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HomeMy WebLinkAboutCT 97-13; Carlsbad Oaks North; Tentative Map (CT) (21)City of Carlsbad Public Works — Engineering December 4, 2008 Mr. Bob Ladwig, Ladwig Design Group 2234 Faraday Avenue Carlsbad, CA 92008 CT 97-13 CARLSBAD OAKS NORTH / EXPIRATION DATE Dear Mr. Ladwig: We have received your correspondence dated October 29, 2008 regarding the expiration date of Carlsbad Oaks North, CT 97-13. We agree with your conclusion, the application of the automatic extensions of the Tentative Map per section 66452.6(a)(1) of the current Subdivision Map Act, and the application of the one-year automatic extension per SB 1185.. The expiration date of CT 97-13 Carlsbad Oaks North is December 15, 2011. We also agree that the month and day has changed because the actual recordation of the first Final Map occurred after the original expiration date. If you have any questions or wish to discuss this matter please contact me at (760) 602-2742 . Sincerely, m, Associate Engineer C: Senior Office Specialist, Development Services Senior Civil Engineer, Development Services Project Planner File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 f SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK- SAN DIEGO SOCIETY OF NATURAL HISTORY- ESTABLISHED 1874 16 September 2008 Mr. Van Lynch Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-731 RE: Paleontological Mitigation; Carlsbad Oaks North, Phase 3 (C.T. 97-13-03) Dear Mr. Lynch: It is my understanding that the City of Carlsbad has placed a general requirement for paleontological resource mitigation on your Carlsbad Oaks North project. However, the Phase 3 portion of the project has existing conditions that make paleontological mitigation unnecessary. After reviewing the supplemental geotechnical report prepared for this project by Geocon Incorporated (June 26, 2008) it is clear that the site is underlain by unfossiliferous modern alluvium and Mesozoic-age granitic rocks. Paleontological resources (i.e., fossils) are preserved in layered sedimentary rocks that accumulated in ancient marine, estuarine, lacustrine, aeolian, and/or fluvial depositional settings. Although fossiliferous sedimentary rocks do occur in the Phase 1 portion of the Carlsbad Oaks North project site, such deposits are absent from Phase 3. In summary, because of the occurrence of unfossiliferous plutonic igneous rocks on the project site, it is clear that construction activities will not produce any impacts to significant paleontological resources. Consequently, there is no need to implement a paleontological resource mitigation program. If you have any questions or concerns, please feel free to call me at (619) 255-0232 or email (tdemere@sdnhm.orgV Sincerely, //Icwafc /\ . «yUvs£^ Thomas A. Demere, Ph.D. Director, Department of PaleoServices cc: Mr. Raul Guzman, TechBilt Construction Company Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org environmental planning, inc.f E ECEIVED NOV 9 2006 CITY OF CARLSBADNG1NEEKING DEPARTMENTCM&I DIVISION date: to: organization: from: subject: job number: message: NOTICE OF TRANSMITTAL November 8, 2006 Jeanette Baker U.S. Army Corps of Engineers 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 Alison Varner Mitigation Compliance Report for the Carlsbad Oaks North On- site Mitigation Area (No. 200200641-JMB) CON-01 Enclosed is one copy of the Mitigation Compliance Report for the Carlsbad Oaks North wetland restoration area. Please contact Barry Jones or myself if you have any questions or comments. Thank you. Grant Clavier City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 >l Vousxss. v\N ^-s. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91941-4646 e-mail: A lisonvffluhelixepi. com phone: (619) 462-1515 fax (619) 462-0552 web: www. helixepi. com SENT NOV 1 4 2006 CITY OF CARLSBADENGINEERING DEPARTMENT CMSI DIVISION environmental planning, inc NOTICE OF TRANSMITTAL COpy(COTlt): Raul Guzman Techbilt Companies PO Box 80036 San Diego, CA 92110 Christopher Means San Diego Regional Water Quality Control Board 9174 Sky Park Court, Suite 100 San Diego, CA 92123-4340 Tamara Spear Streambed Alteration Program California Department of Fish and Game 4949 View Ridge Avenue San Diego, CA 92123 Pete Tomsovic RECON 1927 Fifth Avenue San Diego, CA 92101 Laura White U.S. Fish & Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92011 7^78 El Cajon Blvd., Suite 200 La Mesa, CA 91941-4646 e-mail: A lisonv(&helixepi. com phone: (619) 462-1515 fax (619) 462-0552 web: www. helixepi. com ---C. 757tf El dtjon Boulevard. Suite 200 Li Mesa, CA 91941 pbone (61')) -162-1515 Inland Empire Office pbonf(')5 1)328-1 700 November 6, 2006 CON-01 Ms. Jeanette Baker U.S. Army Corps of Engineers 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 Subject: Mitigation Compliance Report for the Carlsbad Oaks North On- site Mitigation Area (No. 200200641-JMB) Dear Ms. Baker: This letter addresses Special Conditions 16 and 19 of the U.S. Army Corps of Engineers (Corps) permit for the Carlsbad Oaks North project and notifies the Corps of the completion of installation and the start of the five-year maintenance and monitoring period for the onsite mitigation portion of this project. Per these Special Conditions, this report: (1) Summarizes the mitigation implementation to document compliance with the terms and conditions of the permit; (2) Discusses any changes from the final construction documents that were made during project implementation; and (3) Documents that a project biologist was onsite during all phases of mitigation implementation to ensure compliance with the requirements of the permit. In addition, this letter addresses project compliance with the U.S. Fish and Wildlife Service (USFWS) Biological Opinion (Log No. 1-6-0l-F-2874). PROJECT LOCATION The approximately 4.3-acre Carlsbad Oaks North mitigation area is located in northwestern San Diego County, in the City of Carlsbad (City), just northeast of El Camino Real and Palomar Airport Road (Figures 1 and 2). The mitigation area is contained within the onsite open space in the southeastern corner of the project site (Figure 3). environmental plannino. inc. Ms. Jeanette Baker Page 2 November 6,2006 REQUIRED MITIGATION Wetland Mitigation Corps mitigation requirements for the Carlsbad Oaks North project include the creation of not less than 2.7 acres of wetland habitat; the enhancement of 6 acres of wetland habitat; and the enhancement of 6 acres of riparian fringe habitat in accordance with the project's Conceptual Mitigation Plan1. Upland Buffer In addition to wetland mitigation, the mitigation plan requires the revegetation of the slope of excavated material with native sage scrub habitat to create a buffer along the eastern edge of the mitigation area. This includes the creation of 1.24 acres of coastal sage scrub habitat and does not count toward mitigation for the project. INSTALLED MITIGATION Wetland Mitigation A total of 3.06 acres of wetland habitat was created, consisting of 1.43 acres of southern willow scrub, 1.02 acres of cismontane alkali marsh, and 0.61 acre of freshwater marsh. This exceeded the 2.7 acres required to meet mitigation for the project. Installation Schedule Installation of the wetland mitigation area took place from May through October 2006. A HELIX biologist inspected the mitigation area several times during site construction. To help protect sensitive habitat, a project biologist was present during grading along the edges of existing native habitat. The installation schedule is summarized in Table 1. 1 Merkel & Associates, Inc. 2004. Conceptual Mitigation Plan - Faraday Avenue Extension, South Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business Park. May. Ito.environmental U Ms. Jeanette Baker November 6,2006 Page3 TABLE 1 Summary of Installation at the Carlsbad Oaks North Wetland Mitigation Area Task Grading Irrigation installation Original Planting Original Seeding Completion Date May 2006 June 2006 August 2006 October 6, 2006 The mitigation area was originally excavated in early 2006. It was determined after the initial excavation that the wetland portion of the site would not allow for the required acreage of wetland habitat restoration. The site was then regraded in spring 2006 to increase the acreage of wetland habitat and lower the elevation of the adjacent coastal sage scrub buffer slope. The additional excavated material was hauled to the Carlsbad Oaks North project site and used as fill dirt. During the grading of the mitigation area, it also was determined by a HELIX biologist that the soil in the wetland area was comprised of a large amount of clay that would potentially preclude the establishment of target wetland plant species adapted to more sandy soils. The wetland area was over excavated by approximately two feet and native DG soil (from the project site) was mixed into the bottom of the wetland area to increase drainage within the wetland area. It is anticipated that the wetland plants species will better establish in the DG soil than clay soil. Grading of the site concluded in May 2006. The maintenance contractor for the wetland mitigation area is RECON. RECON installed the temporary irrigation for the southern willow scrub area and coastal sage scrub buffer slope in June 2006. It is proposed that the site will be irrigated until the end of Year 3. Container stock was installed by RECON in the southern willow scrub area in August 2006. The freshwater marsh, cismontane alkali marsh, and coastal sage scrub areas were hydroseeded by Hydrosprout in October 2006. Representative photographs of the site after installation was completed are included as Appendix A (Figure 3). The container stock and seed mixture list used within the wetland mitigation area is attached as Appendix B. AS-BUILT CONDITIONS The Carlsbad Oaks North on-site mitigation area was installed per the original construction documents except for the grading back of the CSS buffer slope to allow all of the wetland planting to occur at low elevation and not on the slope. milcnimonment Letttiflfe Ms. Jeanette Baker ^B Page 4 November 6,2006 START OF THE 5-YEAR MONITORING PERIOD The five-year maintenance and monitoring period was initiated on October 6, 2006 when the installation was complete. The five-year maintenance and monitoring period will conclude in October 2011. During the five-year period, maintenance and monitoring will be conducted as specified in the Conceptual Mitigation Plan1. ANNUAL AND MAINTENANCE MONITORING The Corps permit for the Carlsbad Oaks North project requires that annual reports be submitted to the Corps (cc: USFWS) for the duration of the five-year maintenance and monitoring period. Annual monitoring to evaluate restoration success will be scheduled for the end of summer (September) each year, which coincides with the end of the growing season for most wetland species. The first annual assessment of the on-site mitigation area will be conducted in September 2007. Each annual report will include a complete list of species for each created habitat type, photographic documentation, a summary of qualitative site observations and the restoration effort's success, and remedial recommendations, if necessary. In addition, quantitative measurements (using line transects) of native and non- native cover will be collected in the created habitats in Years 3 through 5. The success milestones for the quantitative analysis of these habitats will be based on preset thresholds outlined in the mitigation plan1. In addition to annual reports, the mitigation plan requires regular maintenance monitoring. The monitoring schedule is outlined in the mitigation plan. Maintenance monitoring memos will be sent to the client and the maintenance contractor, as necessary, following site inspections. Memos also will be included in the annual reports as an appendix. NOTIFICATION OF COMPLETION Techbilt, the responsible party, shall notify the Corps, CDFG, RWQCB, and the City of completion of the mitigation effort through the submittal of the fifth annual report. FINAL ACCEPTANCE The mitigation area will be signed off by the appropriate regulatory agencies upon meeting the final success criteria and any outstanding bonds will be released at that time. If the success criteria are not being met on site, the regulatory agencies will work with Techbilt towards an alternative, mutually acceptable solution. il ''H"i™i' Lettidfe Ms. Jeanette Baker ^Q Page 5 November 6,2006 Please contact me if you have any questions regarding the initiation of the 5-year monitoring of this restoration effort. Sincerely, Alison Varner Biologist Attachments: Figure 1 Regional Location Map Figure 2 Project Vicinity Map Figure 3 Wetland Mitigation Area cc: Grant Clavier, City of Carlsbad Raul Guzman, Techbilt Barry Jones, HELIX Environmental Planning, Inc. Christopher Means, CA Regional Water Quality Control Board Tamara Spear, California Department of Fish and Game Pete Tomsovic, RECON Laura White, U.S. Fish and Wildlife Service I RIVERSIDE I _ 99.YMY ! SAN DIEGO COUNTY Vail Lake* i Warner Springs Camp Pendleton Lake Henshaw ruceanside . Lake Wohlford Escondido Lake San Marcos SutherlandReservoir SLake Ran,Ramona Lake Poway Poway iramar Reservoir SanViceme Santee ]Lake Jennings \Santee i£/ Capitan Reservoir Lake Murray 4- National San DiegoV^ ^m > UNITEDSTATES _ ^^ A- MEXICO Tijuana Regional Location Map CARLSBAD OAKS NORTH PROJECT Figure 1 2,000 1,000 0 Job No: CON-01 Date: 11/23/04-JP Source: USGS 7.5' Quads; San Luis Key, San Marcos, Encinitas, and Rancho Santa Fe I:\ArcGlS^C\CON-01 CarisbadOaks\Map\Fig2.mxd HELIX Project Location Map CARLSBAD OAKS NORTH PROJECT Figure 2 LEGEND Project Boundary Photo Locations Vegetation mism^' . v ' GAM I *••*.«&**• • ...'.• T C§S te'--f»*S^;S«;T'!,•.•-- ;<fe '^.rtjaiiftate-'',. .-.. . 3W§ -' *. tt)*''^ 1l*8, ^ * *.s^ ^ *<* - *«-^ JV *-l 5-,s ^% N 100 50 100 IFeet Job No: CON-01 Date: 11/03/06 I:\ArcGIS\OCON-01 CarlsbadOaks\Map\Wolan<)_Miiigaaon_Easi_l]0306jiKil-NJ HELIX » ^ *-jp-^T L-f * rfc- > ^ Wetland Mitigation Area CARLSBAD OAKS NORTH Figure 3 Photo Station 1. Looking northeast across southern freshwater marsh area. Photo Station 2. Looking southeast across northern freshwater marsh area. HELIX Site Photos CARLSBAD OAKS NORTH WETLAND RESTORATION SITE Appendix A Photo Station 5. Looking north across southern willow scrub area. Photo Station 6. Looking south across southern willow scrub area. HELIX Site Photos CARLSBAD OAKS NORTH WETLAND RESTORATION SITE Appendix A o> w <O £ x+j co -oO ^ c^ 6 ®•F o Q. Appendix B ORIGINAL CONTAINER STOCK AND SEED INSTALLATION CARLSBAD OAKS NORTH WETLAND MITIGATION SITE SOUTHERN WILLOW SCRUB PLANT PALETTE CONTAINER STOCK Scientific Name Artemisia douglasiana Baccharis salicifolia Pluchea odorata Populus fremontii Rosa californica Salix exigiia Salix gooddin&i Salix lasiolepis Sambucm mexicana Vitis girdiana Common Name Douglas mugwort mule fat salt marsh fleabane cottonwood California rose narrow-leaved willow Goodding's black willow arroyo willow blue elderberry desert wild grape TOTAL # of Plants 300 512 75 102 557 221 340 1,102 50 508 3,767 FRESHWATER MARSH SEED MIXTURE Scientific Name Artemisia dou^lasiana Distichlis spicata Iva hayesiana Juncus acutus Pluchea odorata Scirpus robustus Typba latifolia Common Name Douglas mugwort saltgrass San Diego marsh elder Southwestern spiny rush salt marsh fleabane prairie bulrush broad-leaved cattail TOTAL LBS. Lbs. for Project 0.37 0.19 0.74 0.15 0.19 0.74 0.74 3.12 B-l Appendix B (cont.) ORIGINAL CONTAINER STOCK AND SEED INSTALLATION CARLSBAD OAKS NORTH WETLAND MITIGATION SITE CISMONTANE ALKALI MARSH SEED MIXTURE Scientific Name Artemisia douglasiana Distichlis spicata Iva hayesiana Juncus acutus Pluchea odorata Scirpus robustus Common Name Douglas mugwort saltgrass San Diego marsh elder Southwestern spiny rush salt marsh fleabane prairie bulrush TOTAL LBS. Lbs. for Project 0.57 0.28 1.13 2.26 0.28 1.13 5.65 DIEGAN COASTAL SAGE SCRUB SEED MIXTURE Scientific Name Artemisia californica Atriplex canescens Baccharis sarathroides Eriogonum fasciculatum Escbscholzia californica Isocoma menziesii Isomeris arborea Lotus scoparius Lupinus succulentus Mimulus aurantiacus Phacelia ramosissima Rhamnus crocea Salvia apiana Salvia columbariae Salvia mellifera Yucca schidigera Common Name California sagebrush shad scale broom baccharis California buckwheat California poppy San Diego goldenbush bladderpod deerweed arroyo lupine monkey flower branching phacelia spiny redberry white sage chia black sage Mohave yucca TOTAL LBS. Lbs. for Project 4.96 3.72 2.48 8.68 2.48 2.48 4.96 7.44 3-72 2.48 1.24 2.48 4.96 1.24 2.48 2.48 58.28 B-2 SAN DIEGO NATURAL HISTORY MUSEUM - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 30 October 2006 Mr. Raul Guzman Tech Bilt Constriction 3575 Kenyon Street San Diego, CA 92110 RE: Paleontological mitigation; Carlsbad Oaks North, Phase 2 Dear Raul: It is my understanding that the City of Carlsbad has placed a general requirement for paleontological resource mitigation on your Carlsbad Oaks North project. However, the Phase 2 portion of the project has existing conditions that make paleontological mitigation unnecessary. After reviewing the detailed geotechnical report prepared for this project by Geocon Incorporated (October 21, 2004) it is clear that the site is underlain by unfossiliferous plutonic igneous rocks. Paleontological resources (i.e., fossils) are preserved in layered sedimentary rocks that accumulated! in ancient marine, estuarine, lacustrine, aeolian, and/or fluvial depositional settings. Although fossiliferous sedimentary rocks do occur in the Phase 1 portion of the Carlsbad Oaks North project site, such deposits are absent from Phase 2. In summary, because of the occurrence of unfossiliferous plutonic igneous rocks on the project site, it is clear that construction activities will not produce any impacts to significant paleontological resources. Consequently, there is no need to implement a paleontological resource mitigation program. If you have any questions or concerns, please feel free to call me at (619) 255-023-2 or email (tdemere@sdnhm.org). Sincerely^ -"^W Thomas A. Demere, Ph.D. Curator, Department of Paleontology Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org f SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 5 September 2006 Mr. Ted Tchang TechBilt Companies 3575 Kenyon Street San Diego, CA 92110 RE: Paleontological Mitigation; Carlsbad Oaks North, Phase 2 (Project No. C.T. 97-13) Dear Mr. Tchang: This letter is to confirm that the Department of PaleoServices at the San Diego Natural History Museum (SDNHM) has been retained by Techbilt Companies to provide paleontological mitigation services during the mass grading phase of development at the Carlsbad Oaks North, Phase 2 project site. The Museum is run and operated by the San Diego Society of Natural History, which is a private non-profit scientific organization incorporated in 1874. Our proposed scope of work includes the following tasks: 1. attend any pre-construction meetings; monitor the grading operations and inspect cuts for unearthed fossil remains; salvage remains as they are uncovered; screenwash selected sites (if discovered) for recovery of small fossil remains; 2. 3. 4. 5. 6. 7. 8. 9. document the stratigraphic and geologic context of salvaged fossil remains; remove fossils from the project site; clean, repair, land sort salvaged fossils for eventual donation to the SDNHM; identify and cjatalog prepared fossil remains; prepare a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. Please feel free to call me if you have any questions concerning our scope of work. Sincerely yours, Thomas A. Demere, Director, Department >h.D. of PaleoServices Post Office Box 121390 San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org Brian F. Smith & Associates Archaeological/Historical/Paleontological/Biological/Consulting August 22, 2006 Ted Tchang Tech Construction Corporation 3575 Kenyon Street San Diego, California 92110 RE: Archaeological Monitoring at Carlsbad Oaks North, Phase 2 Grading Dear Ted: As requested, I have prepared the following budget estimate for the archaeological monitoring at Carlsbad Oaks Norjth. Because of the area of this phase of grading, paleontological monitoring should not be needed, unless fossils are actually identified. Our current contract can stay in effect, and the hourly rates used previously will remain in effect for the remainder of the monitoring program. Based on the estimate of 50 days of grading, the monitoring program will require approximately 400 hours of monitoring. This estimate is based on an average of eight hours of monitoring a day, depending upon the grading plan of the contractor. The monitoring for archaeology will focus upon the first six feet of soil throughout the area to be graded. Monitoring below that level will not be required unless fossils are discovered. The monitoring archaeologist will be responsible to determine where monitoring is needed and when it can be suspended. Using an estimate 6f 400 hours for monitoring, the budget for monitoring of the balance of grading at Carlsbad Oaks North will be $16,800.00, using a rate of $42.00 per hour. This budget will change in the event that grading requires more time than estimated or should fossils be encountered, whichi would necessitate the expansion of monitoring for paleontological resources. In the event that resources are discovered, archaeological investigations will be required. The cost for any archaeological investigations necessitated by the discovery of deposits or artifacts will be determined after the discovery is assessed. A proposal for a focused study on any sites discovered will be provided at the time of discovery. Very truly yours, Brian F. Smith BFS:ks 14010 Poway Road, Suite A, Poway, California 92064; Phone (858) 679-8218 or (951) 681-9950; Fax (858)679-9896; vrww.bfiBa-ca.cQm 01/P4/2J05 17:47 FAX 76043159 US FISH AND WILDLIFE 81002 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92009 In Reply Refer To: FWS-SDG-2874.8 Colonel Alex Domstauder . g.^ District Engineer *"™ 4 2000 U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Field Office 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 Attn: Jeannette Baker, San Diego Office Re: Amendment to Biological Opinion on the Carlsbad Oaks North Specific Plan (Corps File No. 200200641-RJL, FWS Log No. 1-6-01-F-2874), City of Carlsbad, San Diego County, California Dear Colonel Domstauder: The U.S. Fish and Wildlife Service (Service) received the U.S. Army Corps of Engineers (Corps) January 3,2005, electronic mail request for an amendment to the above-referenced biological opinion for the Carlsbad Oaks Norm Project We issued the biological opinion on December 4, 2003. This letter amends the biological opinion in response to the Corps' request, and incorporates additional project changes discussed in Helix Environmental Planning, Inc.'s (Helix) January 3, 2005, letter to the Corps and Service. The amendment to the biological opinion is needed to address changes to the coastal sage scrub restoration measures and the approval timeframes related to the long term management plan, the property analysis record (PAR), and recordation of biological conservation easements (easements). The original biological opinion's conservation measures and terms and conditions required Service concurrence on a long term management plan, PAR, and easements to be recorded prior to the City's issuance of a grading permit. The Service has agreed to amend the biological opinion to not require Service concurrence on a long term management plan, PAR and recordation of easements prior to the issuance of grading permit. In exchange, the project applicant will implement a more rigorous maintenance and monitoring plan for the 20.9-acre coastal sage scrub restoration on site that includes success criteria. The Service notes that although they are more rigorous than previously required by the biological opinion, the new requirements are less stringent than those typically required for similar projects. As stipulated by the project applicant, the amendments given below will be in effect only if clearing activities are initiated before Service concurrence with the long term management plan, PAR, and recordation of easements. TAKE 01/(?4/2S05 17:47 FAX 7604315 US FISH AND WILDLIFE W ®003 Colonel Domstauder (FWS-2874.8) 2 To address these project changes, the Service hereby amends biological opinion number 1-6-01- F-2874 as follows: 1. Conservation Measure 1 is hereby amended to read: "Approximately 219.5 acres of wildlife habitat will be preserved on-site in perpetuity (Figure 1). Prior to ioouonoe of a grading permit, The applicant will ensure that long-term conservation of the on- and off- site preservation areas will occur through biological conservation easements. The biological conservation easements will be granted to the City, with the Service and the Department as third-party beneficiaries, to ensure that the management of the biological resources is implemented. Also prior to issuance of a grading permit; The applicant will identify an appropriate natural lands management organization (subject to Service concurrence) to ensure conservation of biological resources on the on-site preserved habitat in perpetuity. The conservation organization will prepare a management plan, outlining actions that will be taken to manage biological resources on-site. A Property Analysis Record (PAR) or similar analysis will be used to estimate initial start-up costs, and ongoing annual cost, of management activities outlined in the plan. A financial mechanism (e.g., a non-wasting endowment) will be established by the applicant to ensure that the funding is available to implement the management plan. The applicant will provide a draft long-term management plan. PAR, and biological conservation easements to the Service for approval by February 28. 2005. The applicant will provided responses within 30 days of receiving Service comments on these documents, and finalize the documents fincludinp recordation of the easements) within 30 days of receiving the Service's final comments. 2. Conservation Measure 6 is hereby amended to read: "The areas of non-native grassland on the slopes on the south side of the Specific Plan Area contain approximately 20.9 acres suitable for revegetation. These suitable areas will be re vegetated with coastal sage scrub. Vegetative debris and the first six inches of topsoil (duff) will be collected from areas of coastal sage scrub that will be impacted by development on Carlsbad Oaks North. This collected material will be distributed on the revegetation areas. Duff application areas will be disced prior to application, and the duff will be spread over the revegetation area to a depth of approximately three inches, or as appropriate based on best available technology, and subject to approval by the Service. Application of duff is expected to accelerate the development of native vegetation on these areas. A revegetation plan, including site preparation, supplemental planting and/or seeding, irrigation specifications, and weed control measures, will be prepared, for review and concurrence by the Service. Revegetation plan activities will include, at minimum, monthly weeding November-May, and weeding as appropriate (when growth is stimulated by unseasonable conditions, or when previously missed wseds remain during summer months) June - October for die first 3 years, and quarterly for an additional 2 years. The weeding program will include an aggressive effort to remove species which would delay coastal sage scrub development (e.g., fennel [Foeniculum vulgare], artichoke thistle [Cynara cardunculus], barley [Hordeum spp.], mustard [Brassica nigra}, star- 01/^4/2005 17:48 FAX 760431^BI US FISH AND WILDLIFE W @004 Colonel Domstauder (FWS-2874.8) 3 thistle [Centaurea spp.], pampas grass, or dense grass cover). If the Service does not submit comments on the plan within 60 days of receipt thereof, the plan will be implemented as written. The restoration plan will include a qualitative monitoring assessment and success criteria component The qualitative monitoring would be conducted through visual assessments of the restoration site at 10 randomly selected locations on site. Within a 10- by 10-meter quadrat, qualitative visual assessments shall be made for percentage cover of the following: (1) native vegetation: (2) native shrub cover: (3) native herbaceous cover, and (4) non-native vegetation. Assessments shall be conducted in Years 3. 4, and 5. The following success criteria shall apply: Total Native Cover Native Shrub Cover Native Herbaceous Cover Total Non-native Cover Year 3 Year 4 Year 5 30% 35% 40% 25% 30% 35% 10% 15% 20% 15% 12% 10% No perennial weedy species on the Cal-IPC list of noxious weeds shall be allowed within the restoration area at the completion of Year 5. An annual report, including photographic documentation of the entire restoration area and the 10 monitoring sites, will be prepared and submitted to the Service by December 1 of each year for a minimum of five years. If success criteria are not met, the Service shall work with the applicant in determining appropriate remedial measures for achieving success criteria." 3. Term and Condition l(c) is hereby by amended to read, "Conservation measure 3(e) shall be modified such that tho natural lands management organization, management plan, and PAR analyois shall bo subject to Service approval prior to issuance of a grading permit a grading permit may be issued prior to Service approval of the natural lands management organization, management plan, and PAR analysis."' 4. Term and Condition 2(a) is hereby amended to read, "Conservation measure 3 shall be modified such that conservation of tho 6(1.95 acreo of wildlife habitat to be conserve off site will occur prior to issuance of a grading permit by the City, a grading permit may be issued prior to conservation of the 64.95 acres of wildlife habitat to be conserved off- site." . i 5. Term and Condition 2(b) is hereby amended to read, "Conservation measure 6 shall be modified such that Service concurrence with tho revogstation plan shall be required PHOF to issuance of tho a grading permit, without limitation on tho time period allowed for Servico oonougeaee a grading permit may be issued prior to Service concurrence with the revegetation plan." 01/34/i.OQ5 17:48 FAI 7604315!US FISH AND WILDLIFE ilOOS Colonel Dornstauder (FWS-2874.8) : 4 The amendments given above do not affect our conclusion, our assessment of the number of gnatcatchers taken. All other portions of the biological opinion remain unchanged. If the project applicant does not initiate clearirig prior to finalizing the long term management plan and PAR, and recording the conservation easements, amendments given above will be voided and the conservation measures and terms and conditions of the December 3, 2003, biological opinion will remain in effect. ' I If you have any questions regarding this amendment, or the consultation in general, please contact Kurt Roblek of my staff at (760) 431-9440. Sincerely, Th&ese < Assistant field Supervisor 01/07/05 FK1 15:00 FAA 858 560 7779 2/3 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX £32711 COS ANGELES, CALIFORNIA 900S3-Z32S January 6, 2005 ATTENTION OF. Office of the Regulatory Branch City Of Carlsbad Attn: Marshall 1635 Faraday Ave. , California 92008 Tech Built Construction Attention: Ted Tchang 3575 JCenyon Street San Diego, California 92110 Dear Messieurs Plantz and Tchang: Reference is made to a request by your consultant Barry Jones dated January 3, 2005 to amend Permit Mo. 200200641-JMB which authorized you to impact 2.70 acres of jurisdictional wetlands and waters of the U.S, in Carlsbad, San Diego County, California, The work includes the following: 1) Faraday Avemte Extension ivoujd consist of two separate crossings. The first crossing of Faraday Avenue would impact 1.83 acres of Corps jurisdiction and consist of an approximately 200-foot wide by 400-foot long fill slope road crossing that tapers off from the central portion of the drainage. It would include an approximarely S-foot High box-type hydraulic culvert and a lip-foot long by 12-foot high by 24-foot wide squashed pipe wildlife crossing culvert (Figure 3d). The second crossing of Faraday Avenue would impact 0.4 acre of Corps jurisdiction and consist of a 280-foot wide by 60-foot long road crossing With three-foot diameter or greater hydraulic culvert and a, 178-foot long by eight-foot diameter wildlife crossing culvert (Figure 3b)- An additional 0.1 acre of impact would occur aa a result of the El Fuerte Road extension and consists of a IQ-foot wid«j by 440-foot long impact associated with fill slopes to support the roadway (Figure 3d). 2) The South Agua Hedionda Sewer extension would be contained entirely with paved roads mentioned above. 3) A regional stormwater detention basin on South Agua Hedionda Cre«k would occur upstream of the first Faraday Avenue road crossing with berm construction impact occurring as part of the rpad crossing described above (Figure 3d). No additional work within Corps jurisdiction is allowed for the creation of the basin. 4) The Carlsbad Oaks North Business Park would consist o( 0.37 acre of impact (0,36 acre of non-wetland waters, Figures 2 and 3a-e) that are widely distributed across the business park site, in all, project impacts will result in the loss of 1 .4 acres of southern Willow scrub, 0.4 acre of freshwatet marsh, 0.4 acre of cismontane alkali marsh, O.J acre of disturbed wetland, and 0.4 acre of non-wetland Waters of the U.S. 01/07/05 FK1 15:00 KAA 858 5BO 7779 ^ "^/"^j^lJlflili^^^ 213 452 4196; 01/C^p5 4:58PM;/elBa4_f725;Page 3/3 -2- This amendment modifies special Condition ill to reflect the amendment to the Biological Opinion for the project received on January 4, 2005 (enclosed). 1. To minimize impacts to and avoid take of the federally endangered/threatened California coastal gnatcatcher (Polioptila califomica call/arnica), the Permittee shall implement the conservation measures 1-24 described on pages 10-15 pf the U.S. Fish and Wildlife Service (FWS) final Biological Opinion (1-6-01-F-2874) dated December 4, 2003 and amended on January 4, 2005 which were included in the project design submitted as part of the permit application for the project. The terms and conditions of Permit No. 200200641 -JMfc, except as changed herein, remain in full force and effect. Please note that a copy of this letter is being forwarded to Field Supervisor, Ecological Services Field Office, U.S. Fish and Wildlife Service, 601D Hidden Valley Road, Carlsbad, California 92009; U.S. Environmental Protection Agency. Attn: Mr. Tim Vendlinski, Supervisor., Wetlands Regulatory Office (WTR-8), 75 Hawthorne Street, San Francisco, California 94105; California Department of Fish and Game, Attn: Charles Raysbrook, 4949 View Ridge Ave., San Diego, California 92123. California Regional Water Quality Control Board, Region 9,, San Diego, Attn: Mr. Michael McCann, Manager, Watershed Stanch, 9174 Sky Park Court, Suite 100, San Diego, California 92123 Sincerely, David J. Cast anon Acting Chief, Regulatory Branch Enclosure 85« 5«« 7779 US Army Corps of Engineers® Comments: LOS ANGELES DISTRICT Regulatory Branch San Diego Field Office 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 Fax (858) 674-5388 FACSIMILE TRANSMIT!AL Date: M11 oM From: (858) 674L V"jeannette Baker (x5385) TO: kgl-H") jkLL-vkXA KkriColer., (x6783) FAX#: £5 %T 61^0777^ Terry Dean. (x5386) /•% Hi Stacey Jensen. ....(x764fl) Filefr. c9-QO.9-QOtelj | Crystal Knight (x5387) Laurie Monarres ._ . .Robert Smith... .^.,... Signature: V^Jf J3LPJf\jL%llL* ^-PagG to follow Should you. Have any questions or difficulty in receiving all pages, please contact our office either directly to fae persons above or the main office number at (858) 674-5387. ' 07/27/04 TUB 10:48 FAX 858 56^7779 US Army Corps of Engineers^ LOS 'ANGELES DISTRICT rjT Bftnch San Diego FfeM Office 168S? Westascnardo Drive, .5i;ite-300A : Sjus Djego," California 92127 . Fax (S5S) 674-53SS • •' . FACSIMILE TRANSMITTAL " TO- From: (S5S) 674-(x53S5) • Shannon Bryant Kari Coler Terr Rob _.Co3S6) _(x3384) COTTV rnen tf: 5o T CT-. a fr> rff- I, ^ (QJ>\ KgZtj, n/[ ^fnjTa^ ' _ ...liLP^ge t< Should, you u/ve ar.y quesiiot:? cr Ji/ricuJly til receiving all pages, pless« rontsa cur office directly to' "d'\e p-?r50as above or the aiditt ciffe numbs* at (S5>8) o7^53S7j. e to folow 07/27/04 TUB 10:48 FAX 858 58^7779 A 1^)003"=™ Baker, Jeannette M SPL From: Gill, John A SPL Sent: Monday. July 12, 2004 11;41 AM To: Baker. Jeannette M SPL; Durham, Mark SPL; Pomeroy, Douglas R SPD; Kennedy, Nedeniac SPL Subject: FW; New Public Notice-Carlsbad Oaks North(GEN4) Team Members: I have reviewed the public notice for the proposed project known as, "Carlsbad Oaka North." I agree with your preliminary determination that an environmental impact statement is not required. Thank your for requesting my review. John Gill (909) 794-7704 . U^ ' . _ (] ^^-rf?^^^*^- •—yig, JU^~<^1 s^vr^ • — Original Message- — ' I I From: Regulatory SPL SPL v Sent: Monday, July 12, 2o04 10:33 AM Subject: New Public Notice-Carlsbad Oaks North(GEN4) United States Army Corps of Engineers Los Angeles District Regulatory Branch The following public notice can be viewed on the link provided below: http://vwww.spl.usace.army.mil/regulatory/pn/200200641.pdf Project: Carlsbad Oaks North Watarbody: tributaries to Aqua Hedionada Lagoon City: Carlsbad County: San Diego Comment Period: July 12, 2004- July 26, 2004 FNe Number: 200200641 -JMB To contact the Los Angeles District Regulatory Branch concerning this project, please call Ms Jeannette Baker at (853)574-5385 or email at Jeannette.M.Baker@usace.anny.mil 07/27/04 TUB 10:49 FAX 858 5fi^7779 ^^ 1^1004 RECEIVED JUL 1 9 ZCM REGULATORY BRANCH SAN DIEGO FIELD OFFICE Count? of DEPARTMENT OF PUBLIC WORKS JOHN L. SNYDEH DIRECTOR 5555 OVERLAND AVE, SAN DIBOQ, CALIFORNIA 92123-1285 (B5B) B94-2212 FAX: (8E8) W»b Sll«: 0dcdpw.org July 15,2004 Jeannette M. Baker U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Reid Office Attn: CESPL-CO 200200641-RJL 16385 W. Bernardo Drive, Suite 300-A San Diego, CA 92127 Dear Ms. Baker APPLICATION #200200641-RJL FARADAY EXTENSION PROJECT The County of San Diego owns the property adjacent to and west of Carlsbad Oaks North, We have been working with the owner of Carlsbad Oaks North and also the City of Carlsbad for some time and are In support of what is proposed. We also support the change in the project description to remove the South Agua Hedionda cross-country sewer extension across a portion of our property and place it into the alignment of proposed Faraday Avenue (also across our property). This sewer facility relocation from a sensitive habitat area into the alignment of Faraday is a change we have supported prior to the public notice of December 12, 2002, through January 11, 2003. Public Works Wastewater Management section's comments in part include the following: "The County will be granting the City of Carlsbad an easement for public street and public utility purposes for the purpose of installing and maintaining the new sewer line. The City of Carlsbad/Vista Sanitation District will therefore, assume all responsibility for the construction and maintenance of the proposed sewer interceptor. As such, DPW Wastewater Management has no objections to the project." Kids - The Environment * Safe and Livable Communities 07/27/04 TUB 10:49 FAX 858 58^7779 A «,„„, ^°05 58^ Owners' Association, Inc. 5200 El Camlno Real, Carlsbad, California 92008 Phone: (760) 438-0333 Fax: (760) 438-1 BOB RECEIVED JUL 1 9 2004 July 9, 2004 PIEGO FIELD OFFICE U. S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Field Office ATTN: CESPL-CO-200200641-RJL 16885 W. Bernardo Drive, Suite 300-A San Diego, CA 92127 Re: Public Notice/Application No.: 200200641-RJL Carlsbad Oaks North Dear Sirs: We are a Senior Community of 504 homes and over 800 residents located approximately one mile northwest of the proposed Carlsbad Oaks North planned project and downstream of that project. The south Agua Hedionda Creek flows through our community. Based on the City's flood maps, well over 100 of our homes are in the 100 year flood zone. The City of Carlsbad's Flood Plan to remove our homes from the Flood Plain includes the Regional Storm Water Detention Basin that is part of the captioned project. We need this basin constructed as soon as practical. Every rainy season we have to hope we do not have a major rain storm that would cause a serious flooding problem for us. We would urge that you approve this development so that construction can get underway. Very truly yours, Russ Kohl, President Bill Arnold, Vice President Rancho Carlsbad Homeowner's Association 07/27/04 TUB 10:49 FAX 858 5^^7779 ^^ l£]006 Baker, Jeannette M SPL From: goldmann.elizabeth@epamail.epa.gov Sent: Monday, July 26, 2004 4:52 PM To: Baker, Jeannette M SPL Subject; Re: PN 200200641 Hi J'aannatc« I am providing you with a "no comment" on PN 200200641, City of Carlsbad and Tachbilt Construction Corp, SD, CA, ^*. MI00707/27/04 TUB 10:49 FAX 858 50^7779 A 07/25/2Q13 oi:13 FAX .-..^^^ LHW UHF EVERETT DELA!^ @| 002/004 l^i w OFFICES OF EVERETT L, DELANO III 220 W. Grant? Avenue Escondldo, California 32025 (760) 5104562 (760)510-1565 (fax) VIA FACSIMILE & U.S. MAIL U.S. Army Corps of Engineers Regulatory Branch - San Diego Field Office 16885 W. Bernardo Drive, Suite 300-A San Diego, CA 92 127 u Jeanette Baker Re: Public Notice/Application No. .200.2006^1 -1MB Dear U.S. Army Corps: This letter is submitted on behalf of Preserve Calavera to provide comments concerning the Corps's public notice regarding the Faraday Avenue Extension project, the South Agua Hedionda Sewer extension, a regional storrflwater detention basin on South Agua Hedionda Creek, and the Carlsbad Oaks North Business Park (collectively the "Project"). I. Introduction In letters dated January IB, 2003 and March 31, 2004, this office provided comments regarding the Project and anvjjonmental analysis. As the comments stated, the Corps should prepare its own Environmental Impact Statement ("EIS") for tu-o reasons: (1) because the Project's Environmental Impact Report ("BTJR.") is insufficient to rrjeet tho requirements of NEPfr, and (2) because an HS is necessary to address the additional requirements for this permit set faith by the 404(b)(l) Guidelines, 40 C.F.R. § 230, and the Corps's public interest determination, 33 C.F.R. § 320.4, Furthermore, the Alternatives Analysis fails to fulfill NEPA's requirements or the Corps's obligations to find the Least Environmental Damaging Practicable Alternative (or "LEDPA"). See 40 CF.R. § Z30.10(a). The recent public notice does not indicate that changes have been made to any of the existing environmental analysis. Rather, the notice indicates that one aspect of the Project was not previously disclosed. II. Direct Project Impacts NEPA requires a "hard look" at the direct, indirect and cumulative impacts of an , action, as well as a thorough evaluation of reasonable alternatives to minimise or avoid thoee impacts. Oregon Natural Resources Council v. Marsh, 52 F.3d 1485, 1488 (9lh Cir. 1 995). The ElR docs not discuss any impacts associated with the detention .basin. 1^1008 07/27/04 TUB 10:50 FAX 358 5Mfc7_779 uflrf Uft, tv,ERETT DEL 8)003/004 Comments to U.S. Army Corps of Engineers July 26, 2004 Page 2 of 3 including construction impacts, impacts associated with the basin's footprint, and impacts associated with the flooding of water in ths area during times when the basin is retaining water. Furthermore, the EIR did not consider the impacts associated with narrow wildlife corridors proposed by the Project, For example, the Faraday Avenue West Crossing has a proposed wildlife under crossing of only eight feet in diameter. III. Cumulative Impacts/Segmentation No environmental analysis has evaluated adequately the cumulative impacts of the Project in concert with other past, present and future projects. Among other things, the EIR does not discuss adequately the City's intention to develop a master drainage system. The City's Master Drainage Plan (adopted in September of 1994 and hereby incorporated by reference) shows the Faraday Avenue detention facility as one of several facilities, "Where several foreseeable similar projects in a geographical region have a cumulative impact, they should be evaluated in a single BIS," City ofTenakee Springs v. dough, 915 F.2d 1308, 1312 (9th Cir. 1990). The EIR does not discuaa the cumulative impact of the Faraday Avenue detention facility in concert with other facilities and actions associated with the Master Drainage Plan, Indeed, the refusal to consider the impacts associated with the other facilities and actions associated with the Master Drainage Plan has lead to a segmentation of the Project. "An EIS must cover subsequent stages when The dependency is such that it would be irrational, or ai least unwise, to undertake the first phase if subsequent phases were not also undertaken." Thomas v> Peterson, 7S3 F.2d 754, 759 (9'h Cir, 1985) (quotation and citation omitted). IV. Alternatives As previously discussed, the Alternatives Analysis fails to consider an adequate range of alternatives. Among other things, the analysis should consider the use of rwo- lan«, rather than four-ilene, roads. Coalition for Canyon Preservation v. Boy>erst 632 F,2d 774, 785 (9th Cir. 1980) (requiring agency ID consider two-lane alternative to proposed four-lane roadway). The Project's traffic study notes that even in the year 2020, the Faraday Avcnuc/El Fuerte Street intersection will operate at a high level of service. Carlsbad Oaks North Traffic Study (March 29,2002), attached in Volume IT to the DEIR, at 143 . Accordingly, it is likely that a two-lane road would be Sufficient to meet Project objectives. 'Furthermore, tha alternatives analysis should consider not building the segment of Faraday Avenue. Again, die Project's traffic study showed that there was little impact if the Faraday Avenue Connection was not completed. Id. at 99 (Table 9). ^^ 1^)009 07/27/04 TUB 10:50 FAX 858 5^7779 „„,, urr cvcrtt. , , gELdiP @|004/oo4 Comments to U.S. Army Corps of Engineers July 26, 2004 Page 3 of 3 Furthermore, in discussing alternatives, the alternatives analysis rejects a. bridge alternative because the impacts Would be fairly similar to the Project. However, the analysis does not acknowledge that the impacts are associated with the location of the detention basin. The analysis assumed that the detention basin ^ould be built with use of berrning, thereby creating many of the same impacts created by the road. But the analysis should, have considered bridging the road while simultaneously considering an alternative to the bagin, such as a new location or alternative design. Additionally, the analysis should have also considered other bridge options and alternatives for other portions of the roadways. Fin&lly, the alternatives analysis failed 10 consider using an off-line detention basin. 'The existence of a viable but unexaminad alternative renders an [EIS] •inadequate." Alaska Wilderness Jtecreatton & Tourism Ass 'n v. Morrison, 67 F.3d 723, 729 (9th Cir. 1995). V. Public Hearing As previously requested and in light of the several Project inadequacies and substantial public controversy, the Corps should hold a public hearing regarding this matter. VI. Conclusion Accordingly, Preserve Calavera requests that the Corps prepare mid circulate an EIS that thoroughly evaluates the Project's impacts and possible alternatives. In addition, the Corps should require a new alternatives analysis that finds z truly environmentally superior alternative. If you have a question or need additional information, please call me. Thank you For your consideration of these comments. Sincerely, Everett DeLano, Esq. Christopher Means, California Regional Water Quality Control Board Lee Ann Carranza, U.S. Fish and Wildlife Service Marshall Plaiitz, City of Carlsbad Tamara Spear, California Depl. ofTisIi and Game 1^)010 US FISH ANP WILDLIFE ~ United States Department of the Interior HSH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish aad Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92009 In Reply Refer To: FWS-SDG-2874.7 JIM.. * 8 ?QColonel Alex Dornstauder District Engineer U.S. Army Corps of Engineers Los Angeles District P.O.Box5327H Los Angeles, California 90053-2325 Attti: Jeannette Baker, San Diego Field Office R.e: Section 404 Public Notice for the Carlsbad Oaks North Business Park (CESPL-CO- 200200641-.TMB) Dear Colonel Dornstauder; The Fish and Wildlife Service (Service) has reviewed liie above .referenced Public Notice to impact 2.7 acres of wetland or waters of the U.S. in the City of Carlsbad, California. These comments have been prepared under the authority, and in accordance with the provisions, of the Hsh and Wildlife Coordination Act (48 Slat. 401, as amended; 16 U.S.C. 661et seq.) and other authorities mandating Department of Interior concern for environmental values. The project proposes to develop the Carlsbad Oak North Business Park, which will include the extension of Faraday Avenue across AguaHedionda Creek, a regional storm-abater mention basin created by Faraday Avenue, and a new sewer interceptor. The extension of Faraday Avenue will discharge an undisclosed amount of fill to construct a berm (dam) and a culvert, which will control flood flows by creating an on-line retention basin. Although the Service evaluated tho project's effects to the coastal California gnatcarcher (Palioprila catifomica califomica; gnatcatcher) under section 7 of the Endangered Species Act, we did not evaluate proposed impacts to wetland and waters of the U.S. As proposed, the project would impact 2.7 acres of wetland/waters of the U.S. in Agua Hedionda Creek, including 1.4 acres of southern willow scrub, 04 acre of freshwater marsh, 0.4 acre of cismontane alkali marsh, 0.1 acre of disturbed wetland, and 0.4 acre of non-wefland waters of the U.S. In general, wetland and waters of the U.S. provide a suite of beneficial uses and functions that ate important in TAKE PRIDE"! 10011 US FISH AND WILDLIFE "~ifoo3 Colonel Dornstauder (FWS-SPG-2874.7) 2 maintaining wildlife habitats and watershed integrity including: maintaining habitat for a, variety of species, including birds, mammals, amphibians, and reptiles; maintaining habitat mterspersion and connectivity for wildlife and seed dispersal; nutrient cycling; detention of imported elements and compounds; organic carbon export; flood attenuation; sediment generation; and groundwater recharge that may supply adjacent springs. In particalar.jhfc portion of the cieek to be impacted supports 2.7 acres of wetland and waters of the U.S. and the CTBekj^rojjdjssjgijrnpjgTanj: wildlife coiri4grjigjijiygjiijjabitat for federally listed species incIuHIngthe gnatcatcher. least Bell's vjreo (Vireo bellii pusitius), and_flght-footed clapperrrajj ^~tR£ttu$ longtrostrlg l&vipesj algngitsreachjo Agua HediondaLagoori. Maintaining the integrity of the creek is important for maintaining the integrity of the lagoon. The importance of the wildlife corridor is to facilitate movement through, and occupation of, the wildlife habitat by bobcats (Lyra rufusysnd coyotes (Canis lairans), which are thought to be important to maintenance of gnatcatcher populations (Crooks and Soule 1999), However, the proposed undercrossing is not expected to reduce the risk of direct traffic-related mortality to gnatcatchcrs by the proposed Faraday Avenue Extension. The proposed project would significantly impact the beneficial uses and function provided by Agua Hedionda Creek. Cumulative impacts are expected to result from this proposal in combination with the on-sitc intermittent stream crossing of Faraday Avenue to the West, extension of College Avenue to the north, and the extension of Melrose Avenue to the east The public notice describes a function of the retention basin which will reduce sedimentation in Agua Hedionda Lagoon (303(d) impaired waterway), while no maintenance of tfie basin is anticipated. However, reducing sediment load downstream by retaining storm flows would require some maintenance (i.e. dredging) of accumulated sediment. Therefore, poienlial impacts as a. result of maintenance activities should be analyzed. Because of these significant impacts, the Service recommends denial of the proposed 404 permit and chat the applicant be required to demonstrate why impacts to Agua Hediooda Creek can not be avoided. The alternatives analysis provided in accordance with the Environmental Protection Agency's 404 (b)(l) guidelines does not demonstrate that the proposed project is the least environmentally damaging alternative. Alternatives to the proposed road fill that should be evaluated include: 1) not conBtructing the crossing (i.e. no project alternative); and 2) a bridge in conjunction with off-line ponds or other means to accomplish on-site flood retention. Off-line ponds are already part of the proposed project, but arc intended for water quality purposes and not flood attenuation. Reconfiguring these ponds could provide retention/detention capability and meet the requirements for flood control. If the applicant demonstrates that it is not practicable to completely avoid impacts to Agua Hedioxida Creek, alternatives that minimize such impacts should be evaluated including the use of walls to minimize the footprint of fill needed to construct the proposed road extension. This would have the added benefit of shortening the length of the wildlife undercrossing and thus increasing its effectiveness in allowing continued wildlife movement in Agua Hedionda Creek TUB 10:51 FAX 858 56^779 15T43 FAX 760431590^^ ^ Colonel Dornstauder (FWS-SDG-2874.7) 3 If you have any questions concerning the contents of this letter, please contact Kurt Roblck at 760^*31-9440. Sincerely, Therese O' Rourke Assistant Field Supervisor cc: Anny Corps of Engineers, San Diego Branch California Department of Pish and Game, Don Chadwjck Environmental Protection Agency, Elizabeth Goldman Regional Water Quality Control Board, Chris Means Lite Cited Crooks, K, R.. and M. E. Soul^. 1999. Mesopredator release and avifauna! extinctions in a fragmented system. Nature 400:563-566. * 10/31/02 JTHU 10:00 PAl 858 56^779 _ -'. ..... 9 R»»LYTO 1002 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.OBOX532M1 LOS ANGELES. CALIFORNIA 80033-2325 October 28, 2002 Office of the Chief Regulatory Branch Subject: File No. 200200641-RJL: Carlsbad Oaks North Specific Plan, City of Carlsbad, California Request for Initiation of Formal Consultation U.S. Fish and Wildlife Service Atto: Mr. Jim Barrel, Field Supervisor 2730 Loker Avenue West Carlsbad, California 92008 DearMr.Bartel: The City of Carlsbad has submitted an application for Department of the Army authorization to impact 2.3 acres of wetlands and 0.4 acres of waters of the U.S. to construct a 414 acre business park, the construction of a reach of the South Agua Hadionda Sewer with associated pump station, a 1.3 mile 4-lane extension of Faraday Avenue, and a 2,800 foot 4-lane extension of El Fuerte Road. The work will occur in wetland and unnamed ephemeral drainages that are tributaries of La Mirada Creek, City of Carlsbad, San Diego County, California. The Corps has determined that the project may affect a federally listed as threatened species, the coastal California Gnatcatcher (jpolioptifa califomica cctlifornica), known to utilize habitat in the vicinity of the project. Therefore, pursuant to Section 7 of the Endangered Species Act of 1973, as amended, the Los Angeles District hereby requests initiation of formal consultation for the proposed project. Pursuant to 50 CFR Part 402.14(00), we are providing, enclosing, vf othnrwise identifying tka following i 1. Description of the action considered: A description of the proposed action is contained in the Biological Assessment for the Faraday Road Extension, South Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business Park Project, Carlsbad, San Diego County, California (BA) dated June 24, 2002 which was sent directly to your office (See pages 4-7). 2. Description of the specific areas that may be affected by the action (scope of analysis): The Coips scope of analysis includes 650 total acres. The June 24, 2002 BA has information on the specific areas that may be affected by the action. This information can be found on Page 8 of the document. 1U/J1/U2 12 = 01 1-AA 0±»2;>4»4JO fiJLUlLtiYzfiUKW St ASSUU .„_ " El 003 710/31/02 TEU J.0:00 FAX 858 560Z7 ls> VJk. u wi k :,.^r r. uo -2- 3r Description of any listed aperies or critical habitat that may be affected by the action: An account for each species listed that has the potential to be affected by the proposed action is contained in the June 24, 2002 BA. Specie? accounts begin on page 14 and end on page 18. 4. Description of the manner in which tide action may affect any listed species or critical habitat and an analysis of any cumnlatfve impacts: The June 24, 2002 BA contains the information on the manner in which the action may affect listed species. This information can. be found on pages 18-20. 5. Relevant reports, including any environmental Impact statement, environmental assessment, or biological assessment prepared: Biological Assessment for the Faraday Road Extension, South Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business Park Project. Carlsbad, San Diego County, California dated June 24, 2002. 6. Any other relevant available information on the action, the affected listed species, or critical habitat: Carlsbad Oaks North Specific Plan Final Environmental Impact Report Errata dated September 25, 2002. Pursuant to the Endangered Species Section 7 Consultation Handbook dated March 1998 and SO CFR Part 402.14(g)(5), the FWS does not work directly with or take comments directly from the applicant without the knowledge or consent of the action agency. The Corps is the action agency requesting initiation of consultation. Therefore, all communication between the FWS and the applicant, and/or the applicant's designated representative will be conducted with the knowledge or consent of the Coips. Formal consultation will be initiated upon your receipt of this letter. If you would like to receive "additional data," pursuant to 50 CFR Part 402.14(1), which you believe would provide a better information base ftom which to conclude thig process and foimulate a biological opinion, please contact Mr. Rob Lawrence of my staff at (858) 674-5384 during the 90 day consultation period. Sincerely. Mark Durham Chief, South Coast Section Regulatory Branch JLI1U U. U . U O F /VA. QUO iJUU Illy Merke! & Associates, Inc. 5434 Ruffin Road San Diego, CA 92123 PHONE: (858) 560-5465 FAX: (858) 560-7779 FAX TRANSMISSION COVER SHEET TO: SENDER: T\nOc FAX: PHONE: RE: "P I o-n DATE: i o- 31 TIME: | o '• O<S M&A#: OoJt<iS YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (858) 560-5465. j.u/ ,it/ <J£. inu j_o;i»i rAA ooo oou ///a 10^14/2002 12:37 8584G74299 DFG SOUTH COAST REG PAGE 01 STATE OF QAUFORNI* - THE RESOURCES AGENCY G :?AT DAVIS, Gowmor DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, California 92123 Telephone: (858) 467-4201/4202 Fax: (858) 467-4299 TO: MerkeJ& Associates AttniKeitbMerkel : (85S)S60-7779 FACSIMILE TRANSMTTTAL FROM: Tamara Spear South Coa&tRegion 4949 Viewridge Avenue San Diego, CA 92123 Telephone: (858)467-4223 FAX: (858)467-4299 RE: Draft SAA for Faraday Extension, Agua Hedkmda Sewer Interceptor and Carlsbad Oaks NartJfrfinsiness Park Project Sites Date: 10/2402 # OF PAGES SENT, INCLUDING COVER PAGE. 6 COMMENTS: Please review....Thanks, Taxnara IF YOU DO NOT RECEIVE ALL OF THE PAGES INDICATED, PLEASE CALL THE SENDER AS SOON AS POSSIBLE. » e. inu Jiu.u'i r/\A ouo uou -, 10/24/2002 12:37 8584674299 DFG SOUTH COAST REG PWat CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego, California 92123 Notification No.R5-2()Q2-Q2lS AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Mr. Marshall Plantz. representing the Citvof Carlsbad. 163S Faradavt Carlsbad. CA 92008. State of Californiai. hereinafter called the Operator, is as follows: WHEREAS pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 1st day ofJtilv. 2002. notified the Department that they intend to divert or ot struct the natural flow of, or change the bed, channel, or bank of or use material from the; ;treambed(s) of, the following waterfs^two unnamed drainages, tributaries to Aiua Hedion da Creek: Aqua Hedlon^a Crei'k and La Mrada Creek. San Diego County, California, S action. Township 11S Rango.4W__. WHEREAS, the Department (represented byTamara Spear through a site visit en theSfr. day of Aorit. 2002) has determined that such operations may substantially advei sely affect those existing fish and wildlife resources within the streambed of two unnamed drainages, tributaries to Aqua Hedionda Creek: Aqua Hedion da Creek and La MradaCreek. specifically identified as follows: Birds: Coastal California onateatcher (Polioptlls califomica qalifomica). turkeyvulture (Cathartesaura). Coopers hawk (Accioiter cooperi). c reater roadrunner (Geococcvx ca//fom/9nu^). sharp-shinned hawk (Accloitar striatusl. vtifte-taited kite (Eianuslpucurus}. northern harrier (Circus cvaneus}. Calitbrnia horned \ark \£remoph!la atoestris). peregrine fiaicon (Falco perearinus). loggerhead shrike fLanius ludovkianus). Amercican kestrel (Falco soarverius). yellow warbler (Dendroica oetechia). vellov'/-breasted chat tlcteria virens). njfous-crowned sparrow fAimoohila ruficeos). common raven CCorvus co/ax). red-tailed havik (Buteo /aAna/ce/75/s). California towhee (Pioilo crissalis). I iewick's wren (Thrvomanes bewickfh. spotted townee (Pipilo ervthrophthalmusV house fir ch (Caroodacus mexicanus). house sparrow (Passer domesticus}. mourning dove L'.enaida macroura). Anna's hummingbird (Calvota anna), northern mockingbird (Mimus i»lvalottos). scrupJav (Aohelocoma coerulescens). vellow-rumped warbler (Dendroica coromta): Reptiles: orange-throated whiptail (Cnemidophorus hyoerythrush. San Dleao hnmed lizard (Phrvnosoma coronatum). coast patch-nosed snake(Sa/vadora hexalepisviraul\5&. western fence lizard (Scelooorous occldentalis): Mammals: Coyote (Canis latrans). des<'rt cottontail rabbit (Svlvifaaus audubonfy. California around squirrel (SoermoDhilus beacheyi} JBotta's pocket gopher (Thomymvs boffaeV Plants; California adolohia (Adolphia califor tea). Nuttall's scrub oak fQuercus dumosa): Including the alkali marsh, southern vMllo'y scrub, mule fat scrub, freshwater marsh, southern cottonwjod-willow riparian forest, southern coast live oak npar an forest southern coast live oak wjodland. freshwater seep, open water and surrounding coastal sage scrub, vallevneedlegrass grassland, non-native grass and and scrub oak chaparral Wiich provide habitat for such species in the area. THEREFORE, the Department hereby proposes measures to protect fish ind wildlife resources during the Operator's work. The Operator herebyagrees to accept th<i following measures/conditions as part ofthe proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a newnotification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other Page 1 of 5 »t>a 10X24/2002 12:37 8584574299 DFG SOUTH COAST REG PAtih STREAMBED ALTERATION AGREEMENT #R5-2002-0218 pertinent code sections, including but not lirrited to Fish and Game Code Sections 5650, 5652,5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on anylan I or property, nor does It relieve the Operator of responsibility for compliance with ap ilicable federal, state, or local lavts or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assui a the Departments concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and term' lates December 31.2003 for project construction only. This Agreement shall remain n effect for that time necessary to satisfy the terms/conditions of this Agreement. 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is preclt led from doing other activities at: the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600etseq. t 2. The Operator proposes to alter the streambed within two unnamed drainages, tributaries to Aqua Hedionda Creek: Agua Hedionda Creek and La Mrada Creek to accommodate the construction of the Faraday Avenue Extension, El Fuerte Street Extension ,Agua ledionda Sewer Interceptor, and Carlsbad Oaks North Business Park Project Construction activity will result in the fill of 2.8 acres of streambed. The project is located approximately 4 mik.'S east of Interstate 5, north of Ptilomar Road between El Camino Real and Melrose Drive in thn City of Carlsbad, San Diego County. 3. The agreed work includes activities associated with No. 2 above. The project are*; is located within two unnamed drainages, tributaries to Aaua Hedionda Creek: Agua Hndionda Creek and La Mlradai Creek San Diego County. Specific work areas and mitigatk n measures are described on/in the plans and documents submitted by the Operator, including "P taject Description", submitted with the Streambed Alteration Agreement Application, dated < une 27, 2002, prepared by MerKel and Associates; an "Environmental Impact Report) Volume 1 for the Carlsbad Oaks North Specific Plan", prepared by Cotton/Bridges/Associates, dated August 2002; a"Biological Assessment", prepared by Merkel and Associates, Inc., dated June 24, 2 )02; a "Conceptual Mitigation Plan", prepared by Merkel and Associates, dated June 18,20(2; and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 2.8 acres acres of jurisdictions! habitat comprised of 1.5 acres southern willow scrub, 0.4 acre freshwater marsh, 0.4 acre cismontane alks li marsh, 0.1 disturbed wetland* 0.1 and 0.4 acre unvegetated streambed. Southern willow scrub £ nd alkali marsh shall be mitigated in-kind at a 3:1 ratio. Freshwater marsh shall be mitigated if'-kind at a 2-1 ratio and disturbed wetland and unvegetated streambed shall be mitigated at a 1:1 ra io. A total of 7.0 acres of wetland mitigation acreage is required for the project, however the Opers tor has agreed to restore 14.8 ** acres of wetland habitat on-site. •What kind of "distorted wetland"? **Keith: Have you actually quantified the percentage of exotic species within tin ;i 12 acres you plan on enhancing? I have comments on the Conceptual Mitigation that wr need todiscuss. TAS 5. The Operator shall submit a Final Revegetation. Mitigation and Monitoring Plan for ;he 14.8 acres of on-site restoration within 60 days of signing this Streambed Alteration Agreement. The plan shall include a description of the proposed numbers, container sizes and planting location by species, monitoring activities (locations, techniques, scheduling, eta), maintenance operations with Page 2 of 5 j.u/ <it/ u<; inu J.O:UD r/\A ooo aou v/va UZ1UU4 10/24/2002 12:37 8584674299 DFQ SOUTH COAST REG PAGE! B4 ' STREAMBED ALTERATION AGREEMENT #R5-2002-0218 emphasis on watering methods and schedules; the removal of invasive plant species area treated, techniques to be used, and schedule and success criteria for controlling invasive plants; and any/all other references to revegetation and restoration activities specified by this agreemen . Department approval of that plan is required prior to project initiation/impacts. All revegetation shall be Installed no later than March 31.2004. 6. The Operator shall not remove vegetation within the stream from February 15 to September 30 to avoid impacts to nesting birds. 7. The Operator shall have a qualified biologist onsite daily during any impact* to vegetation for the purpose of monitoring and enforcing conditions of this agre jment. 8. No equipment shall be operated in ponded or flowing areas. 9. Disturbance or removal of vegetation shall not exceed the limits approved l:>y the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation na1 ive to the area. 10. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel gr ide; bottoms of permanent culverts shall be placed at or below stream channel grade. 11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be p laced on dirt roads, cat tracks, or other work trails to control erosion. 12. Water containing mud, silt or other pollutants from aggregate washing or ether activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 13. Structures and associated materials not designed to withstand high seasc nal flows shall be removed to areas above the high water mark before such flows occur 14. The perimeter of the work site shall be adequately flagged to prevent darr age to adjacent riparian habitat. 15. Staging/storage areas for equipment and materials shall be located outsid a of thestream. 16. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 17. If a stream's low flow channel, bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width, without creating future erosion problems. 18. Access to the work site shall be via existing roads and access ramps. 19. Spoil sites shall not be located within a stream, where spoil could be wash ad back into a stream, or where it could cover aquatic or riparian vegetation. 20. Raw cement/concrete or washings thereof, asphalt, paint or other coating naterial, oil Page 3 of 5 H.J u u a .^au-^.°J.UD rA^-°-?5,-?r^"/a yr« =uum W-.H3I Ktu PAGE STREAMBED ALTERATION AGREEMENT #R5-2002-0218 or other petroleum products, or any other substances which could be hazardo is to aquatic life, resulting from project related activities, shall be prevented from containing ting the soil and/or entering the waters of the slate. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with tie permission of the Operator, shall be removed immediately. 21. An annual report shall be submitted to the Department by January 1 of each yea for 5 years after planting. This report shall include the survival, percent cover, and height of bott tree and shrub species. The number by species of plants replaced, an overview of the revege ation effort, and the method used to assess these parameters snail also be included. Photos fro n designated photo stations shall be included. 22. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement orconcre te or washings thereof, oil or petroleum products or other organic or earthen materi.il from any construction, or associated activity of whatever nature shall be allowed to ente' into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed firm the work area. No rubbish shall be deposited within 150 feet of the high water mark of my stream or lake. 23. No equipment maintenance shall be done within or near any stream chan lei where petroleum products or other pollutants from the equipment may enter these a eas under any flow. 25. An irrevocable letter of credit for the amount of complete restoration and land corts shall be submitted to the Department prior to initiation of construction activities. This amount .hall be based on a cost estimate which shall be submitted to the Department for approval within 30 .lays of signing this letter. 26. A wildlife conservation easement shall be recorded on the mitigation site to protect existing fish and wildlife resources in perpetuity. The easement shall be in favor of the Depar ment or its designated agent and shall be recorded before initiation of construction activities. Th :t form and content of the easement shall be approved by the Department's legal advisors prior t< its execution. The legal advisors can be contacted at (916) 654-5446 27. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Aj reement shall be readily available at work sites at all times during periods of activ»work and must be presented to any Department personnel, or personnel from another agency upon demand. 28. The Department reserves the right to enter the project site at any time to £ nsure compliance with terms/conditions of this Agreement. 29. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prioi to completion of construction (project) activities. Notification shall be Sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 30. It is understood the Department has entered into this Streambed Alteratior Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Opera tor agrees Page 4 of 5 '''"" V™ SOUTH COAST RES PAGE STREAMBED ALTERATION AGREEMENT #R5-2002-021S to hold harmless the State of California and the Department of Fish and Garni i against any related claim made by any party or parties for personal Injury or any other dan ages. 31 The Operator shall request an extension of this agreement prior to its termination. Extensions may be qranted for up to 12 months from the date of termination c f the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address If the Operator fails to request the extension pnor to the agreement s termination, tr en tne Operator shall submit a new notification with fees and required information to ':he Department. Any activities conducted under an expired agreement are a viol* lion of Fish and Game Code Section 1600 et. seq. 32 The Department reserves the right to suspend or cancel this Agreement fcr other reasons, including but not limited to the following: a The Department determines that the information provided by the Operatoi in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preps ring the terms and conditions of the Agreement;c. The project or project activities as described in the Notification/Agreemenl have d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on t le environment. 33 Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days fn:im the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Ope -ator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when thfi Department notifies the Operator in writing that adequate methods and/or measures have 'seen identified and agreed upon to mitigate or eliminate the significant adverse effe ct. CONCURRENCE (City of Carlsbad) California Dept. of Fish and Game (signature) (date) (signature) (date) Marshall Plantz . ' C.F. Ravsbrook. Regional Manaaei (title) (title) Page 5 of 5 Nov-3-04 11:24; Page 2/2 Loduiig Design Group, Inc. November 3, 2004 Anne Hysong CHy of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RKt CARLSBAD OAKS NORTH TENTATIVE MAP (CT 97-13X1/HUJ: 97-lOXl/PIP 02-02X1/SUP 87-07X1) (LADWIG DESIGN GROUP, INC. [OB NO. L-1021) Dear Anne: To followup on your request, last night the City Council did approve the Final Map for Carlsbad Oaks North. There now is no need to proceed further with the extension request that is on the Planning Commission's schedule for tonight. Based on the above, we request that the Tentative Map and other applications for Carlsbad Oaks North be withdrawn from tonight's PlanningCornniissior agenda and that any unused funds are returned to Iho applicant. If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert. C. Ladwig, President RCLijbk Enclosures cc: Ted Tchang, Techbilt Construction Tim Carroll, O'Day Consultants) 703 Palomar flirport flood * Suite 300 * Carlsbad, California 92009 (760)438-3182 FflX (760) 438-0173 From: Anne Hysong To: Clyde Wickham Subject: CT 97-13 - CARLSBAD OAKS NORTH SUBSTANTIAL CONFORMANCE Clyde, I didn't get a transmittal with the substantial conformance exhibit, but it looks substantially the same to me with the exception of the new detention basin required by the ACOE/RWQCB adjacent to Lot 9, and per my conversation with Keith Merkel, project biologist, the environmental impacts associated with the area where the basin is proposed are already analyzed in the EIR. Therefore, the SCE is acceptable to Planning. Anne CC: Glen Van Peski CALIFORNIA INDIAN LEGAT SERVICES Escondido Office 609 South Escondido Boulevard, Escondido, CA 92025 4- Phone 760/746-8941 4 Fax 760/746-1815 www.calindian.org 4 contactCILS@calindian.org BISHOP OAKLAND EUREKA ^ - SANTA ROSA ESCONDIDO /' WASHINGTON, D.C. August 30, 2004 BY U.S. MAIL Mr. Ron Rouse Luce, Forward, Hamilton & Scripps 11988 El Camino Real, Suite 200 San Diego, CA 92130 Re: Carlsbad Oaks North Site Visit by Mark Mojado and Pre-Excavation Agreement Dear Mr. Rouse: My name is.Michele Fahley and I am a staff attorney at California Indian Legal Services. I have had this case transferred to me by Devon Reed. As you know, we represent the San Luis Rey Band of Mission Indians and the Pala Band of Mission Indians in connection with the cultural resources located on the Carlsbad Oaks North project site. This letter is to request permission for Mr. Mark Mojado, the Tribal Monitor, to enter onto the project site in order to review the cultural resources located thereon. Mr. Mojado would like to request that someone from Brian Smith and Associates accompany him on his visit to the site to assist him in gaining a better idea of the cultural resources located within the project area. As well, Mr. Mojado would like to request a full copy of the most recent cultural resources report, including the confidential appendix listing the location of cultural resources. Finally, have you had a chance to review the Pre-Excavation Agreement that Devon Reed forwarded to you on March 11, 2004? If you need another copy, please let me know. If you have any questions, please do not hesitate to contact me at (760)746-8941, ext. 121. Yours Truly, Michele Fahley Staff Attorney cc: Mr. Mark Mojado Chairman Robert Smith Letter to Mr. Ron Rouse Re: Site Visit by Mark Mojado August 30, 2004 Page 2 Mr. Brian Smith Ms. Anne Hysong City of Carlsbad Public Works March 8, 2004 Bob Ladwig, President LADWIG DESIGN GROUP 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 CLARIFICATION OF EXPIRATION DATE FOR THE CARLSBAD OAKS NORTH TENTATIVE MAP (CT 97-13) Dear Bob: Thank you for your letter dated February 5, 2004 requesting clarification of the expiration date for the Carlsbad Oaks North Tentative Map. As you correctly stated, Condition #32 of the Planning Commission Resolution #5249 states that "the tentative map shall expire 24 months from the date this tentative map approval becomes final." Additionally, Condition #11 of the same Resolution states "This approval is granted subject to the certification, adoption and approval of the Program Environmental Impact Report and ...." The EIR was certified by City Council Resolution No. 2002-298 on October 8, 2002. Based on the fact that the Tentative Map Conditions state that the Map approval is subject to the certification of the EIR, the City will use an effective date of October 8, 2002 for Tentative Map approval for the purposes of calculating the TM expiration date. The expiration date for Tentative Map CT 97-13 is October 8, 2004. ^ I am glad to hear that the developer's goal is to record the final map prior to the need to ask for an extension and I appreciate your foresight in requesting clarification of this date prior to the date becoming an issue. Please do not hesitate to contact me at 760-602- 2407 if you have any additional questions regarding the Carlsbad Oaks North project. Sincerely, GLENN PRUIM, P.E. Deputy Public Works Director c: BobWojcik Clyde Wickham Ted Tchang, Techbilt Construction ,,,«<. - Ron Rouse, Luce, Forward Hamilton & Scripps ^AK i i > LADWIG DESIGN GR 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 6O2-273O - FAX (760) 602-85 Uidwig Design Group, Inc. October 31,2002 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FINAL CHANGES TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Anne: Enclosed per your request are four bound copies of the Carlsbad Oaks North Specific Plan with the revisions that you submitted to me in the email on October 24,2002. hi addition to the text changes that you have identified, I have also changed the graphics to delete the offsite sewer going through the county property. hi addition to the above I am also including two separate disks. One is for the text portion of the Specific Plan and the other disk is for the graphics. This should complete the Specific Plan. If you have any questions or need any copies, please contact me. Sincerely, LADWIG DESIGN GROUP, INC. RECfc^0Robert C. Ladwig, President RCL:clr Enclosures c p cc: Ted Tchang, Techbilt Construction (w/ 2 copies) Tim Carroll, O'Day Consultants (w/1 copy) 703 Polomar Rirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 I Utcluiig Design Group, Inc. November 11,2002 Don Rideout City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: CARLSBAD OAKS NORTH/AMENDMENTS TO ZONE 16-LFMP AMENDMENT (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Don: Enclosed are pages 13, 14, 55-58, 60-62, 76, 90 and 91. These pages, that I have marked up, are the proposed Sewer System for System 16 that need amendments based on the final approval by City Council which included the deletion of South Agua Hedionda Trunk Sewer north of Faraday. In addition to the above pages, I've also included Page II-2 of the Carlsbad Oaks North Specific Plan. There is one paragraph on that page that was recently amended, and I thought it would be appropriate to use the same language in the LFMP Amendment. Please look these changes over, and I would appreciate a response as to their acceptability. If you would like to get together to discuss the wording, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President ROLslh Enclosures cc: Ann Hysong, City of Carlsbad (w/enclosures) Clyde Wickham, City of Carlsbad (w/enclosures) Ted Tchang, Techbilt Construction (w/enclosures) Tim Carroll, O'Day Consultants 703 Palomar Rirport Road + Suite 300 + Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 City of Carlsbad Planning Department July 30, 2002 Ted Tchang Techbilt Construction Corp. 3575 Kenyon Street San Diego, CA92110 SUBJECT: EIR 98-08/SP 211/GPA 97-05/ZC 97-05/CT 97-13/HDP 97-107 SUP 97-07/PIP 02-02 - CARLSBAD OAKS SPECIFIC PLAN The preliminary staff report for the above referenced project will be mailed to you on Thursday, August 1, 2002. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on August 12, 2002. A twenty (20) minute appointment has been set aside for you at 10:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Anne Hysong at (760) 602-4622. CITY OF CARLSBAD ^ GARY E.WAYNE Assistant Planning Director GEW:AH:jt c: File Copy Paul Tchang Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Ste. 300, Carlsbad, CA 92009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Uiduiig Design Group, Inc. July 30, 2002 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: CARLSBAD OAKS NORTH (LAD WIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Anne: Per your request, please find the following items relative Carlsbad Oaks North Specific Plan and Tentative Map. • 18 bound copies of the Carlsbad Oaks North Specific Plan. I have added the information I received from Tim Gnibus and made the last minute change reference lot size. I have also attached a copy of the approved FAA Notice of Proposed Construction or Alteration #95-^ AWP-0493-OE from 1995. • The original marked up copy of the Specific Plan. • Property owners list, radius map, and postage fee. There are two sets of labels for each of the 3 separate mailing lists. The three separate mailing lists are the 600-foot radius list, the supplemental mailing list for individuals or entities that had contact with the City who are outside the 600-foot radius limits, and a supplemental list consisting of all the property owners in Zone 15 where the sewer traverses after it leaves the County ownership immediately west of Carlsbad Oaks North. Some of the Zone 15 owners are significantly more than 600 feet away from the sewer line, but the majority of Zone 15 will benefit from this offsite sewer. • One copy of the Zone 15 ownership map and list that I prepared back in May of this year. Tim Carroll at O'Day Consultants submitted to you yesterday his exhibits and the landscape plan. These are the items that you have requested with the exception of the LFMP Amendment. I met with Steve Jantz late yesterday to review the changes that he has come up with. Steve is also contacting RBF to find out the status of the circulation section that the City and RBF have agreed to prepare for me for insertion into the LFMP Amendment. 703 Palomar flirport Road «• Suite 300 4 Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Anne Hysong July 30, 2002 Page 2 Please look these items over and if you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Af— Robert C. Ladwig, President RCL:mo Enclosures cc: Ted Tchang, Techbilt Construction (w/enclosures) Tim Carroll, O'Day Consultants (w/enclosures) 703 Palomor flirport Road + Suit© 300 4 Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 f lease type or rnnt on i his Form horm Approved UMb NO. 21 20-0001 U S Department of Transportation Federal Aviation Administration Notice of Proposed Construction or Alteration Failure To Provide All Requested Information May Delay Processing Of Your Notice Aeronautical Study Number 1. Nature of Proposal 2. Complete Description of Structure A. Type jx] New Construction Q Alteration * B. Class |X| Permanent | | Temporary (Duration . months) C. Work Schedule I ates Beginning 1 QQ7 End 2002 If Alteration, provide previous FAA Aeronautical Study Number, if available : 3A. Name, address, and telephone number of individual, company corporation, etc. proposing the construction or alteration. (Number, Street, City, State, and Zip Code) TECHBILT CONSTRUCTION CORPORATION Attn0: Mr, Paul 3575 Kenyon Street San Diego CA 92110 ( 619 ) 223-166-3 Area Code Telephone Number 3B. Name, address and telephone number of proponent's representative, if different than 3A. above. LADWIG DESIGN GROUP, INCORPORATED Attn,: Bob Ladwig 703 Palomar Airport Road Suite 300 Carlsbad CA 92009 438-3182 Area Code Telephone Number Please describe the proposed construction or alteration. A. For proposals involving transmitting stations, include effective radiated power (ERP) and assigned frequency. If no! known, give frequency band and maximum ERP. B. For proposals involving overhead wire, transmission lines, etc., include the size and the configuration of the wires and their supporting structures. J. For buildings, include site orientation, dimensions, and construction materials. D. Optional— Describe the type of obstruction marking and lighting system desired. The FAA will consider this in their study. Pronerty is 415 acres - about 36 acres of natural topography pene- trates FAR Part 77 Surface el. 478 Highest natural grade is 548 Highest residential pad = 518 Highest part of residential unit proposed = el. 546 4. Location Of Structure 5. Height and Elevation no nearest foot) A. Coordinates < <?^—s of second Latitude 0 33 I 08 37 . ^ongitude 0 ' 117 I 14 54 4D. Source for item 4A data. r—,USGS7.5' i—, r—- Other 12J Quad Chart LJ SurveV LJ Specify indicate the reference datum. n i—i i—i Other NAD 27 LJ NAD S3 U Specify B. Nearest City or Town and State Carlsbad California (1). Distance to 4B within City of Carlsbad (2). Direction to 4B within City of Carlsbad C. Nearest public or military airport, heliport, fiightpark, or seaplane base McClellan/Palomar Airport A. Elevation of ground above mean sea level. (1). Distance from structure to nearest point of nearest runway 7500 feet Hi parl B. Height of structure including all appurtenances and lighting above ground or water. (2). Direction from structure to airport west-south-west C. Overall height above mean sea level 51RJL 28, 546.0 4E. Description of site location with respect to highways, street, airports, prominent terrain, features, existing structures, etc. Please attach a U.S. Geological Survey Map (or equivalent) showing the construction site. If available, attach a copy of a documented site survey with the surveyor's certification. 5 QOO feet east of El Camino Real and 4000 feet north of Palomar Airport Road. Motice is required by Part 77 of the Federal Aviation Regulations (14 C.F.R. Part 77) pursuant to Section 1101 of the Federal Aviation Act of 1953. as amended {49 U.S.C. app. § 1501). Persons who <nowingly and willfully violate the Notice requirements of Part 77 are subject to a civil penalty of $1.000 per day until the notice is received, pursuant to Section 901 (a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. app Q I471(a|) as well as the fine (criminal penalty) of not more than S500 for the first offense and not more (nan S2.000 for subsequeni offenses, pursuanl to Section 902(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. app § 1472(a)|. HEREBY CERTIFY that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to obstruction mar^gnd/or light the structure in accordance with established marking & lighting st^daras^as necessary. 3 Name and Title ol Person Filing Notice ;» President Signature ... ,.,, —...i., . FOR FAA USE ONLvSy.FAA will either return this The Proposal: 1 Does not require a notice to FAA. Notice of Construction, FAAForm 7460-2, is required any time the projects abandoned, or Subpart G, and would not be a tearf to air At least 48 hours before :the start of.construction. Within five days after the construction reaches as ls Identified as an obstruction under the standards of FAR 7 Subpart C but wouM not be atezard to air navigation. j r cORStmcton is subject to the licensing authority cf tie Federal Communicates Commission (FCCi and an apfAWAn a consttucbon permit js made to the FCC on v before the aoove expnakm djte, hi such cases the ttetermnalw ftdviswy Cscular 70/7460-l,C}SWtefS .. ^-, a v j"sa. _ —a. >-jatsr NOTE, „«*?*.* 5 •****. —** i,«te— •*<f fSij * -u -v* f^.^f'-MiK 0052-00-012-0007 95-AWP-493-OE Page! The proposal will build residential units not to exceed 28'AGL on 415 acres approximately 4,200 feet northeast of the Runway 24 physical approach end at McClellan-Palomar Airport, Carlsbad, California, the closest public-use landing area. The natural terrain elevation of this project site penetrates the FAR, Part 77, Subpart C, 77.23(a)(5) horizontal surface of the McClellan-Palomar Airport, as defined by 77.25(a)(2). This proposal is acceptable from an airspace utilization standpoint only if the sponsor acknowledges the following conditions: The FAA is not a permitting agency. This airspace determination, issued in accordance with FAR, Part 77, concerns the effect of this proposal on the safe and efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local governmental body. This airspace determination does not address land use compatibility, zoning, noise, neighborhood characteristics, or environmental issues; areas not under the purview of the Federal Aviation Administration (FAA). This airspace determination is not to be construed as either a permit or approval to build. Permits can only be issued by the local planning authorities; therefore, this airspace determination does not supersede any local provisions that may be more restrictive, including those provisions for determining environmental acceptability and appropriate land use. This airspace determination does not include temporary construction equipment, such as cranes, etc., which may be used during the actual construction phase of this proposal. Such equipment which has a height greater than the proposed structure requires separate notice. RECEIVED LADUIG DESIGN PACIFIC OCEAN Site CITY OF VISTA CITY OF ENCINITAS CITY OF SAN MARCOS North No Scale BUSINESS PARK 1 Lcicluiig Design Group, Inc. July 23, 2002 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: CARLSBAD OAKS NORTH/LFMP AMENDMENT (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Anne: Yesterday I received from you a letter dated July 21st reference the need for certain exhibits to be submitted to you by July 30th for the Carlsbad Oaks North project. The items you asked for were 18 copies of the tentative map, constraints map, landscape plans, Specific Plan 211, and Zone 16 LFMP Amendment. Also, I picked up from you on July 22nd a marked up copy of the Specific Plan. I will be able to submit to you before the 30th the Specific Plan with your latest changes. O'Day Consultants will be submitting the tentative map and constraints map and ADL Planning Associates will be submitting the landscape plans. I will also submit by the 30th the radius map, owner list and labels, and fee. Based on what I know today, the LFMP amendment will not be submitted on July 30th. After I sent a note to you last week with my concerns about the timing, I contacted Willdan, who is doing the LFMP traffic report, and both Carrie Garden and Wes Pringle said that their latest round of changes identified by the City's consultant (RBF Consulting) will not be completed until this Friday, July 26th. I contacted Wes Pringle again yesterday and he reconfirmed that there is no way that they can have their work completed before that time. In addition, I talked to Clyde Wickham yesterday and he also reiterated that he needs to review the traffic report again to ensure that the City's comments and RBF's comments have been incorporated into the report. As I have indicated to you before, I have made all the changes that you had requested to the LFMP with the exception of the changes to the circulation section. These City changes were identified in a letter addressed to me from you dated June 25th. 703 Palomar Rirport Road *• Suite 300 + Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Anne Hysong July 23, 2002 Page 2 Assuming I receive in my office the Willdan amended LFMP traffic report on Monday, July 29th, I would be able to have my changes based on that report back in to the City no later than August 7th, which is about a week and a half beyond the 30th. This schedule would not allow the City time to review and comment on the traffic study prior to me making my changes. The completion of the LFMP amendment that I am doing is based on the traffic information that I have not received to date. This is information that I need that is not in my control. Would receiving the LFMP report from me on August 7th still meets the City's timing for the hearing tentatively scheduled for the 21st? If not, I would suggest that the hearing time be postponed to coincide with the completion of all the documents that the City needs to present at the public hearing. If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C* Ladwig, President RCL:mo cc : Marshall Plantz City of Carlsbad Clyde Wickham, City of Carlsbad Tim Gnibus, Cotton Bridges Association Paul Tchang, Ted Tchang and Doug Woods, Techbilt Construction Ron Rouse, Luce, Forward, Hamilton & Scripps Tim Carroll, O'Day Consultants Mike McCollum, McCollum & Associates Tony Lawson, ADL Planning Associates 703 Pcilomcir flirport Road 4- Suite 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 City of Carlsbad ^ ••••••••^Mi^^^^Mi^B^Hl^MaBi^^M^m^MiPlanning Department July 21, 2002 Ladwig Design Group 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92008 SUBJECT: EIR 98-08/GPA 97-05/ZC 97-05/LFMP 89-16(A)/SP 211/CT 97- 13/HDP 97-10/PIP 02-02/SUP 97-07 - CARLSBAD OAKS NORTH SPECIFIC PLAN Your application has been tentatively scheduled for a hearing by the Planning Commission on August 21, 2002. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 30, 2002, unless otherwise indicated, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 18 copies of your (tentative map, constraints map, landscape plans, and Specific Plan 211, Zone 16 Local Facilities Management Plan) on 24" x 36" sheets of paper, stapled in complete sets folded into 81/2' x 11" size. B) One 8/2" x 11" copy of your reduced tentative map. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List + all respondents to EIR Scoping Meeting and Draft EIR - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property and respondents to EIR Scoping Meeting and Draft EIR. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us EIR 98-08/GPA 97-03KC 97-05/LFMP 89-16(A)/SP 21 l~ 97-13/HDP 97-10/PIP 02-02/SUP 97-07 - CARLSBAD OAKS NORTH SPECIFIC PLAN July 21, 2002 Page 2 _ 1"; For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1 " = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, L Anne Hysong (J Associate Planner AHcs Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE WEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: Sent By: WILSON ENGINEERING; 7604380173; Jul-19-02 11:15; Page 1/2 loduilg Design Group, Inc. FAXMITTAL TO: Citv of Carlsbad Date: 7/19/02 Time:. ATTNt Anne Hvsone PROJECT: Carlsbad Oaks North FAX: 602-8559 JOB #; L-1021 _, PHONE #: 602-4622 FROM: Robert C. Ladwig TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET): 2 REMARKS: As the Planning Commission hearing date quickly approaches (August 21st), there are still a number of items that I am working on that are incomplete. These items are as follows: * Specific Plan You had indicated you had some additional comments. As soon as you have those ready for me, please let me know so I can make those changes and get it back to you for final review. Traffic On July 10th, RBF sent some comments to Clyde that were passed on to Willdan to make changes to the LFMP traffic study. I have not seen, nor do I know if Willdan has completed those changes. Also, I know that Clyde has some comments on the LFMP amendment that I did relating to traffic. Clyde is waiting for the updated traffic report from Willdan. • Public Hearing Notice I have completed the 600-foot radius map and owners list. You indicated that you were going to provide me with a list of people and agencies that would not be within 600 feet of the project that you would like to send the hearing notice to. As soon as you have that list ready, please forward it to me so that I can make up the complete list for the notice and get it back to you. 703 Palomar Airport Road • Suite 300 • Carlsbad • CA • 92009 (760) 438-3182 + FAX (760) 438-0173 Sent By: WILSON ENGINEERING; 7604380173; Jul-19-02 11:15; Page 2/2 Anne Hysong July 19,2002 Page 2 LFMP Amendment As referred to above, I have completed all the most recent revisions based on your comments. The one area where the changes have not been made deal with traffic. The hearing date is less than five weeks from today and hopefully, you will have time to get your last comments to me so that I can make the changes and get them back to you in time for you to review them adequately before the public hearing. If you have any questions, please give me a call. Also, to save time, as soon as your comments are ready on any of the above items, let me know and I will come pick them up. cc: Clyde Wickham, City of Carlsbad (760) 602-1052 Marshall Plantz, City of Carlsbad (760) 602-8562 Ted Tchang and Doug Woods, Techbilt Construction (619) 223-2865 Tim Carroll, O'Day Consultants (760) 931-8680 Carrie Garden, Willdan (949) 770-9041 703 Palomar Airport Road • Suite 300 • Carlsbad • CA • 92009 (760) 438-3182 + FAX (760) 438-0173 Uiduiig Design Group, Inc. June 5, 2002 RECEIVED Anne Hysong City of Carlsbad JUN 0 5 2002 1635 Faraday Avenue Carlsbad, CA 92008 CITY OF CARLSBAD PLANNING DEPT. Re: CARLSBAD OAKS NORTH (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Anne: Yesterday, I talked to John Conley, who is a principal planner at the City of Vista, about the status of the Home Depot project just east of Melrose on the extension of Faraday Avenue. John indicated that the staff had approved last year a mitigated negative declaration for the proj ect, but also received significant comments from surrounding residents. The City decided to do a revised traffic analysis and a full EIR for the project. According to John, the project is about six months away from the hearing process. He did put me on his mailing list and will send me information on traffic for that project as soon as it is available. On a separate subject - what is your plan to respond to the letters received as comments to the EIR for Carlsbad Oaks North? Also, when do you think you will have the response comments prepared? If there is anything that you need us to assist you with, please let us know. I will wait to hear from you. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo cc: Ted Tchang and Doug Woods, Techbilt Construction Tim Carroll, O'Day Consultants Wes Pringle, Willdan Ron Rouse, Luce, Forward, Hamilton & Scripps 703 Palomor Rirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Uiduiig Design Group, Inc. Apri18'2002 RECEIVED Eric Nelson County of San Diego /P!i> Qg 2QQ2 5555 Overland Drive <w,JTV Building 5 (MS090) °/T^ OF CARLSBA 0 San Diego, CA 92123 PANNING DEPT RE: CARLSBAD OAKS NORTH (LADWIG JOB NO. L-1021) Dear Eric: To follow up on our discussion, please find enclosed a copy of the Army Corps of Engineers jurisdictional areas for Carlsbad Oaks North. Rob Lawrence at the Corps wanted to see our project and the areas where the Corps has jurisdiction. The attached exhibit will be used to meet with Mr. Lawrence in the field. I also mention that we will be putting together a tabulation of the various habitat types north of Faraday Avenue. I have seen a draft copy and some adjustments need to be made. I planimetered the area north of Faraday at right around 100 acres. We are also breaking down what the habitat types would be within 200 feet and 300 feet north of Faraday as it crosses the County property.. Thank you for the update and letting me know that to date you have not found that any of the property has been committed for mitigation previously. I am anxious to find out what your research of the Board records will show for the same topic. Please look the attached exhibit over and when you feel it is appropriate, I would like to set up a meeting with yourself, Floyd, and my client to talk about the potential purchase of a conservation easement over the area north of Faraday Avenue. If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. foj^-—Robert C. Ladwig, President RCL:mo Enclosures cc: Floyd Best, Palomar Airport (w/encfosure) Ted Tchang, Techbilt Construction (w/enclosure) Mike McCollum, McCollum & Associates (w/enclosure) Anne Hysong, City of Carlsbad (w/enclosure) Tim Carroll, O'Day Consultants (w/enclosure) 703 Palomar Rirport Road + Suite 300 +• Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Utcluiig Design Group, Inc. February 14, 2002 Wes Pringle Willdan 27042 Towne Center Drive Suite 270 Foothill Ranch, CA 92610 Re: CARLSBAD OAKS NORTH TRAFFIC STUDY (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Wes: Enclosed is a package of items that Clyde Wickham handed me yesterday relative the Carlsbad Oaks North traffic study. These are comments from our meeting and items that they would like amended in your report. If it is not clear what needs to be done, I would suggest you call Clyde or Elizabeth Cobb at RBF, who provided the document: Clyde also mentioned that the City will not require us to try to strike a deal with Vista on sharing the cost of the improvements for the offsite impacted intersections. Clyde indicated that they will see if Vista responds to the circulated EIR and then address it at that time. As you recall, at our last meeting, he wanted us to prepare a memorandum of understanding (MOU) with Vista for the cost sharing of the offsite impacted intersections. Anne Hysong's comments were that she feels these offsite mitigation requirements would fit into the "overriding consideration" findings. Please look the attached information over and if you have any questions, give me a call. Sincerely, LADWIG DESIGN GROUP. INC. Robert C. Ladwig, President RCL:mo Enclosures cc: Ted Tchang, Techbilt Construction (w/enclosures) Tim Carroll, O'Day Consultants (w/enclosures) Clyde Wickham, City of Carlsbad (w/o enclosures) Anne Hysong (w/o enclosures) 703 Palomcir flirport Road + Suit© 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 O CDCO >fl) I01 =1cr CD3 i^ *<Q. CO <:£ SJ CDen o3- cr?i c_ 2^& 3 F§ 73 CO S. ^^-^ CD o2. ^ O — •CO W O CO i m Q-O ro CD •*: 9-1er 3 CD Do" o-a 3 2> 2?—i d. 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