C Subject: RE: Current layout for Sewer Lift Station Marc, •Vvijj-dOi Unfortunately a rnember of my design te^m responsible for the lift station has been out. I should have it to you by FTiciay.;Hppe,1:hat is OK, Respectfully, T>.C. Cliril (85£i) 514-8822 (office) (858) 514:8833 (fax) From: Kpdis, Marc fmailto:Marc.kbdis@nrgenergy.com] Sent: Wednesday, October 21,2009 2:17 PM to: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Dp you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank; you, Fr<>rn: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please, Thanks, From: .Ross, Ronald {maiito:rrossj8*BrwnCald.com1 Sent: Friday, October 16, 2009 1:45 PM To:;KpdiS;Marc Subject: RE: Current layout for Sewer Lift Station 2M\ VVould you like t|ie lift station layout as/an AutoCAD drawing or pd.fi*. Also do you have a PQC for AirX (potholjng sub) to coordinate with for the work on Tuesday? Respectfully, TZcm. Ciirit {858) 514-6822 {offies;} prom: Kbdis, Marc rmailto:Marc.Kodis@nrQenerqy.com1 Sent: Friday, Octdber 16, 2009 .7:45 AM To: Terry Smith; Ross,, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift; station layout electronically that you laid out yesterday, I am not sure I have that version of the layout. Thank you. Moi'c A. Kodts, PR Regional Engineering Manager NRG West Suite 104 iM^Aston Ave Carlsbad; CA 9>2Q08 Cell 760-535-21 19 Fax 760-710-2158 Jayrrte Foster From: fibss, Ronald S^nt: Wednesday; October 21, 2009 -3:2§..PM To: Kqdis;; Marc Subject: RE: Current layout for Sewer Lift Station Marc, I have another staff member work on it and should have it to you in an hour. Sorry for the hold up. Respectfully, 7Zcr»i. (858) 51*|882.2 (office); (858) 514-6833 (fax); From: Kodis, Marc rfnailtd:Harc.Kodisig)nrQenerqv.com1 Sent: Wednesday, October 21; 2009 3:00 PM To: Ross, Ronald Subject: RE; Current layout for Sewer Lift Station Ron,; do you have an earlier version cad file immediately? Has the location changed at all since the 50% design? If not, d6:Youtiave a cad version of the 50% Design layout? From: Ross, Ronald rmaj!to:rross@BrwnGald.com1 Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject:; RE; Current layout for Seyver Lift Statiph Jvlarc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope; that is OKv Respectfully,. 72cm. Civil (858) 514-8822 (office) (858) 614-8833 (fax); Frorti: Kodis, Marc rniailto:Marc.Kodis@nrdenerQv.com1 Sent: Wednesday, October 2i> 2009 2: 17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for ail your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you, Frpnm: Kodis, Marc JSenf: Saturday, October 17,2009 6:53 AM To: Ross, Ronald Subject: REi Current layout for Sewer Lift Station AutoCAp please. Thanks. from: Ross> Rbna}d;rrhailb:rross@B:rwn(^fd.comT Sertt: Friday, October 16, 2009- 1:45 PM- • Tor Jfedis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would yoij; ]i!<;e the lift station layout as an AutoCAp drawing or pdf? Also do you have a POC for AirX {Potholing sub) to coordinate with for the work on Tuesday? Respectfully^ litm. (858)514^8822(q«iCe) (858) 514-8833 (fax) From: Kpdis, Mare rmailtO:Marc.Kod!sjanrgenerqy.corni Senfc Friday; Goober 16, 2009 7:45 AM To: Terry Smrth/ Ross, Ronald Subject: Curreht layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. I am no* sure I have that version of the layout. Thank you. Marc A. Kodi$f PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off ^760-710-21 42- Cell 760-535-21 19 Fax 760-710-2158 Jayrne Foster Ross, Ronald Sent: Wednesday, October 21, 2009 3:46 PM To; Kpdjsi Marc (Subject: RB G^rrer)tlayc5utforSe\wer:Lift:Statiori: Attachments: AHt.S-PRbP-Sf E/DWG Marc, here is the lift statiorl Site "-plgri you requested. Respectfully, 7ZW. (JfcLMLXbtL GuriL CttJfflft.GJti.tt. (858) 514-8822 (office) (858)514-8833:(fax) Frorn: Kpdis, Marc [mailto:Marc;Kodis®nrgenerciv:comT ^nt: Wednesday^ October 21, 2009 3:00 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, do you have an .earlier version cad file immediately? Has the location changed at all since the 50% design? If not,' do you 'have a cad; version of the 5Q% design layout? From; Ross; Ronald [mailto:ffoss@BrwnCald.com] Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis^ Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it. to you by Friday. Hope thatjs OK. Respectfully, (858) 514^8822 (office) (858) 51 4-8833 (lax) From: Kodis, Marc [mailto:Marc.Kodis@inrQenergv.com1 Sent: Wednesday/ October 21, 2009 2: 17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the" existing sevi/er inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. From: Kodis, Mare Sent: Saturday,-October 17, 2009 6:53 AM To: Ross,, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks; m: Rbss; Ronald [mallto:rrossi>6rwriCafdecooi] Sentr Friday, October 16; 20Q§ 1:45 PM To* KodiSj Marc Subject:: RE; Current laybut for Sewer Lift ^Station Would you lii<e the lift station layout: as an AutoCAD drawing or pdf? Also do you Have a POC for AitX (F'ptholing sub) to coordinate with for the work on Tuesday? Respectfully; (858) 51 4-S822 {office) (858) 51 4-8833 (fax) From: Kodis, Marc rmailto: Marc.K6dis@nrgenerqy.com1 Sent: Friday, October 16; 2009 7:45 AM To: Terry Smith; Ross, Ronald Su b ject: Current layout for Sewer Lift Station Terry, could you please, send me the lift station layout electronically that you laid out yesterday. I am not sure I have that Version of the layout. Thank you. Marc A. Kodis, P.E Regional Engineering Manager NRG West Suite 104 1817 Astdn Avc Carl?b4d,CA 920Q8 Off 760-710-214? Celt 760-635^21 19 Fax 760-710-2158 Jayme Foster From: KodJs, Wlarc [Marc.kodis@nrgenergy.com] Sent: Friday, 0ctober23, 2009 4:57 AM To: Terry Smith Cc: Rpss; Rorjalid Subject: R£; Esrnl ftequifern^nts for Sewer Lift;Stati0h ahd. Force Main Follow Up Flag: Follow up Flag Status: Flagged Categories: Gteen Category Thx Terry. Have a good weekend, — --Original Message---^- From: Terry Smith rmailto:Terry. Smith(S>carlsbadca.govl Sent: Thursday, October 22, 2009 6:23 PM^ To: Kbdis, Marc Cc: rross(i)brwncald.com Subject: RE: Estnt. Requirements for Sewer Lift Station and Force Main Marc, your understanding of the additional easement: request is correct, except that the; additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies bur easement limits. I'11 be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE.-: Esnit. Requirements for Sewer Lift ••Station and Fprce Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday We reyiewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed: a; 14 ft easement with the Western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding: that the additional 2.5 ft (12>5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that ah additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message—-- From: Terry Smith rmailto:Terry.SmithOcarlsbadca.govl Sent: Friday;, October* 16;>.- 200? 5:14 PM; To: Kodisy Marc Cc: Valentino, Scpt^ 'Ross, Ronald' Subject: Esmt», Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the, area we need for easements for the sewer lift station, force main and future recycled wa.ter irjain. If this is acceptable, let me know and I will have our surveyor begirt preparation of the" plats and legals. If you want any changes made> please mark-up the drawing and send it back to me; Please note that I ahi asking- for- a 12,5' wide easement; for the force Wain and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please pall me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a nrdhim'unu I am anticipating that we will prepare 2 easement documents, pne for the lift station, and one: for the pipelines. Subsequently,; we will then need to address our temporary construction area needSj, laydown arid staging, and constructionaccess; presumably this will be addressed in the agreement that yoij will be preparihg. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith Terry U Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad i635j Faraday Ave. Carlsbad, CA 92008 w^ carlsbadca. eov P: (760) 602-2765 F: (760) 602-8562 terry. smithlScarlsbadca . gov ^tKWICMVo tf'*G*S 1,»*. SRO»M ua> C*. LDK..EI, LMM'CmnpMlu iM*i. »iii« «09»n tn^», ««. Al!!3 f. j PROPOSED IMPRdVEMEWS ; •WStACII'jIO.BW JaymeFoster From: BOSS, Ronald Stint: Friday, October 23, -2Q09:12:34 PM TCK: Kodis, Mare; Cc: Terry Smith Subject: RE: Esmt.^Requirements for Siewer Lift Station and Force Main Attachments: CA-Sah Diego-Ddcumerit-Yeaf.D6clD-1964.113886.pdf; Parcel_2A.DWG; Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-inch sewer. Respectfully, Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833: (fax) Original Message--—- From: Terry Smith Tmailto:Terry.Smit Nicarlsbadca.eovl Sent: Thursday, October 22, 2009 6:23 PM To: kodis, Marc Cc: Ross, Ronald Subject: RE: Esmt. Requirements for Sewer Lift Station arid Force Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits^; • i'li be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2089 7:23 PM To: Terry Smith Subject: RE: Esmt. Requirements for Sewer lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. 3ust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the17.5 ft existing easement width? My understanding that the additional 2.5 ft (12v5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks . -----Original Messagie---.-- From: Terry Smith rmailto :Terry .SmithOGarlsbadca . gov'l Sent : Friday^ Qctbben 1$, 2Q097 5 : 14 PM :'Tp: Kqdis> tore" Co; Valentino, Scott;;; 'Epss, Ronald1 Subject;: Esmt* Requirements for Sewer- Lift Station arid Force Main 1 have attached ;an exhibit with the approximate .limits of the area we need for easements for the sewer lift : station, force -mairv and future recycled water main. If this is acceptable, let, me know and I will have bur surveyor begin preparation of the plats and legals, If you want any changes made;, please mark-up the drawing and send it back to me. Please note that I am asking for a- 12, S' wide .easement for fjie force riiiain" and- recycled water fliain. This gives us a little cqntingency for thef recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet, If this is a problem, please: call me to discuss. We can make the lift station easement a simpler shape i-r this is desirable> I was trying to keep the area to a; minimuin. I am anticipating that we will prepare 2 easement documents . One for the lift station and one for the pipelines. Subsequently^ we will then need to address our temporary construction area needs, laydown and stagingj and constructibh access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like tp discuss. Thanks, Terry Smith Terry L. Smith Sr^ Civil Engineer Engineerirtg - Design Division City; of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Www.carlsbadca.gov P; (760) 602-2765 F: (76:0) 602-8562 terry.smith@carlsbadca.EOV MX DIEOO CODKTY.BUIF.•:. . \?*s;-.«,"•if/ti .?*& 3-•Tarn. '^: ,•^i- •SP*•'*a"rt—:3 Hi-~-<i»jUj 31 _'*;:; v3| -a=ra•-•£?<?'JCSN. -® •ir;1 I ".' -V1 ••S3" The' • ' •* •>:;„• >/;• ••• .'"; K.... ••••'• "C' ^;:""--.: s "••;".:.'.City pr.C*:rlBl:*<1» ».wmici?M,-.eorp.ojr»tieo, •,.«•'• "t«n»niB ir CWKIM, h«r«lii«I'wir' ..';•'./. •" :'• '..W'- 'fei • :' -^ "K. •?>. •;';!" -:J'-; ' ,., •- •%.. ' t ' ,'• • ei the .prBnto«,':"th«ly;^iBweceeflCB-» «vi: *»Bie»»,' in •«««•(«•• «ss;i'.i iptsi, iajdtr «< "- •• •' -• ' repair,' , -I;' f; repair, ,in*5^t»in^ «wi.<)i«r:».t* .* '•ever pwqipig'.etition,- nwer plpeUiw, .^tnholoe, ^ „ •ever later»i pipeline*, -fetb .*ll tb»- n*e«oe«ry: eo,uijm*n't .»ad »pj5Brt«»aiie«i) ther-tc, ;,, . ..: i 4, : ., { .:• <. :': .-. * .. '.'.-. '; : j. ' togexher vttii «n «cccs« jfe»d''iw«fe'«lB4 «croas -the b«r«'iB»I% <J«Bcrib»d. l««l», - ; | together -vith tho;:riKht 't« cl«'»l wu! VeeB/cSaori »»id «w«ent«i fron. bailSlnsn. '? vttti «n »cccs« *o*d .'iwind «er«as the t»a*thor -Kith thoiright 'fc« cl«'» wu! V*ep/ci«>or: e»ld "; :;, . "< • |. ' , ,. I ._ ...?' struct ttr«n, ms.t«ri»l.enrxl other JhJLz«o-E». th» iwis licvhlcM oi :••'•!' j'of Cari»b«S,; County1 of >i*r«ts • •'-.• "' :; ""''jT " ciinreriaS»,;';«ad' . i: -I'.5»id .e*««g>nt for ->t»tion' ; .Uvth* City. |. _' •-. - • • '• ' •,j>»rtlcul«fly>d««cri.Dtjii , iu »or« . . . -here.gf .•-,»o.1 :.823t.i'l'la4'lji» the. .: , ' H«coni*r:,bf ;siaid County of Sun Diego, Movtnfcor: 16," '"' '' 1931.20 from . be '.Sw»4erjy./Sino of the 100. V»y of : the Xtchlood,-. Topck* and SaBVt.jPe Riilwoy opposite ' .St»Uc'n.':!8874 ,plua 20.80, a*i<S Zui^McT'o !StaUon..b«lns diefeeV5outtiii»tt«r.iy|«lcng->>ifl:'«en-t«p- jitw of ;'*«ia ri^b't.pf y»,lt» Jlntfersoeilon with the, JSor-tharly ;b'05iixlBJ5 -«f »«i<l R«iicho;.' ' '.'ttinni;«;feot. p_6liit.at ri!ght'angjle;s--EaL8t«riy,';roiii.'tte cejite'r lliw .oJC. sold xd>;ht of i way';;Bt,te8^*T''oiBt»ttb»i:.2262>lBslS|j.^Oi eoifl.point .beiteg also at: _ |' "'' " " ~ ' "' "y, k distance-of :75.0iy fe«t • (rcn -th* center " " '' ' ' or: i;e3.oca.ti<injOl ssid . 31. Sp: oJC, 8«id- rel^eitlon -ftB ,<i«acrlbod. in peefls- from' the. fitek?o - iif:*eoo«tlon to Kelley of SsBtfs,' iSecorfla s 'the 'TRtE oitb htToiM dezcrlbed.;:..t!iiBine« r.-em * ' '.Socth .37* .Jfi'-.Off'j ; August ','" i,ti :!ipok. , ,of iftid CoVinty . ef SaH Cic.goy said, laot .nontionod PCJJBf CF, 2EOIHXISG "of- tfte Sewer .pvmpJng t.tatian •' J. h lc. be«?ini; ;per -peei recorded lr.Veav: . :to)f''iaoj;g?,tJie.;Sor*Jies.5tcr3y right at v»y :ajid.:.ilong..» lia*' w»t is pirid.'J.l With, trad 75.«30 '•««• , mcisiirsiS «.'a8Sre**aeXe»,Vrem's«ia cenier- Its* of - reioeation' o£ R«iWy right.. a.",---*?, » «IAii«yw or 59,..*! f«»i to «' •p*lntj-*w^^.6ld5;i>ii^t|i*'taM.iatft^?^i>w>,-Awi. 4osi^ciiied!'RO 'ytejj»ti\yk«|';ibi>»jji» oenid3|:ttijraj- -ii^R. a4td?.?forfe«(*Bt«r:ly;rittbt.'' of- y«y.f3.in*ji,:;^-.;di»tij»e»f of;lj(0.p9'-f»»'tji th«r«»^Soti"tirvit^tBr3y: *Vrii^t;kri^^o''JB^'^05[^«^ of 75*O0i?e'ei^£ot*,iao'ift-.of':S»ilviqr<?ri(ttit|'ofj;'v*^'f.;^io^«/S^ib<e'«St«ri3r:-*leakg'-;aiid;'«eot«p:' , lin*;:of jUWwij^l'jii dJ^tttee«-:if|12pVoo/\f««ft-1th«*!* '• »crtii«»j>.t«rli'»t'- Wgbt4nj^^^;pa^e»at*?i:ii«.:-:of-H^l^ of .6?.00 I••jti,? Jiipref erf'i».Bi'j'!-:tro'-«ft: JLnter'irtsctiea 'vftfcf iti/£ii»-Ui-ly. 3.in«>':of •: B*id'AteJliiiorii •:Jo^lw\iW^:S<^nv^T*;iB*liv«j^;;1vrleb* of ivay^"*t^octd;Eii^r^:'3iJ*.i9."*»'l«rS>4*\'M»K«Xle^-;Ihye'Bt»on,t Cpn^« iy^ .«':,cijrper»ti6ni'i;;^TIxi' ite.At»on,.. Ji^V»»»^'-iteiri:F?:..RidlLv«y'Conip«^jf»-';e^ AueiietiSCi^ajOSiJ^li. Bo6lt.l7j.:*t;,p^i?j-:a.l"-of;;!p!««id«i,f jfWordiraf s«iij: C«unty: oti'Jftn 'fliegpj.''-th*we ;iOLone'..s«4<i'.;:fe«ntirly ^i^hV'oCciB.&uWe^o4'23VOO;f-»«t,:'»or«-:or:;;a»i>3ii,: :TX>'.tiM>.;'TKCE :ror swwr pipeline 1? norti<i; as x etlevj i Tl>»t' eertujjn portion «f s*id U>t * wit'hin th<$ boundaries oT »trlj) of Xyir.j; 8.75 *««t,i nw»?orf»d «t rigb* Cm »t «f R*Bch« in tfc*Commencing J line of the ri#» of v*Jr cf TJie Axcfcisoo, r C'dmpAB5-,1 «S S«ia rljbt of v»y •"»* «»tAt>Ui>bod cm QfficliO. ;R«cord«r;of: ."** ••'of'-Sin-iloebjf tJxSic»::««rlii •66*,;ii\ lb«-.£»Bt;::ia;ong--thtf- SoutliBMitirayf liMS'pr^:i5i«^0^&:^'«! tries--Cc«;v.ay'« l«nd;"' ft^diBtaocftj^fvlU^^f^itoii^oia^^hixih- wil4:)ioiRi. 4* '.•*».2ElKvPOIWfOP-?^a!to»}i)f:i*«:M^riPi» UfiKjr:::-^., ««id!TBCBSTOJNT|OF-::BEpI|n|rp:0::i>i..«r»i}Iorthi66*..-5jj|»;.aof:-l«u>fc,.,*. <*i»*-»!w»: of' 61i^:ife«t ffe"?oii^"«**^:iL»?»ridi7*SM;^^l«;'di»J^^ .ift.-:»*i«l . B*«i-reCCT^ed^<:'Bcoit-;ll7ar»i;j^e-3S05^^-M» WUfr.O." line thatcie p*r«Uel right tuples r«fc tl«>topefcft '»ail Scot* T« 3637.57 feet, sicirii or ef vJLth «ad 33>,00;r-»«rt JterttwMVrty, wM«r»iS «vB srtS»»»t«rli' ri0>i «r •>"¥ lu>» of »»id *t<ht«i,j R»iLw«y CoRpw^'e rlcht *f,»*y, * «i#V«>v« cf •% lisa, to * point 'tf in««rw)*&len wiu, u»' ], ;•!' ;*3 -" ' ',•., 1 : I - . * •'- . ,.: :•arljr, iuvlhB::n|r«din»; :o£. 00,00-f««t|.':thence; South^•arc ipfj.:B»ii'?i^e,>:{throv«h;)a;;ConWai-:*T^l«'-6f-." 7*:' 03 i*of';73i.?i feifctp. a'pplat: of-intfrsectiort^ith: the/ ' •••'••••.-••:... >-••_>••„ *•!.. IVW.i Hiijien -7__..y, _,_.... . rye,.;"jU5r9v^R;;a;;.ccn»^:-»>Mti.^ ~-• « a ta.s;tanciei*-of-;73].?i feeifitp. *::ppiat: Jrf.-int»rsection:;with: the,Jtoj^frri^^JundMT; 'IMS*! cC'.'Jbiitf^Iioti1-^' -ofi^auehp :'Ag\i«.'.Jieiiioj;»u», *aid;;;point:?or;.lat«rs*ctg.pii being ,tbft!«v03J':pp2Jf ;.'* .5BOJWINO;,*!:' tiw^s«we^)pip«14^^*s«WB^:ier«%^»^r^HIKECfOIlfeCS": KGIMHIHGv^otrttt:^l^ia^t^O".JE*irt^..*.-'d3Ls:t«iw:i:'.«f-' :3B3;.6^|f.eVV:toj-to;<^giSo^w^ ;Soutl^»fl^r^»''"|iaytig/Ji:radltt6;:'pfili0j).0b^ •alow»tJ»r4«W'^.^'-**W*!Wv*i^thp«^tf''^^^^^00'^;«^diata'wclof;- S3-j| f «etj"ttienc«;'-;Sou^23?vp2«;) 30"- EMt?:; d^Soi^h':,2|p p6^.$a«)yJa^d:U;^^e^<•Ji87i^"foetvtp^;t^ingfbf'v,» |^8n^'ndc^ry«5;.:ico»eaye:rM^he*8^rlyV!;b«.-yiig * ,::-of^l400^bb;-£eet3|^M^«^ot^e^i«riy :alienK ?*»-*«*''of-- -ttSAtitsfi+r 'th»OBEh;i»,e«irt*aX a^^'^ate:^6«r06*;;:;A';di*tanee> . or. lafi^Tbi-f«*td: »or«;'or ae»al;.to?»5pBiwfc;ef^iiitersection ;«itb- .-:- -i'vrii: •i^a.i^u^Jf.i ---'':" ;'' ~---^-.^ 30" or- JXOi.i.y"'*'™*'^!-»«•*,< -tho Sorthvesiesly'line! •' .?'".;_;.' i: 'i:. , ^f . -*• Parcel 1 of tht ">~»— -- _-- -abor* in P»c«l 1. >oad it; inoTe-p^ticilarly-; descr.lb>d, a.P~:- •" -d:" 1.. Saw- eftBoiriesli. .™ , _folliowa'i:'i;V-"%-sf^^.,.-.--'.1ri.... J-A.^-> ^ V-" --"i-^^ v:., ... „•.;-•.•,..,Xhitvcertain" •porticR' of wdd'-io*iltH" -»f Raache: ,A.gu* Sediono*;:;l^i^,^thinvtheibe«y^^*'-ef^'«t^'cf;"a^ lrt;;id4tJJi, lytagr:iD.<Lpp. f*«t,}^kwi*iiid;At;:'ri^i£ Angles 'oa.[>acb. Bide., of ,,tbe foWoviRgc6^seril»(i^e«n^r4lii«!>a'i;'i •• •~#<:v.--&^:l';:S. ''^~^ ••'' '•" " ' ' nin^'ati;;i^;pPi^^6;eai^R^d:;*8.Poiat-^*,iiijTa^ ^•;^^r^^pB!^\'>M>i^'^f^^^^*. *r»rof *•'»wu~««^»..iiiiCijrwiy "coJitay* %utto»e»t«r.iy^'-h«idJ^5' »Radius 'of- . >ItO ;<X)" Ceetji !a ^aiOiil'4iEiv:^Jv*«i<5"enrv«- j^sSnRj.thrpughfjB«id; -poi»t ieawi North-1^ Itl'^Ji11- Weirt^t^ace^EaJ^ly^Sbatterly^alpng.mitf^prB.ibf srid^cDry•i-^*hrough^a..c•J!tr•3i a^l*.;-of'92?|19''':0?1j:" «;:'•*•'•''••'"*"• «^;'Ati. ' • j..- *••*_..a^a c«rve;:1;Sotttti, '13*12.begJjjiJing* of1-irtangerit' curve,,':coiocJiri>'«p3r-Mw«.Bwo* dy.» a——» .-.-of 2iM;oo^eet^-the^So»^r^;^;Soij^aa^r^isaad'eferay- ia>rpagh i'c«rLtrAi angle. •ofi-S*..'SO' '00".; a jBistaae«^56f,,' 33^155 'feet: to;.* Tsbiai.-'of \^V»T»6ctipnv^ih;;aV.liM.-«i«t-..:U, parallel;with :aadv,Jit,00 fe».t jJortheaat*:ray>: »ba*.vr*d *t .ri^h,*lanEleB,.,fro!iith«vKpr^aat«^,J^;«f^^«V;iCttiOq':£obt'ra^h*-,or: way,?of .fbo •'•. , ' AtehiByaj Topeka.i«nd|SaatAir*- S^Xway Co»?aay^-*5 said righv of VByivA'a-eatatiiobed tin September 22,- 1?W. '-•• -*-° . v ..-,-*.•»•.,•- -"'-rv- f=, ,>:'|':.... . vork izi' c!onjiec'tion|'Iv^'^l^'*'^^01* W^^*?^e*;c^ tb'V roid» '«ngitsc,*ring practices, and Graatee, -tUeir swcc«8aor», 3 r "* " A **1 exist-in^ crliii f wr n"^ riAniare to from the constructio'a said Crahtor's property. f uias-o: f aolll-tleo' oc^asioncd by '•Si'-' m.*.• -f*f -ij .fc «*oire iA P«rc«l- J; "" " in. fTOB.thei.SotttheastBJ';i5''.ieR?ila!i3( o?; *h», r.ooi ««3«B ; ''' '••:• , • ' ',-!'£"•'•••• f "I ' '•' Tlthcnoft.SouthimjTierl^^klpng ttio c«Btjir liie'xif ..itSc «laiin .'vith «*d lii.C$ *«eV:$rttoa^ -• -fe . * '.'.'••','.••(•; j t-r.f- ' .' V''. •! 'XI ' •-•••-;- "' ' lopeic* «nd,S«nt*' Fe :Billv«,y'.;C8rjpwyi B. :irigtt:cf^viw t<> tb« ' '' ..... .•'•. . :'"• ..'. |.i*... ••; -|r^|- ---OJ:-'"' "'"V* " • 'fe" . j '..V"'" .aran^ijr'Va p«rceVofil««J^ the ?»jvt«r. 3U.n*;«t. 30!^ txistin 'Vitb; the »«n*ii.' line's,^:- t»«i']wBw»r pi»«ajji«;- eiumnint «e'.serlb>d ' -'"!6f»st<sr ' ....the .r'P»4: p«r.eel JA. to ua« f; of? . .-...-...!: it :. .''US; ' oovr. 6i>" iii the iu^w.;d»w . rights. ab«il not jbe «cerci=ed in eueii .manner SB 6r«nt»e 'tb»of' such 'ii«iliti.«s..«4 it' • " ' , .It*", . r SB tJ-bB • locpii^itlble;. vltl)' tt»/jh|js^ta- .beirlr »g«»« tb.irt.-li'-lfof inj .r»»«on a»ld «*s«ii>»j»t« -^raid nt«e for.,* eohtlnuois pa.ri'ei"•'oflonrr.ill). j;««rV"'"than..ill right* herein grinicd' 1: T»v*rt: to tbe: Cr.«ntor>, its .«ice«»sor»; car- !iaaie«i8," *utoo»tic«iiy tad without the iieee»altjr of,, re-iiijjtiy. or nctle*. • • ; »' ' , , 6>«iVo«, .4h»ti-...»uoc»«i«», »sM«Tui.«hd.'.i<»nta.rurth«r; *5r»«. to .atte «oeh T~7;'F- "TT7 ^?^^?f*BB-*«w^ <*_««. t«.nw ty or irislng out of tb» conntructlm,-mfcinten*nc» or «oe of .eMiJ »ecept S«ri Diegc'lpaa fi!,Eiectyl6;Coraainy hereby; .covienasta and S«el«!-«:v lr. »e<;t tth tho. TublicJUtliiiios iefe of tke Sitto of Ooiifornlo. 'that, thr propcrtj *b«j'-io Tilt necJo* «* isswfi.i^'-Ue ' .^-f* property ' lt.a to th<s pabjic. and it is net n*ed»>«i for or us«Iul in this conduct of 15/a bunliw^a........... _,,. ... , .. , . ,. • ; ., ... ... . . . I(i WITNESS WHEfjBJW-, :U» Grhnior execuiJed these jwosonvs U>ia. '/'_• y CAN - . ri c Vico P , ..... ,. \ ^•rtT&rc ''•i... .»•;•'.'. -.'•."••iii;,,,...•«'- Sscr.etftrjr i ; f:? f'l i !r.i- 111 II I! ' ssss; *•$. -<•.%» -1 m •siii••:-••-& -*:•- , _•_..- - S«er*tc^yj -ot swi^cieop •cts &ccrpcr*ti.on tb«t «xec;uted jjtie vltiln *xtcu«*ti tho.vltliifl {JuBtruinentj, ei b«J>«a* cf 'thc^corporatdoii •ekncwledgod to me tt»t such eorp^retlon tx«cut«d the within to it* By-I*y» or » iBaeolutlon of'jltD Bofttxt (^.Directors,' I" * " •'»»,nto*»TiRXo ^»^ 1 thereto, dtfly eonais»ionecl . Jcncvji to m vc te» t»» _______ . knowv to 3* to b» tb6 ac C OKftUff , a copporiitton, th« ,; tacwn XQ'JM to b« the persons who •the d«y and yew. in thla ccTtificBt* firat »br h t i- t,SNotary ' I-' i In und for- s*la iouw?1 «nd it*t«..ML.U WM> CBA¥, ^r /*»r*ny>U*Cic. < ,.;• . f*(wortit of^ttt m V r\\^7'v^'V^' • I i• ^VR,V;^V^- ; I ! /s flt,r fecordinRjfinaitj 10; Lctha O:.t finch t '( 'p.<>; ' -City -5- •»» — . - ; •-'.'.]•'. /.r ,i' .- V '. ... ' ->?.- •' !•' - '•-.. .... , '.-C •-•Tnj» at to certi/y'that the in erc«t m'r«al»pxop(frtycpaveyc<J by: the dcro: or g»^t.<teii^rAprffl\9»*J,9'<54"J*'fe^^''I5i*i^'>^%/t;'Ele^^ _Comj»h}'»! a. and/or :oeve'i-nine3)taljaircj5cvl:'ia'.3icreiv, *ceepte'd'br. orSer of the Bo-ifd of bWtfjr sfcs tfto yisbr^ct Jn real pr ^-'i^r^'?'l /r-raa ...*^- Jayrne Foster from: Ross, fbnald Sent: Friday,;Octpber23,^20p9;2:24 PM tb: Kodjs, Marc Subject: RE; Esmt. Requiretrients for Sewer Lift Station^aftd Fc>fc« Main: Attachments: SSyOsurvey^basie Layouti, (1 jipdf Marc, The: AutoCAD drawing is coordinate correct, (state-plane}: for importing; into any cad files from your: surveyor, I attached a pfd of the; file overlaid onto the topo at the; tunnel' location, in the graphic the red line is the NCTD right-of-way arid in blue is are the limits of the sewer easement. Please contact me if you need anything else. Respectfully, Ron Ross P.E. Senior Civil. Engineer (858) 514-8822 (office) (858) 514-8833- (fax) --- --Original Message- From: Kodis, Marc rmailto:Marc.Kodis0nrgenereV.co!Ti1 Sent: Friday, October 23,; 2909 12:42 PM to: Ross, Ronald Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Ron, I don't see any background on the drawing. -----Original Message----- From: Ross, Ronald fmaiItb:rross@BrwriCaId.com1 Sent: Friday, October 23> 2009 12-:34 PM To: Kpdis, Marc Co.: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-ineh sewer. Respectfully> Rori Ross P.E, Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) Original Messag^ From: Terry Smith nnailto:Terry.Smithficarlsbadca.gov1 Sent: Thursday, October 22, 20096:23 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Esrot, Requirenients for Sewer Lift Station and Force Main Marc, your understanding; of the additional easement, request, is correct, except that the additional 5 ft could be for a. slope, small retaining wall, or drainage swale. Roh> Can you provide Mare Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kpdis> Marc [Marc.Kodisfnrgenergy.xom] 5ent:; wynesday, October-21, 2009 7;:23'PM Jo: Terry Smith Subject* RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought: I had responded to this email as I mentioned at the excavation site. 3ust didn't; press the button. As I mentioned.,, last Friday we reviewed ALTA surveys of the area encdmpassing tile forced main pipeline. In past documents you have shown a 17/5 ft existing easement fro(n the boundary of the gas easement., The surveys we reviewed showed a 14 ft easement with the western boundary of the, NCTD ROW. It appears that the Gas: Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion waS fpr future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and (existing;surrounding grade. Can you please confirm. Thanks. -----Original Message----- Frbm: Terry Smith Tmailto•.Terry'.Smith@carlsbadca.gov1 Sent: Friday, October 16, 2809 5:14 PM To: Kodisj Marc Cc: Valentino., Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I haye: attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and i will have our surveyor begin preparation of the plats and legals* If you want any changes: made, please mark-up the drawing and send it back tb me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little: contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. l"f this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I Was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown arid staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks., Terry •.; Smith •Terry L, Smith: S-p-i Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday five, Carlsbad, CA 920(38 www;..carlsbadca-:.gov- P: (760) 602-2765 F: (760) 602-8562 terry. smithjScarlsbadcavgov: Terry Smith From: Terry Smith: Sent; Wednesday, November .2$; 2009;11;34 AM Jo: 'Kadis, IVIani'; %CQtivaJ^ Subject: FW; E$oit- Requirement forSewsr J-iftStation and Fbrce Main Attachments: Document pdf To All: As we;agreed in our meeting of October 15,1 sent you an exhibit on the following day showing the area we need for permanent easement for both the pipellnie arid sewer lift, station. Although I ftave had a couple phone epnversatidhs^with MarCjsince this dates I have •repeatedly requested a;Written :resRonse tb thi^e-rnail arid exhibit;;l dq not wantto spend time and money preparing plats and legal des^^^ will not sign: Additionally, 1 am still waiting for a draft agreement to address all of the other access issues during construction etc. Laistly, I alsp need NRG's formal position on th^costpf these easfernents.! have discussed this issuewith the Planning bepartmentanditwasalways their understanding that the easements would be provided to the City at no cost. If NRG does not agree and wishes to be compensated, this obviously changes the process and. I need to hire an appraiser. I appreciate the cooperative effort we have experienced to date, but the process to resolve issues has been taking much longer tharf it should and is beginning to affect pur project schedule. Asyou know, toe lift station and bridge need to be replaced as soon,as possible because of their age and a sewage spill in this area would be devastating to the environment Please let me knovy when I can expect a written response to these issues. Thanks, Terry Smith ——Original Message—- From: Terry Smith Sent FridayrOctober 16,20095:14 PM To"'Kddis:, Marc' Ccr'scottvaleritino@nrgenergy;cpm'; 'Ross, Ronald' Subject: Esmt, Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the platsiand:legals. If you want any changes made, please mark-up the drawing and send it back to me:^Please note that •'.! am askingTor a 12.5' wide easement for the force main arid recycled water main; This gives us a little contingency for the recycled water main and also rounds off the total easement width toi30-feet instead of 27.5-feet. If this is a problem, please call me to discuss^ We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a rninimum. I am ahtibipatihg that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our fernporary construction area needs, laydpwn and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing, Have a good weekend, Please call if you would tike tp discuss. Thanks, Terry Smith otO Terry Smith From: Kbdlsi lyiarc [iy!arc.:Kodis@nrgeriergy;c^rn] Sent: Friday* December 18; 2009 12:39:PM' '" to: Terry;Smith Qc: Lioyd, David; Valentino, Scott Subject; FqlJowup f tornrecentdiscussions FollbW Up Flag: Follow up Fteg Status: Flagged Terry, This is ai follow-up to our conversations; over the last few days. We look forward to-continuing pur discussions and working towards mutually agreeable arrangements relating to proposed use of Cabrillp Power, dedications and easements. We confirmed; to you that we are in the process of arranging for releases of existing bank encumbrances oh Cabrillp Power's rear property so that dedications and easements can be timely made; to meet the Poseidon project financing requirements. We also indicated that the process is complicated and expensive, and that y^e preferred to complete all of the land arrangements at the same time since it involves multiple parties (lenders, Poseidon, the City, other property interests). You advised us that the City is currently working on an agenda for a January 4" meeting in which various property use items: will be discussed. We stated several basic principles regarding the open issues, which need to be resolved as a package. These issues include: l/ The scope of the second pipeline encroachment outside of the existing pipelineeasement, and the extent of proposed land requirements for new improvements at the lift station; • Identification of construction timing and restrictions, contractor and equipment staging and lay- down areas, access, and landscaping; • Access/loading across and on the existing sewer easement for future Cabrillo construction,and operation needs; • Coastal Rail Trail alignment, including an NCTD under-bridge crossing on the north end of the property; • NCTD double tracking improvements, upgrade and cost of the private crossing accessi and potential cost sharing arrangements among the various users; • Easement for and installation of new reclaim water facilities, a connection for each of the Encina Station and CECP, and service, and sewer service for CECP; • Compensation for lease/easement use beyond the scope of the PDF commitments; and • Transfer and use restrictions ori the coastal bluff property. Thank you in advance for providing a copy of the Interceptor Alignment and Sitting documents and Preliminary Design Report developed for the project. Pending review of these documents, we believe that an agreement could be reached on multiple uses for the proposed pipelines and lift station improvements and we remain open to discuss mutually acceptable conditions for the extensions proposed, '•" " * - • . •„ We would appreciate your cbns;iderat|on in including the issuteCidehtified above and look forward to the; City's proposed agenda for the January 4<h meeting. Finally, if you should have any further needs for any Encina' Power Station site Visits, please contact ;me directly at 760-535-2119, or Scott Valentino at 760-71 0-2145 or David Lloyd at 760-7 10-21 47, Marc,A.Kodis,i'E Regionai Erigi' 104 1817 Aston Aye. Carisbacl,CA 92008 Off 7^-71 0-il42 Cell 7^0-535-21 li? Fax 760-710-21 58 Gity of Car is dad 1635 Faraday Aveque Carlsbadv California 92008 (760)602-2720 ENGINEERING DEPARTMENT TO NRG West 1817 Aston Ave., Suite, 104 Carlsbad, CA 92008 LETTtR OF TRANSiyilTTAL December "21, 2009 JOB NO. 3949 ATTENTION MarcKodis RE;- ' Vista / Garls bad 1 nte rcepto r Seyver WE ARE SENDING VOLT Q Shop Drawings Q Copy of letter Dated; H Attached Q Under separate cover via d Prints D Plans Q Samples Q Specifications Q Change Order Q the following items: COPIES 1, DATE 12/21/09 NO. • bESCRIPTiON CD of VC Sewer Design Reports (pdf fprmat) containing; Siting and Alignment Study dated June 30, 2006, Final Preliminary Design Report dated September 2008 • D Resubmit ... copies for approval n Design only; not for constfuctjon O Return corrected prints D. : THESE ARE TRANSMITTED AS CHECKED BELOW: Q Forapprovai O For checking £x] For your use Q Approved as submitted Q As requested- Q Approved as noted n Fovr revfew and comment ED Returned for corrections Q For your action REMARKS AS you req.uested, 1 am providing you with copies of previous design reports prepared for this project that establish the basts of design forthe current project. The plans and specifications for the project are currently nearing 90% complete, The information contained in the reports has been discussed with NRG since the early stages of the project in 2005. If you have any questions, please feel free to call me at (760) 602-2765. COPY TO:. ,Fite-3949 - Correspondence- NRG SIGNED: Terry \L Smith n enclosures are nptas:note<i, lundfy notify us sionce:. n 106 Jayme Foster From: Ross, Ronald Sent: Wednesday, December 30, 2009 1 0:02 AM Tor Kodis; Maro Cc: terry Srriith Subject:; RE: Adtoead versions of;50% design for Lift Station Attachments: AHLS Hello Marc, Hope yby,rjad a Kappy 'Holiday; Attached isjhe latest lift station plan. J Have all Included the waste? yyaierpipeliries, grading arid station facifities. Respectfully, TZcrtUL CttfiL (858) 514-8622 (office) (858) 514-8833 (fax) ni: K6djs/Harc[mailtQ:Marc;Koais@hrQenerqv.coml :Seht: Tuesday, December 29^2009 11:06 PM Tjp: Ross, Ronald Cc: Terry Smith Subject: Autdcad versions of 50% design for Lift Staton Hi Ron, hope all is well. Wpuldiit be possible tp get -au^cad versions of the 50% design drawings for the Sewer PipeJirve/LiftStatibn/Bridge i on the Encina iPower Station property. We would like to integrate the images into other planning documents that we are developing. Thanks. Happy Holidays! Regards, Mfffc A, Kodiis, />£ Regional Engin'sermg Manager NRC-'West ' "; Suite 104 181 7 Aston Ave Carlsbad, CA 9i2008 Fax 760-71 0-21 58 MEETING AGENDA COORDINATION WTH CARLSBAD ENERGY CENTER PROJECT 4, 2010 9:30 a.m. to 11:00 a.m. Ca rlsbati City Hall Law Library 1. City to Present Trail Alignment Options - East vs West • ReyieW Exhibits • SDGE & Poseidon Issues/Conflicts 2. Setter Lift Station and Pipeline • Easernent Requirements • Schedule^ • Construction Access, Staging ^andLaydown • On-Site Environmental Mitigation for CSS • Future Recycled Water Line • Compensation for Easements — POP Commitments 3. Carlsbad Energy Center Project • Protection of Existing Utilities • Availability of Recycled Water • Sewer Service • Access Roads A, NCTD Double-Track Project - Private At-Grade Crossing • Potential Cost Sharing 5. Transfer of Coastal Bluff Property to City £»>v :^/^-//<• r <-' C ^ ^ •X Coastal Rail Trail - Reach 3 Raifroati Track *E^ Monday, January A, 2010 ALTERNAtlVE*A^ Alignment Ldcatett ort East Side oYRaHroad Tracks -^ f < -- a., BENEFITS: i. Least amount of retaining wails are needed: estimatedI at a reduction of 11,10Q .SF/cqjiipared to the west side alfgnnrient ii. Least amount of grading, clearing, and gjubbing required. iij. Lieast ampunt of asphalt paving with an estimated savings of 67 tons compared to west sicie; iv. Construction cost is less than West: side alignment with a savings in a range of $750,000 to $1,000,000 because of the more direct alignment, less grading is required, and has the least amount of retainljig walls required, v. Bends in; the alignment are significantly less compared to west side alignment^ because the alignment proceeds directly off the proposed bridge crp^singrAgua:Hedionda Lagoon and; proceeds straight south to Cannon iRoad. vi. Coastal Rail Trail easement can be placed directly above and remain wjthjn the 3ewerpipeline ea^ernent vii, Coastal Rail Trail improvements can be used to provide vehicular access for niamtenaihce 9hd: repair service by the City for numerous facilities including th>traji, the existing .and, proposed interceptor sewer pipelines, the proposed recycled water pipeline, the proposed sewage lift station, and by SDG&E for their gas pipeline. b. CHALLENaES: i. Need to develop satisfactory solution to resplve vehicular conflict with h|RG'$ "at grade; crossing" of the railroad tracts, ii. Need to consider impact of crossing the SDG&E "Substatioji site" property. SDG&E staff indicated they will not be able to commit to alignment at this time, i'ii. Trail will need to consider providing protection from potential cHemical storage; area: for IslRG's propbsed power plant, iv. Requires the trail and;pedestrians to proceed from the; east side of the rail road tracks to the west side of the tracts using the "at grade crossing" of Cannon Road- v. Will require easement from Cannon Court property; AL.TERt^AT:V£Jg.wA!;gr.rr.ent Located on West Sictepf,Railroad Tracks c. BENEFITS: ; 1 Elirtsinafes active "M grade crossings- :of. the rajl: road: tracks for pedestrians using the trail; the exception is the rail road spur to; the Existing N.RjGp£toe/plant ii. Provides direct access to west side property which could potentially, be developed b;y NRG, and SCp&E, arid a more direct access; to Carlsbad Boulevard and the adjacent coastal area, iii. Provides a better view from ^the, trail of the coastal areas and bceart on the vif£st side of the traces, iy, Proyid^s access for pedestrians to tour the Desalination Plant when it is constructed y. West side alignment is supported by NRG-staff; d. CHALLENGES: i. Liquefiable soil is noted aiong thai portion of the trail ajignrnent located adjacent tti and: on the south side of Agua Hedidnda Lagoon. May have up to 6X settlement in the event of an earthquake: ii. To proceed Binder NCTD bridges requires the profile of;the trail to be much sfeepSr than east side alignment approaching maximum allowed of 5<L iii, AA/ilt cost potentially up to $1M rnpre becaijse; of additjonal retaining waHS; length of the trail, and associated improvements, iv. Need to deveJop satisfactory solution to resolve vehicular conflict with NRG's "at grade: crossing" of thfe: railroad;tracts, y. Wi!! need to consider protection from the chemical storage area ofthe proposed Desalination Plant; VI. Will :oeed to consider "emergency access from Cannon Road" for Desalination Plant. viL Will need to provide Poseidon Resources access to 54" desalinated prodijctpipe line and pump well for maintenance. viii;; Traffic conflict with railroad spur to NRG's existing power pliant ix. Aiignmerit will require crossing • SDG&E "Emergency Equipment/Maintenance Yard" property adjacent to the railroad tracks requiring reyisiorts to their existing entrance driveway from Gannon Road. SDG&E staff indicated they cannot commit to approval of alignment across their property at this time. x. Simultaneous- aece$s by heavy equipment for Agua Hedionda Lagoon dredging operations must be considered where trail is adjacent to the lagoon. j GQNGLUSIQNS cosi.,ra?iying ^ :a savings of :$75d,DO to::$i^DO,000. b. The .east side alignment impacts the: least amount of NRG and SDG&E property because the trail would be placed Within the required sewer easement. $DG&E staff is acceptable to approving the Sewer Easement;; c. Tile east jslde; alig'nrneht provides Maihteri&nce access for several facilities.: d. The profile: of the east ;$ide: alignment is relatively fiat compared to slopes approaching 5%: forthe west slde^aiignrnenl e. The west side alignment is; more aesthetically appealing^ provides^ better views of the pcean and the- adjacent coast and lagoon, and provides better connectivity to coastal areas and potential commercial development of NRG and SDG&E property. f. The coastal rail trail would cross SDG&E property on; the east side and also on the west side alignments; SDG&E staff yert)ally indicated they cartnot corormt to approval of an easement where the trail would cross their property'for either the east side orwest side alignments. g. NRG staff verbally indicates support for West side alignment. 'IQHS „ EIH2T !~ .w nay (jeotw' ' gjll ^.,-,.*j vs Mf-'CM- ^, COASTAI J;AIL TRAIL'f *"• «r .u- CO ASIALR Ail: TRAIL «?6K»5£0 fZS"ADdiVOHAL $z*eft tarr ;EK yXaV'SCw^'/sur * ,NCJP WW.KWV. 1 " ~ ~~^- ^J" ~^_71. "•---_ — y /— iMpicinm far/ /•[/ ' ' '•'"' ' ' ^ •'•X, ; !• T ^-./^^ •" : 't*" ' iVeOM^tfJl OMMJf • V;<Wr-*wri'4-t^Syi. f, '.'ijViwfs \ 1JU-JgJ Ul "its""" V- Os_. ^T\ COASfAlRAil TRft)C..fg:AST SIDE) fwjunr ML w'*orA B\ COAStAl. RAIL IBAIL. .(VjEST. SIQf). . 4 7 Klilf .SV * . « V.SCM'lM' CpKeEPTUAr.::CES!GN :»«4aif.-i-'"'-;—• *~"'™^ aM5. . lASTt WEST ALIGNMENT 11-tOOTO LJ ro*wiwiy—v ~~"—•—~ -"^-^^^-^^^^^T-^^ •:;£^*^.^-^W«^^tews^ ^ t ^v -™»^ 1^—-J-M.-«/». :^ 1^<**; van nous •*—\j. f- fffCW »£ACK,<OF CRT neutnclcx. »a ..-«*•* uo»t nu •~A r C»MJ.,tines'™*\ ITfi 1} .n/w • ' »' *»t tiCW W«C -rr\ ««MQiC^I«t(|NK/ . \ ' •;.•*•- "'-'JL^A.*• V..JM..M ..,.^~' «:WS.»( DtScaiKnoN:"-•- -art= CONCKPTUAl DESIGN :i3~, ReCQRPJNG: REQUESTED. FOR; THE: BENEFI WHEN CITY OF CARLSBAD 1200 Carlsba^ \flilage Drive: Carlsbad, CA 92008 MAIL TAX EXEMPT STATENfcNTSiTQ; EXEMPT ,.', SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grarttorfs) declire^}: Assessor's Parcel No,: 210-010-2S&4t Documeritary.trarisfer;ta>;:is$0.fifi Project ID: 3492 ) comfsutcd on full value of property conyfeye4, or Related'.Project; ID ( } computed on ;fuJ! vaUie less valuexjf liens and Project Name: Agua Hed'ionda Sewer encyrnbrance^remainlhg'at-tirrietof s;SI^. Lift Station & Force Main Repiac&ment ( j Unincorporated area: '$ Ci^ of Carlsbad, and; '."".'. . . '.. ______________ _ GRAhiT DEED OF EASEMENT _ _ FOR '.-A VAl.U/'iiBLE CONSIDERATION, receipt of : which is heretsy acknowledgBd, ), LLG;. a California Limited Liability CbrporaUuii the owner of rfeal properly described herein located in the City of Carlsbad, Son Oiego County Californiahereby GRANTS to ~ ..---.--.•• ••.'.-•. •, . City of -Carlsbad, a Municipal Corporatiorir the follov^ing described teal property in the City of GarJsbad, County of San Diego, State of California: SEWER LIFT STATION ^DAPPimTENANt FACILITIES: the puDlJc sewer easement granted, herein .shall be granted for the foHowingf purposes: the construction, operation, fepair, reconstruction arid air activities necessary to'constoicj; reconstruct, operate, maintairi and repair facilities desj^ned tor the general purpose-: of coiiectingj storing, tfapsppfting. pumpjog and treatirtg all waslewater, including surface water, strearn water, flood water and ground water flo*ing:intb said fecipties, and structures of any kind, whether above or below the surface of the ground; Said facility may include -pipelines, pumping facilities, •.'•odor control treatrtient facilities; chemical storage, structures designed to screen or .-grind; wastewater, sffuctures designed to enclose eijiergency eJeein'cal i generators aijd all racilities, pipeirnes, conduits and structures .associated with said -use* which are designed to facilitate 'trie use and protect :trie facility '•'from; /latural and other forms of damage inctudingi but not limited to'.; erosion- contrpl facilities, storrr? water treatrnent deyices, fences, gates, doors, locking devices, alarms^ lights, and a!! other protective facilities and devicefc The easement for said facility may also be used to revegetate or create native habitat as required by necessary City, State or Federal1 perrnit$, The use sha:li also incfwde a means of access to and from said facility for the purpose of ^constructing, operating, nspairing, rrtaintainiing, ;inspe.cring, and reconstructing said facility, uses described herein shall be exclusive to the Grantee, Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor niay the, easement oeused, by;ttie Grantor or any other person or entity, including other .ujSUtfes, whether puttie or private, for uses whether compatible or incompatible wstrj *!e uses described herein without the express written approval of tfie Grantee, PARCELA-3;: SEWER: PjPEUNES* the public sewer ease.itifnt granted: herein shait b& granted for the: following purposes: trje constructiojiv operation, repair, reconstruction and .all activities necessary to construct, Teconstruct, operate, rnairitain arid 'repair facilities designed fbr the general purpose Qfcofedting, stoMngi/trarisporlirig, pumping and. trdatrfig: ail waisJewater, including sUrfaice; water, sjrfearivwafer., |'!go,d:waterai)d ground water flowing into said facilities, and structures of any kind. Whether apove or below the surface of the ground'. easement rnay; include gravity sewer pipelines; sewer fo.rce ;rhains and buried structures necessary, to facilitate inspection and cleaning ^^ of said pipeline s;. The 'iise stellalsb: include- a rneaii^ of access; alorig said ;easernef5t for the purpose of constructing, operating, repairing, mairiiaihing; inspecting a'ndrecVahsWcthgsaidfaciJjty, Granto.f-; herein agrees that ho." buildings .and/or structures Will be erected,,. Walls constructed, fences :bu|!t nor trees ,p!an;ted: within slid easement The easement shall not be used by the Grantor Or- any other person or entity, including other utilities, wBether public or private, tor uses whether ^-compatible w incbmptttble ^vyitfi tee: Uses; described he;rein without the express written approval of trie Grantee. LOCATipN OF THE/ EASEMENT: The easement granted herein: shall be .located witrrin and upon the properties rnors particularly described if Exhibit ''A1'.: Exhibit "B" is attached for clarity Only. Ill Ill: III in ill lit 111 111 111 /// Hi M 111 111 HI i R«ecl> DATECL (Print (Title} ByS (Sign Here} Ae^NOWLEDGMENT DP EXECOTION BY OR THE (Print Name f^lECMIFKJKIS iOP' THJgj CQPY OF DIRECTORS THA;T IS: SI<5fJED;, BY SECRETARY OR; ASSISTANT SECRETARY OF CORRpRAfipN, UNpa*CpRPORAte:SEAi SPEC/FICALtyEwip6\WERiNGT^EiND!wUAL SIGNED; in BEHALF of THE ^pRPpRATIQN VWUt SHOW SUFFjCieNT AUTHORITY OF SAJft (W5IVji50At TO ACT IN TWIS MAT TER, IT IS RECOMW1ENDE5 THATV PRIOR TO THE:feX£CUtiONfcif? THIS EASEMENT; THi: PARTIES ooNJsUi-T WJTH ATTORNEYS WTHRfeSPECt THERETO, '" State of California County of v. . Dele: personally appeared ; Here lns*:l NaiTWSnS..Title chhe.Otticer who proved to me on the,basis of satisfectpry evidence to be tHe person(s) whose riarne(s) is/are subscribed to: the within instrument arid acknowledged to me :that be/she^hey executed the same in his/Jier/their Authorized capacities), and that by hfe/her/|heir signature(s) on the instrument the person/^ or* the entity upon behalf of which the pefson{s) acte.d, execiite'd P'-aqB Notary Seal Above I certify under PENALTY Of? PERJURY under the laws of'the-State-of-California that the foregoing paragraph is true and correct. WITNESS my. hand and official seal. Signature OPTIONAL Though the information t>efew/s not required ty !<&?, .!t mayprovs vafuabte to persons relying on ffter documentand could prevent fraudulent remova/ a/?tf reattectmerit of this form to another document Description of Attached Document Title or Type of Dooumcni: ^ L_._ .. Document Dale:Number of Pag<3s: Signer{sJ Other Than Named Above; ,.;:;::._ Capacity(ies) CJaimed by Signer(s) Signer's^arrie: D: Individual O Corporate Officer — TStle&j: a' Paftfier-— a Lirnftetf O General D Attorney ir? Fact O Trustee Q Guardian or Conservator O Other:; Signer's Name:. Signer Is Representing:. D Corporate Qtticer -^ D Partner .—13 Lirnited U General Q Attorney In Fact OTrustee DGuiirdian or Cbnscrvalor Signer Is Representing:;, :!Cf Cl IhUIMC.here &&ftHss*&53v££K£3€3* Cial!rt*Ftoc 1-SDO-S76-5627 THOSE PORTIONS 6F PARCELS: 3-,& CO.F GtRUflCATE OF COWPUAMCE RECORDED detOBER^SO, 2001 A$ DOCUMENT NO, 20tt1-g7B90§7 &: 20Q1-0788P68, pf OFFICIAL RECORDS; AS-: SHOWN ON RE'CQAti pF SUR\^Y?{R'qS}.17350, LYINfG VyfrHSiW LOT 'H' PF T^NCHO AGUA HEDJONPAjNTHl^^ QF^CALIFORNlA, ACCORDING TO tHE PARtlTtON WAP: TlHEREOf NO, 823, FILED IN THE OFFICE Of THE COUNTY RECORDER OF SAID COUNTY OF SAM DIEGO; NOVEMBER '16; 1596, OESCRiBEIQ AS FOLLOWS:; PARCEL "A-rf: .BEGiN|iJNG; AT THE INtERSECTION OF; THE- EASTERLY :LINE OF THE SAN: DIEGO NdjRT^ERN «AfLROAD /FOffMEftLY KNOVVN AS ATC.H|SpN, TOPEKA AND SANTA FE RAILWAY) AMD; A POINT. WHK?H BEARS SOUTHS 67*29W WEST1 {RECORD SOUTH or"29'48"%EST PER-PARCEL, MAP 19330} FRpfvi THE NORJHWEST CORiJE^ OF PARCEL 5OF CANNON COURT 05:99^16^ :!N THE^ClfY,OF CARLSBAD/COiJihJTY;QFrSAMOIEGO, STAfE OF jCALiFDRNfA, AGCOKDINO TO: PARCEL MAP" rHfcHtOhJvlp. 19^BO, j-lLtD !W THE OFFICE Of THM COUNTY RECORDER OF SAN DlEGQ>COUNTY DECEMBER 2, 2003,SAID :poiNj BeREitSAfTER; REFERREP TO AS POJNT -A* AND THE POINT OF COMMENCE^EtSlT; THENC% ALONG SAID EASTERLY^ LlNiE OF- SAjD SAJSi DIEGO NORTHERN; RAILROAD NORTH 22°30:i6" VifEST |R;ECORD;; NORTH ;22t3p>i2"'; WEST PER PARCEL MAP 1«380)s 2.S84.Q1 FEet TO THE TRUE POINt 0F BEQ1HNJNG; THENCE LEAytNG; SAID EASTERLY UNE NORTBJ 67^29-44* EAST, 35;25 FEET, SA)D; .POlNf HEREINAFTER REFERRED TO AS? POINT 'B^ THENCE NORTH :03"20'54" WEST, 126:24 FEETi THErsfCE^NdBTTH 2$aK '21 *'feAST, 273.84 FEET; THENCE NORTH aO'OOW' WEST, 22b-65 FEET TO THE SOllTHERLV LlWE OF PARCEL ^OF SAID RJgCORD OF SLlRVEY; THENCE :ALONG SAID LINE SOUTH 79^1959" WEST, 84;4T FEETTO A POl^T iHIERiNAFTER REFERRED TO AS fOIN? 'C'; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79*W59" WFST, 57.03 FEET; THENCE NORTH .69"10'p1" WEST, 38.00 FEET- THENCE N0RTH 4Q=47'Qt" WEST, 63.SO FEET; THENCE 3G°30!59'' WEST, 34.90. FEET; THENCE SOUTH St'Sa'S^ WEST* 14:22 FEET TQ THE; EASTERLY- Hls|El OF SAID ;SAN DIEGO NORTHERN RAILROAD AND THE^ SOUTHERLY TERMINUS QF A NON-TANGENT 1,974,99 FOOT I^DlUS-CyRYE CONCAVE WESTERLY^ A RADIAL UNE THROUGH SAID POINT eEARS;^ORTH:,76*17'15" EAST; THENCE:,Al.ONG SAID EASTERLY LINeSOlJTH Z2'3«11;6" EAM 302:87 ?£ET TO THE fiEGjJNNiiNG Of A NON-tANGENT 1,005.3? FOOT RADIUS CURVE CONGAVE; wfeSTERLY, A RADJAL tlNE THROUGH SAID POINT BEARS. SOUTH 87°59>5711:EASTr tHENCEXsOUTHERLY ALONG THE ARC OF^SAlD CURVE 30 J5 FEET THROUGH CENTRAL ANGLE OF 1D2S6:5'4QV; THENCE SOUTH 22636'16" EAST, 293,12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS•23%*:. ACRES. Mbfi£ORLESS. PARGEL-A-2': BEGJ3MNIHG AT POINT «C;^ DESCRIBED ABOVE ;IN PARCEL 'A-1', SAO POINT ALSO BEING ON THE SOUTHERLY LINE Of PARCEL 3 QF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGMtNiHG; THENCE1 CbKlTINLHN<3 ALONG SAID SOyTHERXY LINE'SOUTH Tg^ig'sg^WEST, 57.03 FEET- THENCE NORTH 69i>io;o'i" VVEST, 38.oo>fEET; THEMCENORTH 4:0*47-01* WEST; 63.50 FEET; THENCE-aO'SO'Sg" WEST, 34-90 FEET; THENCd SOUTH 61*52^54" WEST, 14.22 FEET TO; THE EASTERLY LINg OF SAID SAN DIEGONORTHERN RAILROAD} AND THE SOUTHERLY TERMINUS OF AWON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A HADIAL UNE THROUGH -3AID POINT BEARS:NORTH 76<>17'1:5" EAST; THENGE NORTHERLY ALONG SAID EASTERLY LihIE :A1 THE ARC OF SAID CURVE 25.17 FEETTHROUGiH A CENTRAL ANGLE OF 0C43M9": THENpE. LEAVING SAIL? EASTERLY: LINE NORTH 67"57'23* EAST, 43.06 FEET; THENCE, °62'37" EAST, 140,64 FEET TO THE TRUE: POINT QF BEGINNING, SAID PARCEL CONTAINS OM5 ACRES, MQRE:pR-L.ESS:; PARCEL 'A-3': BEGINNING AT POINT 'A' DESCRIBED ABOVE IN PARCEL •#-i<; THEftCE : f^RTH EAST (RECORD NORTH 6 7'29'48" EAST PER PARCEL K/IAP; 19380), 35.25' FEET;. LEAVifslG: SAID LINE NQRTH 22*30^6" WEST, 889,82 FEET TO A POINT OM THE SOUTHERLY LINE OF SAID PARCEL A AND THE TRUE POINTTOF BEGINNING; THENCE: CONtlNUIMG ALONG:: SAID LINE NORTH 52cMt6* WEST, 16SI4;.09; FEE1I fO POINT 'B'; DESCRtBEO ABOVE AJvlO A PQiMT b^ TH^ SOXJtHERL^ LINE OF" SAID PARCEL A-1;THENCE ALONG; SAID SOUTHERLY LINE SOUTH 6r29"44" WEST, 3b.oo: FEET; THENCE LEAViNCS SA10 £INESQLJTH22<>30'ie" EAlSTv 1,696^5 FEET TO ;THE SOUTHCRLY LINE OF SAID PARCet 4; THENCE ALONG SAID SOUTHERLY LJNE NORTH: ea'aS'lO" EAST (RECORD NORTH 62?25'13" EAST PER RQ;S 17350), 30.12 FEET TO THE. TRUE POINT OF BEGINNING. SA'ID PARCEL CONTAINS. 1.168 ACRES, MORE OR EXHIBIT "1&" EASEMENT PLAT SHEET; T of 3: 'OF LEGAL PGmrOl^ :QF PARCKS 3 Ac. .CERTIFICATE Of CC^POAfsJGt R GGi-SBfcR5 3Ct 2001 AS b'dCU^E 2001- 0789^67 & 2001-8785068, Of •OFBGiAL .RECORDS,. A^ SriGW^ OH REGORS; SF SURVEr T^SG; LViNG V^TH!^: iiOI "H' 0F5' K^eHO -AGICA HEiit.ONO/i-' iKl',•THE CITY of CARLSBAD,. eoufsitY ,df SAN; D£GQ, S~ATE pF' C:'AyF(5^!A, ACCORDING'' TO TOE; PSf?.ll TTON MAP THEREOF ^G. 823,.. Ftt£0 IN. TKE .Omcj: " OF THE R£€GSOER. OF SA5B: fc R: To, ASSESSOR'S NO,: 2iO~GlD-'26i & 41 BASIS QF BEARi'NGS:-- TfcC BASIS OF BEARINGS FOR T.-^-IS DRAWpG SS me CALiFQRNIA COCKLHNA^E S^SIEM i'SSJ. 2GHE & BETWEEN PQsN-TS X5S? 4K'D: 141 AS Si-fQWiSl 0N RgGO^D OF OVi/NER: 46CD a -P.QWE.I? i LLC 9:gG08 ENG'KEERiNa INC," .CIVIL WCJNrrAS. CA, 92021 PN€: (7SO) PACIFIC OCEAN \\ -0\ \l MAP ANDREA KS. KA&yHfs. .pig PVVS370 SHEET 2 cif 3 SDNR: (FORMERLYATCHISON, TOPEKA FE RAILWAY)' K-— INDICATES CASEMF.N-T P.O.C, POIN Of SAN DiKOJlTO ENGINEERN<?; WC, 4437 MA^CHESTFR. ^Uiffe »-p&' CNCIWTA3,, C ' ) 753-552S CiWL. .LAND SURVEYING PW53/Q EASEMENT PMT PARCEL 3ARC:EL "A* 2' ! ^CARING/^^ELTAy;LEfi^TH; I RADIUSM N03'20'5/."W SDN:R ATCHISON. SANTA FE TOPEK'A & RAILWAY) ^ JO^ATPS; EASEMENT AREA SAN DiEGUITO MANCHtSTER. -CA. PW5370 Terry Smith From: Pearson, Michael [MikePearspn@hfgteriergy;coin] Sent: Wednesday, January 26, 2011 6:04: PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:00AM for 8 Hours Thanks Terry, i:yo.U. and your fci:$ tp Further, the. electrical outage that S.DGE wanted to; do at the jJanthas been resolved, SDGE will 'shut offthe lights to the Jiff station on Friday rather than, the power plant. That resolves, a lot of confusion ptesurrHng; you know about that .too? —-Origirial Message- — Fr6m:Te;rry Smitli i [mailto:Terry/Smith@carisbadca.gov3 Sent: Wednesday, January 26, 5011 5:59 PM To: Pearson, Michael Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Quick Update: Mike, I think wa made some progress with SDGE today, but- we sfili have issues with the easement. It looks to me like SD6E- does not. need . an .easement from. NRG. We laid, out the new line, on our topo with pole locations and our survey of the right-of-way line- and it 'appears that it is enlreiy within the railroad' right-of-wsy, I hope to get is resolved tomorrow. Ffl keep you posted. Terry - From: Pearson, Michael [mailto:Mike.Peare6n@nrgenergy.com] Sent: Tuesday, January;25j 2011 4:10 PM To: Terry Smitri Subject: RE: Planned Povyer Outage: Circuit 781 for Friday, 1/28/11 at 8:ObAM for 8 Hours Thanks Terry, I'm in an awkward position right now?. The Asset Manager quit. The Lawyer that knew all the details has left I want to do good by thf YMCA, I don't have the horsepower in my company to anything other than to make recomimendatfpns. With that saidi I'm not; sure; what to do abotit SD.GE. They -are' bound and determined to do the wojk WITHOUT the appropriate easemerit agreeroerrt, I seriously douot that you'll get NCltJ nor Aratrakto stop. They are pretty defeiTOirsed to keep going. .'So, you are. suggpfirtglhafyd^rMura bridge migftttie able {^support IhelwtQ te remove. the ne^y.^rbposeti wife over theiagbori?-' y^SpGE hagn't Jiaid^nytiifeg about releasing the. easement of the. old path t& th^MMGA, f wond.er how we -"-Original Message-—- From: Terry Smith [mailtoiTerrYrSmithi^carlsbadca.gov] Sent: "Tuesday, January 25, 2011 2:55-PM To: Pearson; Michael Subject: RE: Planned Power Outage: Circg it 781 for.Friday, 1/28/11 at 8:00 AiVI for $ Hours Our ^^ preference would be tpigetSDGE to remove the restriction about placing structures under the line since we have a large grinder vault proposed below this alignment. However, With that said; we are prepafe<j ltd relocate the line ^through oumew bridge to the YMG/V if needed to eliminate this problem, Since Am trak and NCTDare^ I will try to make one last piich to ihem to allow this work to be deferred .|Q a later date as part our prpject so that this line does not need to be: relocated twice, i probably won't; have much success, but it's worth a try. I don't have a; big concern with them showing up on Friday to do this work since it is only a service for the YMGA. Thinks, Terry From: Pearson, Michael [matlto:Mike.Pearson@nrgenergy.com3 Sent: Tuesday, January 25, 20112:29 PM TO: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM forS Hours Terry, f row: tHe:tirawJng$1 saw, th&:line..is right :iftraugh;.the mlddis .'.<5f'the.:SilbSi. Attached is what! belfeve to be Ifie path, [f you feel that this^wont"get in your Way d«ring futyre ^br>s|\ietidn arid-you. tiave^no intentbri of buitalrig 6 feet either £ide of We route, it won't bother me to use this path, m-j.p. ._—original Message-—- From: Terry Smith [manto:Terry.Srnith@carlsbadca.goy] Sent: Tuesday, January 25, 2011 1:52 PM To: Pearson, Michael Subject: RE: Planned Power Outage: Qrcuit 781 for Friday^ 1/28/11 at 8:OOAM for 8 Hours Mte, beeft. tolci by S06E that the easement they are. requesting, is-over a portion of NRG's- property (pr NCTD?) that crosses/the' lagoon :cfiannef and;. does; not go over any of ourpfartned structures; [f -flits is the case, tfien we have tip proplein with them moving I am $tifl.,Vyifl's.iQ:a,eta^ Teny Smith From: Pearson, Michael tmaiito:Nlike.Pearson@nrgenergy.comi Sent: Monday, January 24, 2011 5:27 PM To; Terry Smith} Staley, Jany H Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at8:OOAMfor 8 Hours .are some folks that might iba.-pf ftsrther asstistance:. Dennfs»Sus (tel:?^- I've bfee..n ltd to,.jbeS|gve fte'sthe;S0<3E:p)a;nrifet for tiife job. I've had .brief dialog with .Dinah WiTlfer {iSOGE Account EJcecutive). about 'the Whofe thing.: SHe might be of assistance. —-Original Message-—^ From: Terry Smith tniailto:Terr/.Smith@carlsbadca.goy] ;Sent: Monday, January 24> 2011 4:5<>J>M To: Staley/Jany M Cc: Pearson, Michael Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OpAM for 8 Hours •Jany, Can we discuss this.issue {see.below), in the morning when we get together to, discuss power for the new lift station. Thanks, Terry Smith Froiti: Pearson, Michael [maiJto:Mike.Pearson@nrgenergy.com] Sent: Monday, January 24,20114:13 PM To: Terry Smith Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Original Message-— From: Pearson, Michael Sent: Monday, January 24, 20li 4:13 PM To: 'Barajas-ROdriguez, Linda' Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Dinah, Linda, This thing is taking an interesting turn. J spoke to Bruee Wylie arid he. says it's to extend ciircisit from our East Tank Farm to YMCA, yy 4SecWcal guy end i walked the vwres. We th^re: there is some $0ripus:opnfusian'at>OLit which circuits are being piaoed out of sefwce; The^^ier^ert|t»n§:Cf appears.t0 be-qrt the west .side of the: staffroad; traces- while Briifte Sug^stetflhe 'woYkjs-ijeirijg performed on the east side pi ft© tracks. ifigs ev©n;:m6re-inferesting,. About a.weefe agq, } wSs Handed a "easernent" itproposeis ffiat NRG giv^vfiilt'gasemertt.fo- SD«3Eto;lostaIl wires across the: lagooii. PtirthSr:it.gayS.we.can*tfeurld under the wires. The City Intends to do. exacHy.tfiat Theyiprc)pose:t6.re^uMSlteTrfac]]tti^ proposed. I-asked. Teirty Smith ^City of Garlsbad|.to call SDGE to' discuss; I'm -not sure what ,to do now.. --• -Original Message—— Fr6m: Barajas-Rodriguez, Linda [mailtb:LBaraj'as@semprautilitFes.cbm3 Sent: Mohday> January 24, 2011 12:52 PM To: Pearson; Michael Subject: RE: Plannecl Power Outage: Circuit 781 for Friday, 1/28/ii at 8:OdAM for 8 Hours , tfie'foreftian: corrflrniecj the tvyo' facilities ;betow will not be affected by the outage;. They are being fed ipom another circuit 't,et me know if you still wish to speak to the forenian, Thanks, Linda FroirtJ Pearson, Michaej [mailto:Mike.Pearson@nrgenergy.com] Spirt:;Monday; January 24, 201111:11 AM To: Baraj'as-Rodriguez, Linda CcrWillier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Linda, Here are the two additional loads:. Meter ^838148 Pole;F>20921 Circuft? 303-408M Meter 000497 Pole: PI 24700: Circuit? 303-417 Message- — • Frpiii: Bar^as-Rodrigue?, [mailtp:iBarajas@sernpr^util|ties,corn] Sent: Monday^ January; 24, 20it 9:39 AM To: Pearson, Michael;; Carter/ Jerry Cc: Willier; Dinah Subject: RE: Plannecl Power Outage; Circuit 781 for Friday, for §; Thanks, Mike, 1 apblogize for the canfusion. If you are unalsle to locate th^se mefers yoy are qQftdern&el afoputttttaC^raylcJ^be greiat. Another way we might resolve: any doubts* -fe; to :ti£V& 'tfi speak to you directly and verify any locations in qoestlon. y again. Associate Planned Qytfige Coordinator (858} 654-1 197 wk (858} 65O-4OO5 fax From: F'earspn/ Michael [rnailto:Mike.Peafson@nrgenefgy.com] Sent: Mbnday; January 24, 2011 9:11 AM To: Barajas-Rcklngtiez^ Urida; Carter, Jerry Cc: WilJfer, Dinah Subject: jiE: Planned P<?\yec putage; Circuit 781 for Friday, 1/28/11 at 8:0€AM for 8 Hours Thanks Lind4 C5tea.h Wiliier cleared :up a few things Jate last week, t the Enema Waste Water Facity. My database hgd the oicj pre-Smart meter nurnber $x? I couMn't^natehlito the number you suppfied I'm concerned ai&titiy/o other meters that ;roight tie oir'ihe same drcuife I'm gofog to try to get the number from these meters a little igter.this Original Message From: Barajas-Rddriguez, U'nda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24,2011 8:03 AM To: Pearson, Michael; Carter, Jerry Cc: WJiHer, phah Subject; RE: Planned Power Outage: 781 for Friday, i/28/11 at 8;OPAM for 8 Hours Good morning, -Mike. I, will look Into this for ycu and -provide yoil vyiifi Linda Frqrti: Pearson, Michael imaiito:M!ke.Pearson^nrgenergy.cx>rn] Sent: Friday, January 21, ioil 4:35 PM To: Barajas-Rodriguez, Linda; Carter^, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, i/28/ 11 at 8:OOAM for 8 Hours Linda, I'm not familiar with "circuit 781". :l .doift have racord of .this metejratGHr site. Can you provide further details about: location. and respective i load? rn.j,p, -—Original Message— From: Barajas-Rodriguez^ [mailt6:LBarajas@sernprautilitie s.com] , Sent; Friday, January 21,2011 3:41 PM To: Carter, Jerry; Pearson, Michael Cc: Willier/ Dinah Subject: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Good afternooni A planned power outage has been scheduled for Friday, January 28th, 2011 at 8:00AM for up to 8 Hours to replace arms and installing new qonductors in the area (weather permitting and barring any other unforeseen circumstances). Please advise the appropriate 10 personnel of the above power outage. ,:A r esponsejg- tnls :eonfirrn notified.. •Please The outage will affect the following address(es); CABRJLLO POWER 1 LLC 4600eARLSBAJ3 BliVD CAR^SBADK* CA 92008 Metef 1980231 SEK3&E. riguiries .notificarion Jf a customer - schedu led . Generator must be, isolated from SDG&E's electric system before connecting. To prevent data loss and damaged equipment, be sure to shut off or discorinect all sensitive electronic equipment, i.e. computers and faxmaqhines, befpfe the outage begins. This outage will affect your alarm system and may affect a private phone system. Please contact your alarm and phone maintenance staff if you have any questions. We will perform our work quickly to minimize the impact this has to your operation. In the event of unexpected circumstances, this outage coulq1 last longer than planned or be cancelled due to emergency calls. We appreciate your response within 24-hours. Thank you, Mftita Associate Planned Outage Coordinator (858) 654-1197 wk (858) 65Q-4OO$fax ibarajas€>semprautiiftfe$, com 11 Terry Smith From: Pearson, Michael [Mike.Pear5ph@nrgenergy.com] Sent; Friday, February 04,2011^:18™ To: ferrySmith Subject: Enciria Sev^er Lift StaJiofi Terry, Good to meet you earlier this week. I've put of the loop with respect the sewer lift statiprvupgi'ades at Encina. :fy1y bo$s wdsepur interfape but unfortunately, he wasasked to support another prpject in Los Angeles. Looks like I might be bapk in the loop. Several years agoy you sent rne prpppsed drawings and I handed them off to my boss. In the rrieeting the other day, it lpbk$d like there might have been several revisipns sinpe the drawings you sent a few years ago. Is there a way to get a set for review? p.ynpg7th'eypir^:$fentationVthe-PJanning Departrnent used a Ppwer Ppint presentation tp demonstrate the proposed build. Is there also a way to get a copy pf the Power Ppint presentation that we can shovv our management? MichaelJ. Pearson NRG Energy - West [NEyV:] $790 Fleet Street, Suite 200 Carlsbad, <3A 92008 {760)710-2183; terry Smith From: Pearson, Miphael [Mike.Pearson@nrgenergyIcbmI Sent: Monday, February 07, 2011 10:55 AM To: Terry Smith Cc: Piantka,: George Subject: ;RE;Encina Sewer Lift Station Thanks Terry, NRG contact is ihdieterrniiri^te;atthis pofht We're still adjusting the statff to the needs. That combined with sortie folks that haveiretired/quit, makes it more challenging. I suspect for the time being, George and I will be tag-team contacts for this proposed project. ——Original Message-— From; Terry Smith fmaiitd:TerrVvSmith@carlsba(5ca.CjOvT Sent: Monday, February 07,2011 9:30 AM To: Pearson, Michael Subject: RE: Encina Sewer Lift Station Mike, t arri out of the office today, but will put together a package for your review. The layout of the facilities has: probably changed a little since the early days, but the overall area that we need has not changed in the last 2- years or so; I will also send you tfieplat and Jegal description tor the property that we need to acquire from you. I sent it to Marc last fall but never received any comments. Will you be my direct contact, or will it be George? Or should I just copy George ori any correspondence? Thanks, Terry From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Friday, February 04, 2011 2:17 PM To; Terry Smith Subject: Encina Sewer Lift Station Terry, Good to meet you earlier this week. I've out of the loop with respect the sewer lift station upgrades at Encina, My boss was our interface but unfortunately, he was asked to support another project in Los Angeles. Looks like I might be back in the loop. Several years ago, you sent me proposed drawings and I handed them off to my boss. In the meeting the other day, it looked like there might have been several revisions since the drawings you sent a few years ago. Is there a way to get a set for review? During the presentation; the Planning Department used a.Power Point presentation to demonstrate the proposed build. Is there also a way to get a Copy of the Power Point presentation Wat we can show our management? m.j.p. Michael J. Pearson NR<> Energy - West [NEW:] 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 (760)710-2183 Terry-Smith Frorti: Pearson, Miphael [Mike.P^ar§on@nrgerierciyicorn] Sent: Thursday, February 10, 20it4;05PM To: Terry Smith :Cc: Piantka,: George Subject:, RE: 90% Design Drawings for Sewer Lift Station Thanks Terry,. ffsieasfer to ^xpliio ta my tea!ti3with;dray«rig$,yiart try^to da-..ft.from.;m:emory on.a v^iite board. mj.p. Original! From; Terry Smith [mailto:Terry.Smith@carlsbadca.goy] Sent: Thursday, Febriiary 10, 2011 3:23 PM To: Pearson, Michael Cc: Piahtka, George Subject: 90% Design Drawings for Sewer Lift Station- Mike, As you requested, I have attached some of the civil drawings from our 90% design package of the sevyer lift station and force main project. I can provide you with other drawings, but it is a very large plan set and I thought these sheets would be most relevant. I will also send you some of the planning exhibits via a separate e-mail, which may give you a better overall perspective of the entire project. Thanks, Terry E-rnailing:Easement Document to NRG.txt; From: Terry Smith Sent;' Tuesday- f^bruary 1$, 2QH2:29 PM to: 'Pearson,-Michael' Cc: 'geqrge.i?i^nfka@nrgenergy.com' Subject: Easement Document Attachments: Draft Deed, Plat and Legal for NRG.pdf; PC Reso 6632 PDP.pdf Mike, Here is a copy of the easement deed, plat and legal for youi;.reyievy an,d comment,: t ;sent this to Mark'kpdis last fall, but did! not/receive; and comments^ We .have beenmeeting with various NRG/staff over the past: 5-years', so the-defined easementarea shputd come as nosurprise^ Withlha't .said:, we welcorn^ any cornments or^ questFonsyou may haye, but we need (b receive your bomrnents;in writing before, the end of the month to keep this process on schedule with the qyeralj project;,Any requested;changes to the easementdeed:language will need to berevieWed by oiir City Attorney. In the past, NR'G has indicated that they would like this City and their contractor to enter into a right-bf-entryagreem^ has'notprovidied the City a copy of Jh/s agreerhent for reyiew*:': AdditionaHyi I haye attached Planning Commission Resolution §632 for your information. This resolution approves the Precise Develpprnent Plan Amendment for the Desalination Facility and contains^; number:pf conditions' thathave been placed onihe power plant property. One of the conditions :t>emg that NRG' will-dedicate easements -to; the City for Jhis^ewer project. Another condition bfeing,the requiremetit to dedicate easemehts?fbr the Cit/s Cbasial JF^ail Trail Project. Since the sewer project: is not^^ connected to^ihe Coastf I RallTraH{CRT)prc^ect*the City is Willing td^deferthe^decision' oh the alignrnent of the^CRT untif a later date, butiio later than'the milestone defined in the attached resolutions I am available to meet with you anytime to discuss this, project if heeded, |f this issue needs to be. resojved by your attprney, then please forward this as soon as possible, if you are notable to provide cbrhmems by February: 28th, please contact me with an alternate date. Thanks, Terry Smith Terry L Smith Sr. Civil Engineer Utilities Department City of Carlsbad 1:635.paraday Ave. Carlsbadv C A 92008 www.carisbadqa.gov P: (760)602-2765 F: <76i)> 602-8i562 terry.smith@cartsbadca.gpv Pagel RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD CHy Cierk; CITY 1200 Caflsbad.Viljage Drive Carlsbad,; CA .92008: SPACE ABOVE THIS LINE FOR RECORDER'S USE Tfe undersigned:grant6r(sldec|are(s3: Assessor's ParceTNo:! 2iO-Oirp?6&41 Oocumentaryfj-ahsfefiaxis$0.^0 Project ID! 3492 ( ;) computed on full value of property cpnvey,ed, or f|e!ated project ID _ -less vajue-of Hens and Project Narne:; Agua Hedionda Sewer ^ Lift .-Station & Force Main Replacement { ) Unincorporated;' aria: {x>City of.Carlsbad,,and "'' : . ' --•,-,.•.. - - • GmHrDpgQFG^ •• — . FORA VALUABLE CONSiDERATloriJ. receipt of which ..is hefeby:>acknowledged;i CABRILLO iPJOWER i, LLG, a€9lifornia Limited Liabitiiy Corporation the iOwnef.of r6at prcvperty described herein located in .'the City of '-Carlsbad, ;San Diego County, Caiifb/nia hereby GRANTS to * ; City of Carlsbad, a Municipal Corporation the 'following de'scrib'ed Treat fjroperty in the City of Carlsbad, County of $an Diego, State of California: PARCELS.A-1 & A-2'i SEWER; UJFT STATJOri, PIPELINES. AND APPURTENANT FACIUTJES; the ^generat -utility easement 'granted therein shan be grante^ for- tlie; fojlpwing purposes: the; coRStructibrri operation, repair,: recpnstfuctioii and all activities: necessary to- cpnstruc;t. ;reconstruct, operate, maihtaiin, aod repair facilities designed for the gfenerali purppse-of cplleetjng and transporting wastewater, flowing into and through said fecilities^ and structures of any tcind, whether above of below the surface of the graund, Said facility may '-fric'likte- gravity sewer pipeJiries. pumping faciliiiesv sewer force mains, odor control treatrnehtfacifities, chfenni<iai itorage, structure? de&igned to screen or grind wastpwater, structures; designed to eriGlos© erffergency: electricaJ^gerteratQrs^ arid all facilities, water and recyciletd/ water pipeHnes, conduits ?nd structures associated wiUi said use which are designed to facilitate the iise and protect- th-e: facility from natural and other fdrms of damage including, but not limited to, erbsjbn confrol facilities, storm water treatment devices, fences, gates, doors, locking: devices; ajarms, lights, and all other protective facilities and devices. The:;:easeinent for said facility rnay also be used to revegetate^ or create fativb habitat as required ;by necessary City, State or' Federai permits. The use "shall, also; include a means of access to and from said facility for the purpose pf constfuctihg, operating, repairing, maintaining, inspecting and reconstructing said facility: The" uses described herein snail be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structliresfwi!! :.be erected, walls constructed, fences built nor trees planted, nor may Uie.easemerit be used by the Grantor or any other person Of entity, including other utilities, whettier public or privatei for uses whether compatible or ificompatible; with thie uses described herein wi;thpu f the exprgss written approval of Jtje Grantee. teacft 1 S-i •PARCEtA-3; SEWERf, VyATER:, AND RECSQL^E) VVATEF^ F-IpfeUNfeSjihe general uftjlty easement granted herein^ shall/ b& | granted fbr the following purposes'; 'ijie? ^opsfrycticffv operation,, repair-. reppnstruction and all activities nec^ss^ry 16 construct, redbhstruct, operate, rnaintsin. arid repair .pipelines/ and faciljttes; designed for the general purpose' !of collecting-: arid transporting wasteWater,: water and recydled':yy5afer fipwing into:; and through said pipelines anil faOiiiliesi arid structures:df ariy^indi/wfjetHer .ab&ye oiri>eipv^tHe surface;;pf the:grpundL Said easerrient-\may include gravity se\A/er pipelines; server fprce jBainS; \vat4r-and vvater pippn^s,; and buried structures necessary to;: facilitate inspection and cleahing of said pipelirieis, the -tisf shai| also include a fpeans of access along said easernent for |Jie. purposfe of constfuctirtgit oper^ting^ repainri9,v[Tiair!tairtirtg. iirspecting aadjr^eonstriictihg said facility^ 3r herein agrees that no, Buildings and/or struGferes will be erected,, walls/ cdnsfructed, s/biiiK, npr trees planted withitrsaid easement; Ihe easement shiati iiot boused by li\e Grantor:<3fahy;otne| :person or entity, iriciudirjg otlier utilities, 'Whether public or private, for uses; whether uoitipatiWe or incbrapaitibie ^with :the uses dfscrfbgd herein without the express written apprpyal of the Grantee.- ; LOCATIOW OF THE EASEMENl": The, easernent granted hereto shall ::be located within arid upon "the properties ;rnoreparticuisrty descnbediri ExftitMt-"A". Exhibit "B"iS: attached lor darityx>niy, OWNER: :By; {Sign Here): (Print Name/Here) (Title) (Sign Here) (Print Nome Here) DATED (NOTARIAL ACKNOWLEDGMENT OP EXECUTIO» BY OWNER JS| MUST"BE ATTACHED,} NOTE :THA1r THE PRESIDENT ORVVICE-PRESiDENT AND THE SEGRETARY OR ASSISTANT SECRETARy MUST SIGN FOR CQRPOiRJVTE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE CGPV OF A RESOLD7ION OF THE BOARD Of DIREQTORS THAT IS SIGNED BV THE SECRETARY OR ASSISTANT SeCRETARY OF THE CpRPORATJION, UNDER COR>ORATE SEALSPECiFiCALLy EMPOVV^RiNt? THE i^lplVjbUAL(ilGNeo IN ^BEHALF OF THE QPRPC3RAJJON VVrLL SHpVtf SUfFiClENt AUTHORITY OF SAID INbivjDUALf 0 ACT IN THIS MAiTTER. !T IS RECpiyiMEKiOED THAT; PR!OR TO THE EXECUTION OF--THliS EASEMENT, THE PARTiSS CONSULT1 WITH THEIR ATTORNEYS wrrHKESPECT THERETO, (Title) M .scape* 3r.Sf5y«ra*n!eaciJ 1 3 '••. 6tf*SW Sapara-.s'.KftC>GrarU Bwa e! -Kasca tn City <Ssc saftasjaBseiesiiBsi^^ State of California County -or._~_,. _ .. - On before me, personally appeared Here Tnscn.Narae anglais, c! »w outset/ who proved 16 me oft the basis of satisfectory evidence to de ih&perebnCs)- wrw^}f)arhe<s}:ii^/are . ^ubscrrbed lo the within ihslrurrieht and, acknpwIecfQed to me that1 he/she/they; executed the/same in;^!^er/tttelr authcnzed capacity(tes^, iaiid ttiat by iiis/fier/their signature{s) on Uif instrument th6;Cper$cxn(s)^ oir the entity ijporv behalt of ivhich thf perspn(s) acted, exequted.;t1ieinslfument. I certi^ under PENALTY OF PERJL/By undef/lhe laws of We.Stateiof Caiifpinia thai'.-theTpreypihg paragraph is true and correct. WJTNES?> my hand 3 nd officifil seal. Notary Seal Above Signature. OPTIONAL - Sisnaiure of :N'oiary ' Though thit iniotanation fcefow is not regtnt&J ty law, it may prove valuable to pciTsoriS,.relying;cn this document &nct coiJta prevent t(8u<tiileniremoval ancf reaffaehrnenjO!' ilvs fortr>:io another rfocumeoJ. Description of Attached Document Title or Typ& of Document;. Dbcumenl Date:..Numberof Pages; _ Sisrier(s) Other Than Mama0 Capacity{ies) Claimed by Signer's Narhei _.._, O individual O Corporate Officer—Titieis): , D .Partner — p Limiiet! D £T Attornay in Fact D Trustee O Guardian or Conservator :O Other: _ ; Signer Is flepresenting; _^ Signer's Name:, _,mm_,^ Q Individual 0 Corporate Officer — Tit!e(s): ,_ Q Partner --D Limited: O General Q Attorney In Fact O Trusted D jjuardian or Conservator O Oth.er:: :__^ Signer Is Representing: ; j : Itif 01 tWfrtS S'E'B EXHIBIT'A' THOSE PORTJQtslg dp":PARC6LS; 3 & 4 OF CERTIFICATE Q OCTOBER) so, 2poi AS cpcyK/SENT W- ^w-OT^Ol? & 2pQi-o789Q68, OF RECORDS; AS iSHOVWQN RECORD-QF:SQRV^H"P?OS>;i7356,'i.yiNG VVIlHlN LG>f ft1 OF HANCHO AGUAHED1ONI%J^T^|C)fXOF CARLSBAD:, COUNTY. Oi? SAft Ql^GQ, $T-§TE: OFCALJFPRNIA, AepdRDfNG;TQ THE PARTlf !ON ;MAP'TH£REp:F NO. B23,FILED:it* f MEOFRdE:6F;THE;CQ(jivrrY RECORDER; OF SAID COUNTY OF;SAIN: DIEGO, NG-yEMeER; 15;, 1896. t>E$QRI8ED AS FOLLOWS; PARCEL 'A-1': BEGINNING At THE INTERSECTJON dF THE EASTERLY tJNE OF THE SAN: DIEGO NORTHERN .RAILROAD /{FORMERLY ^NOV^sT AS ATCH1SQN, TOREKA AND SANTAf FE RAiLWAY) AN[> A POINT WHICH BEARS SdUTH: 67029'44° WEST |RECORO; :SOljTH 67^9'4S" WESTPEtf PARCCLMP t^OOIKROM^ 5;OF CANNON COURT (MS 99r16), l^;TH|>ClfY OF C^Rl§BApv COL|NT¥:OF'^AtNl:DIEGd, SlfO'E OF CAL|FOF^3;IA: AGCORDtNG TO; PARCEL MAP THEREOF NOi. 1938?i,'FlLEpViN WE OFFICE; OF THE COUNTY RECORDER OF SAN DIEGO>COUNTY DECEMBER 2; 2003, SAID POl^t HEREiNAFfER REFERRED JO AS; POINT 'A* A^D THE POINT OF COMMENCEMENT; THENCE ALONG SAliD EASTERLY iJNE OP ^SAID SAN DIEGO NORTHER^ RAILROAD :NORTH SZ^Q'lS* WEST {RECORD NdRTH 22^30^12" WEST ?Ef? PARCEL MAP iQ3&Q)> 2,584..i31 FEEF TO THE TRUE iPOiNT OF BEGlMNlHO; THENCE LEAVIN<5-SAID EASTERLY yisl-E NORTH 67°29'44" -EASTV 35;25 FEET; SAlDi POINT HEREINAFTER JREFERRED TO .AS POINT 'B^; THCNCG NO.RTl-;r :03°20'I54- WEST, 128:24 FEET; THENCE NORTH ^3*11 '21" EAST, 27l§4 FEET; THiElvfCE NORTH 3QWOO" WEST, 225,65 FEET TO THE: SOlJTH^RLY LINE 0F PARCEL J Of %SAlp FCCOBD ;QF SURVEY; THENCE ALONG SAID. LINE SOUTH 7$°19'5?" WEST 84^41 FEET TO A PdlNTHERJN>FTEF> REFERRED TO AS-POINT 'A'; THENCE CONTINUING^ ALO^G SAID SOUTHERLY LINE SOtlTH 7£f? 19'59" VVEST, 57.03 FEET: THENCE NORTH SgMO'Of" WEST, 38:00 FEET^ THENCE NORTH 4Q^47'Oi" WEST, 63.50 FEET; TWEI^CE SO^Sp'Sr WEST, 34,90 FEET; THENCE; SOUTH' 61*r52'54* WE.S1:,, 14.22 FEET TO Tl-JE; EASTERLY LINE; QF SAjD SAN DiEGO NORTHERN RAILROAP AND'THE SOUTHERLY TERMINUS OJF A ^I^R^GENT 1,974.99 FQQT'RADJUS: pURVE CONCAVED WESTERLY, A FtAOlW. Li^lE THRdUOJH SAjD^ POINT SEARS NQftTH YririS" EASTi THENCE ALONG SAJD EASTERLY LINE SOUTH 22"i30'i§- EAST^302.i57 FEET TO THE BEGlfslNING: OF; A NON-TANGENT: 1.005.37 FOOT RAPIUS CURVE CONCAVE WESTERLY, A SADJAL UWE THROUGH SAliD POINT BEARS SOUTH 87"59157" EAST; THENCE SOUTHERLyALpNG THE ARC OF SAID CLJRVE 36.75; FEET THROUGH CENTRAL ANGLE OF^02°d5'40"; THENCE SOUTHi 22W16" EAST. 293,12 FEET TO THETRUE.POiNT OF BEGINNING, SAID PARCEL CONTAINS 2,381 ACRES, MORE^ORIESS, PARCEL 'A-2': BEGJNNING AT POfNT 'Cf DESCRIBEP ABOVE1N PARCEL 'A-1', SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEU 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG; SAID SOUTHERLY LINE. SOUTH 79'19'59ft WEST, 57.03 FEET; THENCE NORTH GgMO'Or WEST, 38M FEET; THENCE NORTH 4QM7'01" WEST, 63.50 FEET; THEMCE; 3<r30'59" V^EST, 34.90 FEET; THENCE SOUTH ef'SZ'SC WEST, 14.22 FEET; TO THE EASTERLY LINE OF SAID SAN DlEGO NORTHERN HftlLROAD AND THE SOUTHERLY^TERMINUS OF A NON^TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY. A RACIAL LINE THROUGH SAIP POINT BEARS NORTH 76"T7'15" EAST; THENCE NORTHERLY ALONG SAID EASTERtY LINE THE ARCOF SAID; CURVE 25.17 FEET THROUGH ACENTRAL ANGLE OF i THENCE LEAVING SAID EASTERLY LINE: NORTH Q7'57'2y' EAST. 43.06 FEET; THENCE SOUTH 67°Q2'37" ;EA$T, 14CU54 FEET TO THETRUE POINT OF BEGINNING! SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS, PARCEL 'A-3': BEGINNING AT POINT '# DESCRIBED AtSOVE IN mRCEL ^-1Y THENCEFORTH *&a%m4"- EAST (RECORD NORTH 67*29'48" EAST PER PARCEt^iy)^ 19380), 35.25:;FEEJ; THENCE LEAVING SAID; LINE NORTH 22*30*i6" WEST, 889.92 FEET TO A PO.lNt ON J^£ SQUtHERLy LINE. OF SA!0 PARCEL * AND THE TF5UE POINT OF BEGINNING; THEIsiCE^ CQNTINltJWO ALONG; SAID! ONE NORTH 22*30'1ff'; WEST; 169^:09 FEET TO POINT !<B' DESCRiBED ABOVE\,AND: A fOlNT ON THE SOUTHERLY LINE OF SAl0:PARCeL A-1:THENCE ALONG SAID SOUTI-IERLY tiisiE^soyTH 67c29*44";;vyiEST, ^p.pi3 FEET; THENCE LEAVING SAID:LINE SOUTH 22S30M 6" EAST, 1,69675 FEET TO THE SOUTHERLV tiNE QF SAJD PARCEL 4; THENCE ALONG; SAID; SOUTHERLY LINE NORTH 6r25'l6*' EAST (RECORD N:ORTH 62c2Ss1f3'' feAST PER ROS 173K3J, 30.12 FEET TO THE TRUE POINT OF BEGINNING. SAID; PARCEL CONTAINS 1.168 ACRES, MORE OR LESS, r"*A rr»"B"SHEET 1: -of 3, EASEMENT PLAT LEGAL DESCRIPTION:PCRTio'Nf oir PARCELS 3 & 4 OF pH fine Ait Of CQMPLIANGf: REGQFJDED ;G€TO6£R 3(3; .,20 Or AS DOCUMENT ^OSJ .£OQ1»Q7S3C§7 .& .20(31-0789068,- OF OrFlpAL gECGRDS, .AS. SHOWN ON gCCORD OP SORyE;f 17356,: LYfl^G WUHtN LOT 'H'- pF RANCBQ. A&Jft HEOlOWDA tfSI, We -env: SF cAftLis&AO^ CQUNTY or L/!£C;.0^ $TAi£ OF G;ALi~GR^IA, AceOR TO; THE PAR~lTl68l MAP- THfRf'QF' 823, "F!LE$ W tnt OFRCE OF"''Tl-C COlJ*xTV •0F OUNTY 210-010-25 & 41 BASIS OF BEARINGS: ThE BASIS: Or TARINGS F.CR 1H.;S l)f? AWING IS 1'HE CAIIFSRNJA- COQRDINATF SVSTfi* 1983, ZOMC 5 3E~¥CEN POINTS •OB7 AND- -HI' AS SHOWN ON RECORD OF I.E. OWNLK: CABR(L:LQ ROWEI? MIG ' CARr$BAD BOULEVARD. CA 9200S ENGtM £G« IMC, f 105 PHOhir : CNGINEtRING • UNO P- i- 8- \\ \ c^jp-Ji-PACinc \\ t~ -£ H. : .. \\ J § J»OCEAW \: •po . VICINITY MAPNO: SS:ALE PW5370 EXHIBIT *B" EASEMENT PMT SONR ATCHISON. TQPEKIA & SANTA FE RAILWAY} ^-~ — I j".:- 20S'ss?os' SHEET 2 of 3: TP;G..8. TRU€ 1 SAN OIEGU1TO ENQINEERHVJG, 4NC. 4-407 ' •MANCHLSTE-R; SU1TH 1G5: tNCiMAS;. GA. 3SQ24 I-.10NE: {S'SQ} 753-5525 LAND PW5970 jj't-S.?*EXHIBIT B EASEMENT PLAT SHEET 3 of 3; SDNR (FORMERLY AI'CHlSON, TOPEKA SANTA FE RAILWAY '////\ IMCICATB EASEMENT AREA -e-'-SSaPS^™ ,f • 1-<<-~^—^ SAN OlEGUiTO £NG!N££RJNG, 4*07 MANCMtSTER, SUHI 1-Q'S P'HO^E; .(750). 753- 5525 CIVIL CNCINEERINC • PLANNINC LAND SURVEY^G AM PW5370 CONSTRUCTION PLANS FOR AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT VICINITY MAP NOT. TO SCALE CITY OF CARLSBAD CARLSBAD, CALIFORNIA CITY COUNCIL MATTHALL -MAYOR ANNKULCHIN • COUNCIL MEMBER MARK PACKARD - COUNCIL. MEMBER KEITH BLACKBURN - COUNCIL MEMBER FARRAH DOUGLAS - COUNCIL MEMBER LISA HILDABRAND CITf MANAGER GLENN PRUIM UTILITIES DIRECTOR NOVEMBER 2010 LOCATION MAP NOT TO SCJLE POP <XW12(C)/SP 144 (LJ/RP 10-26/ 11 SHEEr^ I CDP10-17/HDP 1Q-QSISUP 10-02y ™ ™ HMP HMO |i "-01 I BROWN AND CALDWELL 9665 Chesapeake Drive, Suite 200San Diego, Ca- 92123 I CITY OF CARLSBAD COVER SHEET AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AMD GRAVITY SEWER REPLACEMENT PROJECT GENERAL NOTES: 1. ALL WORK DF THIS CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CARLSBAD ENGINEERING STANDARDS. THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. LATEST EDITION (GREEN BOOK) AND PROJECT TECHNICAL SPEC!FlCATIONS. 2. CONTRACTOR SHALL REQUEST UNDERGROUND SERVICE ALERT (1-800-422-4133) AND NON-MEMBER COMPANIES. OR UTILITIES TO MARK OR OTHERWISE INDICATE THE LOCATIONS) OFTHEIR SUBSURFACE FACILITIES INCLUDING. BUT NOT UMTTED TO STRUCTURES INCLUDING VAULTS. MAIN CONDUCTORS OR CONDUITS AND SERVICE CONNECTIONS. NOTICE SHALL BE AT LEAST 4a HOURS PRIOR TO STARTING WORK AND SHALL INCLUDE: A. SAN DIEGO GAS & ELECTRIC (800) 660-7343 B. PACfRC BELL (800) 882-0123 C. TIME WARNER CABLE (760) 436-7741 D. COX COMMUNICATIONS (760) 306-9809 E. CITY OF CARLSBAD (760) 434-2980 (STREETS & STORM DRAIN) * F. CITY OF CARLSBAD (760) 438-2722 (SEWER, WATER i RECLAIMED WATER) 3. DEPTH AND LOCATION OF EXISTING UNDERGROUND FACIIJTIES SHALL BE DETERMINED BY THE CONTRACTOR BY POTHOUNG AND FIELD SURVEY OF ELEVATIONS PRIOR TO TRENCHING. THE CONTRACTOR SHALL ALSO CONTACT UNDERGROUND SERVICE ALERT (800) 422-4133 PRIOR TO ANY EXCAVATION WORK. 4. CONTRACTOR SHALL LOCATE AND PROTECT IN PLACE ALL EXISTING UTILITY VALVE BOXES. MANHOLES, VAULTS, SEWER CLEANOUTS. STORM DRAINS. STORM DRAIN GRATES. INLETS AND SURVEY MONUMENT BOXES. THE CONTRACTOR SHALL KEEP A COMPLETE RECORD OF ALL CONSTRUCTION CHANGES AND SHALL MAKE INFORMATION AVAILABLE TO THE CfTY OF CARLSBAD FOR PREPARATION OF 'AS BUILT DRAWINGS. WHERE THE WATER MAIN AND SEWER CROSSES STORM DRAINS, OTHER PIPELINES. TELEPHONE AND ELECTRIC DUCTS, OR SIMILAR INSTALLATIONS, A MINIMUM OF 12 INCHES OF VERTICAL CLEARANCE SHALL BE PROVIDED BETWEEN THE MAIN OR SEWER AND OTHER INSTALLATIONS. ft THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS WITHIN OR ADJACENT TO THE LIMITS OF WORK. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONARY MEASURES NECESSARY TO PROTECT EXISTING IMPROVEMENTS FROM DAMAGE. ALL IMPROVEMENTS DAMAGED BY CONTRACTOR'S OPERATIONS SHALL BE EXPEDIT1QUSLY REPAIRED OR RECONSTRUCTED TO THE OWNER'S SATISFACTION AT THE CONTRACTOR'S EXPENSE WITHOUT ADDITIONAL COMPENSATION.CONTRACTOR SHALL INFORM THE OWNER OF ANY UTILITY LINE THAT IS DAMAGED BY THE CONTRACTOR'S ACTIONS IMMEDIATELY AFTER DAMAGE OCCURS, 10. SURFACE IMPROVEMENTS DAMAGED OR REMOVED AS A RESULT OF THE CONTRACTOR'S OPERATIONS SHALL BE RECONSTRUCTED BY THE CONTRACTOR TO THE LOCAL GOVERNING AGENCY'SREQUIREMENTS. 11. CONTRACTOR SHALL PROVIDE EROSION CONTROL MEASURES TO CONTROL SOIL MOVEMENT SATISFACTORY TO THE OWNER, EROSION CONTROL MEASURES SHALL INCLUDE, BUT ARE NOT LIMITED TO: SLOPE PROTECTION. HYDROSEEDING. SANDBAGS, AND STORM DRAINS. 12. BLASTING IS NOT PERMITTED. 13. ALL REVISIONS TO THESE DRAWINGS MUST BE APPROVED BY THE CITY OF CARLSBAD. 14. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PROTECT ANY STREET MONUMENTAT1ON IN PLACE. IF ANY MONUMENT IS DISTURBED OR DESTROYED. THE CONTRACTOR WILL BE REQUIRED TO CONTRACT WITH A REGISTERED LAND SURVEYOR FOR THE RE-ESTABLISHMENT ANO MAPPING OF THE DESTROYED MONUMENT. 15. ALL SEWERS SHALL BE LEAK TESTED. AIR TESTED. MANDREL TESTED AND CCTV INSPECTED PRIOR TO ACCEPTANCE BY THE CITY. LEAK TEST. AIR TEST. MANDREL TEST, AND CCTV WSPECT1ON SHALL BEPER SPECIFICATION SECTION 02730. . PRIOR TO PAVING THE STREET SECTION, ALL UNDERGROUND FACILITIES WITH LATERALS, INCLUDING BUT NOT LIMITED TO SEWER. WATER TELEPHONE, ELECTRIC POWER, GAS. CABLE TELEVISION AND DRAINAGE FACILITIES SHALL BE IN PLACE AND TESTED. . CITY APPROVAL OF PLANS DOES NOT RELIEVE THE ENGlNEER-OF-WORK FROM RESPONSIBILITY FOR THE CORRECTION OF ERRORS AND OMISSIONS DISCOVERED DURING CONSTRUCTION. ALL PLANREVISIONS SHALL BE PROMPTLY SUBMTTTED TO THE CITY ENGINEER FOR APPROVAL . A RIGHT-OF-WAY PERMIT FROM THE CITY ENGINEER WILL BE REQUIRED FOR ANY WORK IN THE PUBLIC RIGHT OF WAY. PRIOR TO PERMIT ISSUANCE. A CERTIFICATE OF INSURANCE MUST BE FILED NAMWG THE CITY OF CARLSBAD A3 AN ADDITIONAL INSURED ON THE PERMITTEE'S POLICY IN THE MINIMUM AMOUNT OF S1.000.000.00 FOR EACH OCCURRENCE OF LIABILITY. THE INSURANCE COMPANY WRITING THE POLICY MUST HAVE A RATING OF 'A-' OR BETTER AND A SIZE CATEGORY OF CLASS "V OR BETTER AS ESTABLISHED BY 'BESTS' KEY RATING GUIDE. GENERAL NOTES fCON'T): 23. A PRECONSTRUCnON MEETING SHALL BE HELD AT THE SITE PRIOR TO THE BEGINNING OF WORK AND SHALL BE ATTENDED BY ALL REPRESENTATIVES RESPONSIBLE FOR CONSTRUCTION, INSPECTION, SUPERVISION, TESTING AND ALL OTHER ASPECTS OF THE WORK. THE CONTRACTOR SHALL SCHEDULE THE MEETING BY CALLING THE INSPECTION LINE AT (760) 438-3881 AT LEAST RVE (5) WORKING DAYS PRIOR TO STARTING CONSTRUCTION, APPROVED DRAWINGS MUST BE AVAILABLE PRIOR TO SCHEDULING. 24. THE CONTRACTOR SHALL DESIGN, CONSTRUCT AND MAINTAIN ALL SAFETY DEVICES, INCLUDING SHORING, AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCAL, STATE AND FEDERAL SAFETY AND HEALTH STANDARDS. LAWS AND REGULATIONS. 25. IF ANY ARCHAEOLOGICAL RESOURCES ARE DISCOVERED WITHIN ANY WORK ZONE DURING CONSTRUCTION, OPERATIONS WILL CEASE IMMEDIATELY, AND THE PERMITTEE WILL NOTIFY THE CITY ENGINEER. OPERATIONS WILL NOT RESTART UNTIL THE PERMITTEE HAS RECEIVED WRITTEN AUTHORITY FROM THE CITY ENGINEER TO DO SO. 26. ALL OFF-SITE HAUL ROUTES SHALL BE SUBMITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR APPROVAL TWO FULL WORKING DAYS PRIOR TO BEGINNING OF WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING ALONG THE HAUL ROUTE OR ADJACENT STREETS AS A RESULT OF THE GRADING OPERATION. 27. THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN ON THE CONSTRUCTION PLANS WERE OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OTHER UTILITY FACILITIES OR STRUCTURES NOT SHOWN OR IN A LOCATION DIFFERENT FROM THAT SHOWN ON THE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN ON THE PLANS AND ANY OTHER EXISTING FACIUTtES OR STRUCTURES NOT SHOWN. 2B- CONTRACTOR SHALL SUBMIT PLANS FOR ANY ON-SITE OR OFF-SITE STAGING AREAS TO THE CITY OF CARLSBAD ENGINEERING DEPARTMENT FOR APPROVAL M- ANY TEMPORARY FLOW STOPPAGE OR DIVERSION SHALL BE PERFORMED DURING LOW FLOW PERIODS. ANY SUCH WORK SHALL BE CONDUCTED ONLY AFTER SUBMISSION OF A DETAILED WORK PLAN. THE DETAILED WORK PLAN SHALL BE SUBMITTED TO THE ENGINEER FOR REVIEW, COMMENT AND APPROVAL ALL SUCH REQUESTS AND SCHEDULING SHALL OCCUR AT LEAST TWO WEEKS PRIOR TO THE SCHEDULED OUTAGE. * AS APPROPRIATE SIGNING AND STRIPING NOTES: 1. THE CONTRACTOR IS RESPONSIBLE FOR INSTALLING ALL SIGNING AND STRIPING. 2. SIGNING, STRIPING AND PAVEMENT MARKINGS SHALL CONFORM TO THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES {FHWA'S MUTCD 2003 REVISION 1. AS AMENDED FOR USE IN CALIFORNIA). CALTRANS STANDARD SPECIFICATIONS (JULY 2006 OR LATEST VERSION THEREOF). THESE PLANS AND THE SPECIAL PROVISIONS. 3. ALL SIGNING AND STRIPING IS SUBJECT TO THE APPROVAL OF THE ENGINEER OR WS REPRESENTATIVE. PRIOR TO INSTALLATION. 4. PRIOR TO FINAL ACCEPTANCE OF STREET IMPROVEMENTS, ALL STREET STRIPING AND MARKINGS WITHIN A 50ff PERIMETER OF THE CONSTRUCTION PROJECT WILL BE RESTORED TO A TJKE NEW" CONDITION, IN A MANNER MEETING THE APPROVAL OF THE CITY INSPECTOR 5. ALL PAVEMENT LEGENDS SHALL BE THE LATEST VERSION OF THE CALTRANS METRIC STENCILS. 6 FIRE HYDRANT PAVEMENT MARKERS SHALL CONFORM TO THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (FHWA'S MUTCD 2003 REVISION 1. AS AMENDED FOR USE IN CALIFORNIA) AND SAN DIEGO REGIONAL STANDARD DRAWING M-f 3. 7. ALL MEDIAN NOSES AND FLARES SHALL BE PAINTED YELLOW. a ALL SIGNS SHALL BE STANDARD SIZE AS SHOWN IN THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (FHWA'S MUTCD 2003 REVISION 1, AS AMENDED FOR USE IN CALIFORNIA) UNLESS OTHERWISE SPECIFIED. SEWER NOTES: 1. THE CONTRACTOR SHALL OBTAIN AN EXCAVATION PERMIT FROM THE DIVISION OF INDUSTRIAL SAFETY BEFORE ANY EXCAVATION AND SHALL ADHERE TO ALL PROVISIONS OF THE STATE CONSTRUCTION SAFETY ORDERS. 2. BEFORE ANY CONNECTION TO THE CITY OF CARLSBAD'S EXISTING SYSTEM. A PERMIT SHALL BE OBTAINED FROM THE CITY. IT MUST BE SIGNED AND APPROVED BY THE CITY OF CARLSBAD'S ENGINEER AND ENCINA WATER AUTHORITY SUPERINTENDENT. BENCHMARK THE BENCH MARK USED FOR THIS SURVEY IS AZ^BRASS DISK IN DRAINAGE WLET STAMPED -CITY OF CARLSBAD SURVEY CONTROL STATION CLSB-067 LS K15" LOCATED ATTHE SOUTHWEST QUADRANT OF AVENIDA ENCWAS AND CANNON ROAD AS PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK BOOK AND RECORD OF SURVEY17271. I.E. ELEV. =44.01 (NGVD29) BASIS OF COORDINATES THE BASS OF COORDINATES FOR THIS SURVEY IS THE CITY OF CARLSBAD SURVEY CONTROL STATION "CLSfrOST- AS PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK BOOK AND RECORD OF SURVEY 17271. PROPERTY LINES AND RIGHT-OF-WAY LINES SHOWN HEREON WERE ESTABLISHED FROM CITY OF CARLSBAD CIS DATA. NO TITLE REPORTS WERE REVIEWED FORTH1S PROJECT. CENTERUNES OF STREETS SHOWN HEREON WERE ESTABLISHED FROM RECORD MAPS. SELECT RECORD MONUMENTS WERE TIED INTO THE PROJECT COORDINATESYSTEM TO ORIENTATE THOSE RECORD MAPS. BEARINGS AND DISTANCES TAKEN FROM CENTERUNES IN THIS DRAWING REPRESENT A BEST FIT COMPILATION OF RECORD DATA. CENTERLINES, PROPERTY LINES, AND RIGHT-OF-WAY LINES ARE INTENDED TO BE USED FOR A GRAPHICREPRESENTATION ONLY. POP 00-02 (C) / SP 144 (L) / RP 10-2B/ COP 10-17 / HDP 10-06 / SUP 1M2/HMP 10-03 BROWN AND CALDWELLeSBS Chesapeake Drire. Sutt« SOOSon Diego, Co. 82123 | CITY OF CARLSBAD I[ ENOHEEHIHO oepMmzv GENERAL NOTES AGUA HEDONOA SEWEH S.FT STATION. FORCE MAJN.AND GRAVITY SEWER REPLACEMENT PROJECT II INTERCEPTOR REUEF SEWER IN AVENIDA ENCINAS PROJECT LOCATION MAP POP KWJ2 (C) / SP 1« (L) / RP10-26 / CDP 10-177 HDP 10-05 / SUP 1(M)2 / HMP 10-03 SCULL, r - zocr BROWN AND CALDWELL I CITY OF CARLSBAD [j ENQIMEEfBHQ D6PABTMEWT | PROJECT LOCATION MAP . • -- : ' /." .- •, . -\f- POP 00-OZ 1C) / SP 144 (L) / RP 10-28 / GDP 10-17/ HDP 10-05 /SUP 10-021 BROWN AND CALDWELL 96Q5 Chesapeake Drive. Suite 200 Son Diego, Cn. 93123 il CITY OF CARLSBAD I PROPOSED EASEMENTS I! POP 00-02 (CJ / SP 144 (L) / RP1O-26/CDP 10-17 I HDP 10-05 'SUP VUJ2!HMP 10-03 BROWN AND CA.LDVTELL 9665 Chesapeake Drive. Suite 300 SOB Diego. Co.. 92123 rClTY OF CARLSBAD I PROPOSED EASEMENTS PROPOSED RECYCLED WATER [OPEN TRENCH CONSTRUCTION) PROPOSED 6' WATER UNE REPLACEMENT OF EXISTftJG 3T WATER PROPOSED SEWER EXISTING SEWER TO REMAN EXISTING SEWER TO BE ABANDONED OR REMOVED EXISTING ABANDONED SEWER EXISTING 12-HP GAS RELOCATED 12"HPGAS EXISTING 12* HP GAS TO BE REMOVED TEMPORARY 24" BYPASS FORCE MAIN TEMPORARY 4r SEWER EXISTING OVERHEAD TELEPHONE EXISTING OVERHEAD ELECTRICAL EXISTING GAS EXISTING SEWER EXISTING WATER EXISTING STORM DRAW TEMPORARY CONSTRUCTION FENCING LAYDOWNAREA PROPOSED MANHOLE PDP 00-02 (C) / SP 144 (L) / RP 1Q-26/ CDP10-17 (HOP 10-05 / SUP HXCCHMP 10-03 BROWN AND CALDWE LL 8666 Chesapeake Dri™, Suite ZOO Sun Diego. Co- 92123 fCITY OF CARLSBAD"! PROPOSED IMPROVEMENTS PHASE 3 (VC12 AND VC13) OPEN TRENCH CONSTRUCTION (ALL UTILITIES)HDOnRENCHLESS CONSTRUCTION [PROPOSED 30" ID SEWER FORCE MAIN OPEN TRENCH CONSTRUCTION (PROPOSED 12" RECYCLED WATER) • s ,. ;• '"' • • '• ^ __ ::f,':'-; ail ' I • •- '• • . :•. • .. ^ I • ' 1 •• ' I I 1 EXtSTING 12" HPGASUNETOBE RELOCATED ONTO BRIDGE AND EXISTING PIPE AND SUPPORTS TO BE REMOVED PROPOSED RELOCATION OF 12-HP GAS LINE TEMPORARY CONSTRUCTION FENCING - PROPOSED 12- RECYCLED WATER [OPEN TRENCH CONSTRUCTION) -EXISTING BRIDGE AND XT SEWER TO BE REMOVED AFTER COMPLETION OF PROPOSED BRIDGE ' * " BROWN Aim 6665 ChesapeakeSDH Diego, CALDWELL Drive, Suite 200 Ca. 92123 PDP 00-02 (C) / SP 144 (L) / RP 10-2ft/ lnsHEETMAMrTCDP10-17/MOP'0-05/SUP10-02/ Q. n7"^HMPIQ^B |1 PL-°7 1 SHEET i C[TY OF CARLSBAD ll8^18 PROPOSED IMPROVEMENTS AGUA HEDKWDA SEWER LIFT STATTON. FORCE MAIN. AND GRAVITY SEWER REPLACEMENT PROJECT PHASE3(VC12ANDVC13) PROPOSED MCC AND GENERATOR ROOM TEMPORARY CONSTRUCTION FENCING PROPOSED RETAINNG WALLS (y TO V HIGH)VISIBLE FACE OF PROPOSED STRUCTURE PROPOSED FOUL AIR BLOWERS TO BIO-FLTERSPROPOSED PERMANENT ff HIGH. BLACK VINYL COATED CHAIN LINK FENCE (TYP AROUND PUMP STATION SITE) TEMPORARY CONSTRUCTION FENCWG PROPOSED FOUL AIRBLOWERS TO BIO-F1_TER ,- PROPOSED PERMANENT / ff HIGH FENCING'. PROPOSED RETAINING WALL [31 TO ff HIGH) PROPOSED 0- WATER LINE EXISTING PROPERTY LINE HDD EQUPMENT LAYDOWN AREAANO PIPELINE ENTRY PIT PROPOSED RETAIN ING WALLS AND ABUTMENTS PROPOSED 3fr ID . SEWER FORCE MAW PROPOSED ir RECYCLED WATER (OPEN TRENCH CONSTRUCTION) PROPOSED 5T ID GRAVITY SEWER EXISTING 42- GRAVITY SEWER TO REMAND JUNCTION STRUCTURE No. 4 DEMOLISH EXISTING UFT STATION FACILITIES AFTER COMPLETION OFPROPOSED LIFT STATION (SEE SHEET PWffl) - TEMPORARY CONSTRUCTION FENCE EXfSTMO NCTD BRIDGE EXISTING irHPGASUNETOBE RELOCATED WTO BRIDGE AND EXISTING PIPE AND SUPPORTS TO BE REMOVED PROPOSED RELOCATION OF 12-HPGASLWE EXISTING BRIDGE AND 47 SEWER TO BE REMOVED AFTER COMPLETION Of PROPOSED BRDGE PROPOSED TEMPORARY 6* PVC WATER PROPOSED GRINDER FACILITY ABANDON EXISTING W SEWERTEMPORARY 4T DIVERSIONPIPP TO EXISTING LIFT STATIONPROPOSED BRIDGE SEE SHEET PL-17 TEMPORARY HIGH-UNE BYPASS PUMPING FORCE MAM PROPOSED RECYCLED WATER (OPEN TRENCH CONSTRUCTION) PROPOSED &* WATER LINE REPLACEMENT OF EWSTMCTWATER PROPOSED SEWER EXISTING SEWER TO REMAN EXISTING SEWER TO BE ABANDONED OR REMOVED EXISTING ABANDONED SEWER EXISTING ir HP GAS RELOCATED trHPGAS EXISTING 12" HP GAS TO BE REMOVED TEMPORARY 24' BYPASS FORCE MAJN TEMPORARY HT SEWER EXISTING OVERHEAD TELEPHONE EXISTING OVERHEAD ELECTRICAL EXISTING GAS EXISTING SEWER EXISTING WATER EXISTING STORM DRAW TEMPORARY CONSTRUCTION FENCING LAYDOWNAREA PROPOSED MANHOLE POP OWE (C) / SP 144 (L) / RP 10-»/ CDP10-17/HDP1CW5/SUP1WJ2/ HMP 10-03 BROWN AND C ALDWELL 9605 Chesapeake Drive, Suite 200San Diego, Co- B2183 I CITY OF CARLSBAD I | ENGIHEERIMCL D PROPOSED IMPROVEMENTS EXISTING LIFT STATION TOP SLAB DEMOLITION PLAN SCALE: 1M- = T-fl- DEMOLITION PLAN SCALE: 1M*= 1XT EXISTING GENERATOR BUILDING EAST ELEVATION SCALE: 1»-= 1MT EXISTING GENERATOR BUILDING DEMOLITION PLAN SCALE: 1»'= 1XT EXISTING LIFT STATION SECTION A-A SCALE- i»- = r-v (TO BE REMOVED AND BACKFILLED) OVERFLOW BASIN SECTION SCALE: NONE EXISTING LIFT STATION SECTION B-B SCALE: 1/4- - 1MT POP 00-02 (C) /SP 144 |L) IRP 10-26/COP 10-17 /HOP 1OO5/SUPICWB;HMP 10-03 BROWN AND CALDWELL ^ie««pealtB Dri™, Suit Son Diego. Co. 821 S3 I CITY OF CARLSBAD I PROPOSED DEMOLITION LEGEND: S- PIPE / SWALE FLOW —»- SURFACE FLOW LIMITS OF CUT 30-STORM DRAIN RPE CATCH BASIN WITH FILTRATION MEDIA INSERT REPLACE EXISTING XT STORM DRAW PPE 18* STORM DRAIN PIPE STORM DRAIN HEADWALL/RIPRAPOUTFALL TO INFILTRATION BASIN EXISTING INFLTTRATJON BASIN 18' STORM DRAIN PtPE CURB AND GUTTER CURB INLET ..... EXISTING AT! &S.F. RAILROAD R/W EARTHEN COVER I GRAVELCOVER ASPHALT PAVEMENT PCC PAVEMENT [PORTLAND CEMENT CONCRETE) INFILTRATION BASIN (TC-11) STORM DRAIN CLEANOUT BASIN OVERFLOW INLET CATCHJASIN ...... CURBWLET STORM DRAIN HEAD WALL/RFRAP OUTFALL TO INFILTRATION BASIN NOTCHED CURB EXISTING INFILTRATION BASIN - CURB AND GUTTER -CURBINLET. .. - '" - EXISTING AT."* S.F. RAILROAD RAN GRADING QUANTITY TABLE CUT 77,471 CU YD SCUT) FILL 39.056 CU YD [FILL) GRAVEL IMPORT 7,767 CU YD (IMPORT) IMPORT SOIL 7,069 CU YD (IMPORT) EX PORT SOIL M,579CUYD (EXPORT) POP 00-02 <C) / SP 144 (L) / RP 1O-2B/ \rsifECDP10-t7/HDP1(H)5/SUP10"02/ ~HMP10-CH LJ1L BROWN AKD CALDff E LL 9665 Chesapeake Drive, Suite 300Sou Diego. Co. 92123 STORM WATER MANAGEMENT PHASE 3 (VC12 AND VC13) HDOfTRENCHLESS CONSTRUCTION (PROPOSED 30" ID SEWER FORCE MAM OPEN TRENCH CONSTRUCTION (PROPOSED 12" RECYCLED WMER) . : • .•;:;•.. : • u mm 1 -• ; 3 .;... MC [.:• • ;..-.'. ; ' :./___.- .: . . -:-: PHASE 3 fVC12 AND VC13) HDD/TRENCHLESS CONSTRUCTION (PROPOSED 30" ID SEWER FORCE MAIN) OPEN TRENCH CONSTRUCTION (PROPOSED 12" RECYCLED WATER) "• .-.—;, ,; ;." : •,••: , ;. \ (:*:•-.•: :\- •'---; 11'. - -• . ••• 1 1 i I I ' | ; ' PDP (XWH !C) / SP 144 (L) / RP 10-26 /CDP 10-17'HDP KMB/SUPICME/HMP CITY OF CARLSBAD PROPOSED IMPROVEMENTSBROWN AND CALDWELL 0665 Chesapeake Drive, Suite 200San Diogo. Ca. 92123 ftGUA HED10MDA SEWER LIFT STATION. FORCE MUM AND GRAVITYSEWER REPLACHMENT PFK3JECT PHASE 3 (VC12 AND VC13} IDCyrRENCHlESS CONSTRUCTION (PRQPQSED 30" Id SEWER FORCE MAIN) OPEN TRENCH CONSTRUCTION (PROPOSED 12" RECYCLED WATER) PHASE 1 (VC14ANDVC15) OPEN TRENCH CONSTRUCTION "PROPOSED 54- ID GRAVITY SEWER AND 12" RECYCLED WATER) (OPEN TRENCH CONSTRUCTION) POP 00-02 (C) / SP 144 (L) IRP 10-261 frfF"; ij •"- CDP 10-17/HDP 10-05/SUP 10-02 / PL 12 HMP10-03 [I - BROWN AND CALDWELL 9665 Chesapeake Drive, Suite 200Son Diego, Co. 931S3 i CITY OF CARLSBADlpt PROPOSED IMPROVEMENTS -OPEN TRENCH CONSTRUCTION (PROPOSED 54H ID GRAVITY SEWER AND 12' RECYCLED WATER) PHASE 1 (VC14AND VC15) MICROTUNNEL TRENCHLESS CONS IRUCI ION (PROPOSED 54" ID GRAVITY SEWER OPEN TRENCH CONSTRUCTION ( PROPOSED 12" RECYCLED WATER) BROWN AND CALDWELL 96S5 Chesapeake Drive, Suite 200San Diego, Ca. 92133 PROPOSED IMPROVEMENTS PHASE 1 (VC14 AND VC1S)OPEN TRENCH CONSTRUCTION MICROTUNNEL TRENCHLESS CONSTRUCTION (PROPOSED 54" ID GRAVITY SEWER] OPEN TRENCH CONSTRUCTION ( PROPOSED 12" RECYCLED WATER) \.-''.*"'- JACKING SHAJ-I \-ExlsriNQ4rSEHER f^HASE 1 (VC14 AND VC15) POP 00-02 (C) / SP 144 (L) / RP 10-28 / I .• . . -ZZT CDP'O-17/MOP 10-05/SUP10-02/ I Dl 7T^ \ HMP10-03 I PL'14 I IROWN AND CALDWELL 9BB5 Chesapeake Drive, Suite 200 3aa Diego. Co.. 93123 CITY OF CARLSBAD I PROPOSED IMPROVEMENTS AVENIDA ENCINAS EASEMENT A LANES LANES // EX-KT AGPWATER SECTION ( 90L£:1'-10 AVENIDA ENCINAS EASEMENT -EX MEDIAN. NORTHBOUND .7 EX CURB AND GUTTER 90 EX SIDEWALK BO EX 3'HP. GAS _ELUNK_ s -PROP 54'ID SEWER SECTION AVENIDA ENCINAS EASEMENT1 RIGHT OF WAY 90 EX CURB AND GUTTER -, • EX GUARDRAIL-A EX VEGETATED -s, \E\. SOOTHBOUND- LANES NOfTTH BOUND LANES ,- EX CU RB AND GUTTER / /-EKSIDEWALK. / / .AND.DFUVEWAY // \-HXt2-HPG L EX 4Z" RCP SEWER ^ PROP 54'1C SECTION ^ SCALE;1--tCT POP 00-03 (C) / SP 144 (L) / RP10-29/CDP 10-171 HDP 10-05 / SUP 1WQ/ HMP 10-03 BROWN AUD CALDff ELL9686 Chosapealo Drive, Suite 200San Diego. Ca. 92123 i CITY OF CARLSBAD I | ENGNEEHINQ OE CROSS SECTIONS SOUND ENCLOSURE VEHICLE GUARDRAIL - BEYOND WEST ELEVATION CJF. CONCRETE VW INTEGRAL COMC. COLOR -FORM TIE HOLES CJ.P. CONC. RETAINING WALL W/ INTEGRAL CONC. COLOR PLANTED SLOPE- GRINDER FACILITY SITE PLAN NO SCALE BROWN AHD CALDWELL flflflS ChaMpeake Ditro. Suite 200San Diego, Ca. 92123 MET II » II AQUAHB ANDQ CITY OF CARLSBAD ll"*—1 EHONEEnNOMPJlKTWBr II & ELEVATIONS 3KDNOA SEWER UfT STATION. FORCE MAIN. WOTf SEWER REPLACEMENT PROJECT 28.5 28.5 FOR CONTINUATION AVEN1DA ENCINAS 54'SEWER STAGING PLAN SCALE: r-W - MATCHUNESEE ABOVEFOR CONTINUATION 54-SEWER STAGING PLAN SCALE: 1" = W MATCHLINESEE SHEET PL-19FOR CONTINUATION LEGEND: UMrrs OF WORK AREA NOTES: 1. LIMITS OF OPEN EXCAVATION CONSTRUCTION STAGE SHALL NOT EXCEED 400FEET IN LENGTH. FOLIOWING PIPE INSTALLATION AND BACKFILL OF EACH CONSTRUCTION STAGETHE CONTRACTOR SHALL CAP IMPACTED ROADWAY SURFACE WfTH HOT-MIXASPHALT. CONTRACTOR SHALL PLACE TEMPORARY DOUBLE YELLOW STRIPINGALONG BOUNDARY OF REMOVED HARDSCAPE MEDIAN UNTIL RAISED MEDIAN ISREPLACED IN KIND WHILE CONSTRUCTION ACTIVITIES ARE OCCURRING WITHIN A SINGLE STAGE. THE CONTRACTOR SHALL NOT OCCUPY MORE THAN 100 FEET OF EITHER THE LEAD OR LAO STAGE FOR CONSTRUCTION ZONE ACCESS. AT CONSTRUCTION STAGES WHERE TRAFFIC IS TEMPORARILY REDUCED TO A SINGLE TRAVEL LANE THE CONTRACTOR SHALL PERFORM NIGHT CONSTRUCTION OR PROVIDE FLAGSER CONTROL UNTIL SEGMENT IS COMPLETED 11. STAGES ARE NOT REPRESENTATIVE OF CONSTRUCTION ORDER. 12" RECYCLED WATER STAGING PLAN SCALE: r-401 POP 00-02 (C) / SP144 (L) / RP 10-28 / COP 10-17 (HDP 10-05 / SUP 10-Q2/ HMP10-03 BROWN AND CALDWE LL 9665 Chesapeake Drive. Suite 200San Diego. Ca, 82123 I CITY OF CARLSBAD I TRAFFIC STAGING PLAN UATCHLINESEE BELOW FORCONTINUATION - MATCHUNESEE SHEET PL-18FOR CONTINUATION 54" SEWER STAGING PLAN SCALE: r»BCr - MATCHUNESEE ABOVEFOR CONTINUATION 54" SEWER STAGING PLAN SCALE: r = 80" LIMITS OF WORK AREA NOTES: 1. LIMITS OF OPEN EXCAVATION CONSTRUCTION STAGE SHALL NOT EXCEED 400 FEET IN LENGTH. FOLLOWING PIPE INSTALLATION AND BACKFILL OF EACH CONSTRUCTION STAGETHE CONTRACTOR SHALL CAP IMPACTED ROADWAY SURFACE WITH HOT-MIXASPHALT CONTRACTOR SHALL PLACE TEMPORARY DOUBLE YELLOW STRIPINGALONG BOUNDARY OF REMOVED HAROSCAPE MEDIAN UNTIL RAISED MEDIAN ISREPLACED IN KIND WHILE CONSTRUCTION ACTIVITIES ARE OCCURRING WITHIN A SINGLE STAGE, THE CONTRACTOR SHALL NOT OCCUPY MORE THAN 100 FEET OF EITHER THE LEAD OR LAG STAGE FOR CONSTRUCTION ZONE ACCESS. AT CONSTRUCTION STAGES WHERE TRAFFIC IS TEMPORARILY REDUCED TO A SINGLE TRAVEL LANE THE CONTRACTOR SHALL PERFORM NIGHT CONSTRUCTION OR PROVIDE FLAGGER CONTROL UNTIL SEGMENT !S COMPLETED. 11. STAGES ARE NOT REPRESENTATIVE OF CONSTRUCTION ORDER. 12" RECYCLED WATER STAGING PLAN SCALE: 1" - 40- POP 00-02 (C) ISP 144 (L} / RP 10-28 /CDP 10-17 / HDP 10-05 / SUP 10-02 / HMP1&Q3 BROWN AND CALDWELL 8665 Chesapeake Drive, Suit* 2003an Diego. Co. 92183 I CITY OF CARLSBAD ( L EHOlrffiEHINO oePABUIENT j TRAFFIC STAGING PLAN LEGEND TREES (15 gat. and 24' bo*) such ae: ffi^ ARBUTUS UNEDQ \J_y METEROSOeROS EXCELSUS SHRUBS (5gal. and 15gal.)suchas: Q CAWSSA dWCROCARPA GROUND COVER (such as): [ ] ACACIAREDOLENS-DESEHTCARPET MYOPORUM PARVIFOUUM LIMONIUM P6REZ1] [ *J»" f I AGAPANTHUS OSTEOSPERUUM FR BASIN GROUND COVER (su PAVING MATERIALS smAWBERRYTREE CAJEPUTTREE MEW ZEALAND CH FOST .¥ Of THE NILE 1AILINO AFRICAN DAISY SEED MIX SPECIFICATION 1M CONFERTFLORUM SOLDEN YARROW LOTUS SCOPARIUS NASSELLA LEPID* MUHLENBERGIA RIGENS CAST1LLEJA EXSERTA LUFWJS SUCCULENTU3 EPLOBIUM CAWJM DEERWEEDCALIFORNIA POFPYPURPLE OWLS CLOVE:MINIATURE LUPINE SEED INSTALLATION NOTE AS A RESULT OF CONSTRUCTION SHALL BE REVEGETATED THE SEED MIX ABOVE. HYDROSEED£D PER CONTRACT SPB02830. AREAS TO BE HTOROSEEDED WILL BE DELINEATED BY IE MICROTUNNEUNG, TRENCH D [0 IMPACTED PLAN NOTES a [Tj GRASS-PLANTED VEGETATED SWALE [Tj VEQETATED«MF m RAISED PLANTE [T[ EDGEOFlRRia |T[ 8 FOOT HIGH. K iD CHAINUNK FENCE PER DETAIL WEST ELEVATION SCALE: 1"=20' SOUTH ELEVATION COHCfl£TE ENCASEMENT ENCASSitENTS SMAIL HAVE CROWN ABOVE GROUND LEVE CHAIN LINK FENCE DETAIL NOT TO SCALE POP OCWG (C)/ SP 144 (L) / RP 10-26 /CDP 10-17 / HDP 1CMJ5 / SUP 10-02 / HMP 10-03 BROffN AND CALDWELL 9665 Chesapeake Drive. Suite 200 Sftn Diego, Ca. 92123 i CITY OF CARLSBAD j LANDSCAPE CONCEPT PLAN LIFT STATION FIRST FLOOR - 5.373 SQ. FT. SCALE; Ha"=1'-(r LIFT STATION SECOND FLOOR - 7.273 SQ. FT.SCALE Hj-=r-o- GRINDER FACILITY - 875 SQ. FT. SCALE: Xs'=1'-fl" BUILDING AREA SQUARE FOOTAGE No. 1 100 1 1 101 I | I 102 | nool rioTl [201^1 J202l L~203l |204[ 1W |2D6| rsooi ROOM UFT PUMPS WET WELL FORCE MAIN =UMPS GENERATOR ELECTRICAL ENTRY TOILET OFFICE LIFT PUMPS WETWfl-L FORCE MAIN PUMPS GRINDER AREA 1.945 SOFT 550 SOFT 2,878 SOFT 719 SOFT BBSiSQFT 103 SOFT as s SQ FT 123 SOFT 2,060 SQ FT 927.5 SQ FT 2.337 SQ FT 875 SOFT •LIFT STATION KEY MAP NO SCALE I P1-21 I BROWN aim CALDWELL S665 Chesapeake Drive, Suite 200San Diego. Ce. 92123 | CITY OF CARLSBAD I BUILDING LAYOUTS AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN.ANO GRAVITY SEWER REPLACEMENT PROJECT LOOKING FROM 1-5 NOT TO SCALE LOOKING FROM CARLSBAD BOULEVARD LOOKING FROM GARFIELD STREET POP OM2(C)/SP 144 (LJ/RP 10-28 / CDP 10-17/HDP 10-05/SUP 1CM)2/ HMPKHQ BROWN AND CALDWELL rCITYOF CARLSBAD I I ENGINEERING DB»>SRTMEMr VISUAL SIMULATIONS PDF 00-02 (C) / SP 144 (L) / RP 10-2fiCDP 10-17 /HDP 10-05 / SUP 1O03 / AGUA HEDIONDA LAGOON V.,:: .. ... - ' " . .-•-'•" ":." - -; " - ' ' " ' 1 | ' EX MCTD RAILROAD - EX RAILROAD BRIDGE EX BRIDGE AND 42" SEWER BASIN SLOPES TABLE NUMBER 1 2 3 4 MINIMUM SLOPE ) MAXIMUM SLOPE ;COLOR 0.00% i 15.00% ;~! 15.00% ; 25.00% 25.00% . 40.00% 40.00% ^ 40.00% , f| 20 AREA (SO FT) 26,288 2.886 2,265 18.292 3D AREA (SO FT) 26.329.26 2.939.87 2.379.46 21,571.60 ALL SLOPES SHOWN IN SECTIONS ARE AVERAGE SLOPES. f 20 322 Station SECTION A-A Station SECTION B-B Statior SECTION C-C POP OCWQ (C) / SP 144 (L) / RP 10-26 / 17=.CDP 10-17 /HOP KWJ5/ SUP 10-02/ : : ' HMP 10-03 [L_ ^l CITY OF CARLSBAD I * M EM01HEERINQ DEPARTMENT BROWN AND C ALDWEL L 9665 Chesapeake Drive, Suite 300San Diego. Ca. 92123 CROSS SECTIONS LIFT STATION SITE SLOPES TABLE NUMBER 1 2 3 < MINIMUM SLOPE 0.00% 15.00% 25.00% 40.00% MAXIMUM SLOPE 15.00% 25.00% 40.00% > 40.00% COLOR 2D AREA (SQ FT) 91,865 11.354 7,735 13,079 3D AREA (SQ FT) 91,979.98 11.580.93 8,156.83 15.097.BO CONCRETE BERM T^::s::::.3ii«*....,^£f. , , ^.— s < 1 !' •^'*~*^ I . j%_. . . . 1 st : 0*00 0+50 1+50 2+00 2>50 3+00 §-20 0+00 0+50 1+50 2+00 2+50 3+00 Station SECTION E-E EX UTILITY EASEMENT- CONCRETE BERM 1+00 1+50 2+00 2+50 3+00 3+5C Station 4+00 4+50 5*00 5+50 6+00 6+50 POP OCHH (C) / SP 144 (L) / RP 10-26 / CDP 10-17 ( HDP 1CWJ5I SUP 10-02 ( HMP 10-03 BROWN AND CALDWELL S665 CiiesBpeake Drive, Suite 300 San Diego. Ca. 92123 1 CITY OF CARLSBAD I[ ENQIMEER1NO Dg"ABtMEKT CROSS SECTIOI^S