HomeMy WebLinkAbout2021-12-23; Carlsbad Watershed Management Water Quality Improvement Plan Update No. 3 (Districts - All); Gomez, PazTo the members of the:
CITY COUNCIL
Date 1"'h..3p.J CA ~CC L
CM _IL ACM v ·DCM (3) ,/
Dec.23,2021
Council Memorandum
To: Honorable Mayor Hall and Me of the City Council
From: Paz Gomez, Deputy City Mana 'e .--·c Works
Via: Geoff Patnoe, Assistant City an age
{city of
Carlsbad
Memo ID #2021230
Re: Carlsbad Watershed Manage rea Water Quality Improvement Plan Update No. 3
(Districts -All)
This memorandum provides an update to previous memoranda dated Oct. 8, 2020, and Feb. 5,
2021, (Attachments A and B), on the Water Quality Improvement Plan (WQIP) for the Carlsbad
Watershed Management Area (CWMA) as required by the California Regional Water Quality
Control Board, San Diego Region (San Diego Water Board), which was recently approved.
Background
The city is subject to the San Diego Water Board National Pollutant Discharge Elimination System
(NPDES) Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and R9-
2015-0100 (Permit). The CWMA consists of the following jurisdictions, collectively known as the
CWMA Copermittees: County of San Diego and incorporated cities of Carlsbad, Encinitas,
Escondido, Oceanside, San Marcos, Solana Beach and Vista. Memoranda on this topic were
provided to the City Council on Oct. 8, 2020, and Feb. 5, 2021, Attachments A and B.
Discussion
After the Final 2021 WQIP Update was posted to the Project Clean Water Website on Jan. 29,
2021, pursuant to the Permit, San Diego Water Board staff had 90 days to either accept the
WQIP or provide further direction. Near the end of the 90-day period, on April 30, 2021, the San
Diego Water Board Executive Officer issued a letter (Attachment C) extending the review time
from 90 days to 120 days (i.e., until May 31, 2021).
On May 28, 2021, the San Diego Water Board Executive Officer issued a comment letter:
"Subject: 2019-2020 Water Quality Improvement Plan (WQIP) Annual Report Review: Carlsbad
Watershed Management Area (WMA) WQIP" (Attachment D). Section 3 of the letter specifically
addressed the updated CWMA WQIP that was submitted in January 2021 and requested that
corrections identified in the letter be submitted to the San Diego Water Board by Sept. 1, 2021.
The letter also included comments that were not specific to the WQIP Update. Those comments
will be addressed in future annual reports by the appropriate CWMA Copermittees.
The CWMA Copermittees immediately began coordinating with the San Diego Water Board staff
to gain alignment on appropriate changes to address the comments and submitted proposed
draft language to the San Diego Water Board for their review. On Aug. 13, 2021, the San Diego
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2799 t
Council Memo -CWMA Water Quality Improvement Plan Update No. 3 (Districts -All)
Dec.23,2021
Page 2
Water Board staff emailed the city staff indicating that the proposed changes were responsive to
their comments.
Changes from the January 2021 WQIP Update included the following: clarification and rationale
on how priorities were identified in the original WQIP from 2016; incorporated additional data
submitted by local environmental organizations in the priority evaluation process; updated
strategies relating to bacteria in Agua Hedionda Lagoon; and provided more clarity on a timeline
for implementation. The changes are not expected to require resources beyond the current
budget.
The proposed changes were incorporated into the WQIP and submitted to the San Diego Water
Board as required on Sept. 1, 2021, and it was published on the Project Clean Water website. On
Dec. 13, 2021, the San Diego Water Board Executive Officer issued a letter stating that the
CWMA WQIP update was approved (Attachment E).
Staff has already begun implementation of the additional strategies, which includes the Agua
Hedionda Bacteria Special Study for which the City Council authorized an agreement to complete
the study in Resolution No. 2021-172. The study is designed to answer the following question: Is
water quality in the Inner Basin of Agua Hedionda Lagoon supporting the REC-1 beneficial use
(e.g., swimming)? The study will take approximately one year to complete, and results will be
published in the city's fiscal year 2021-22 Water Quality Improvement Plan Annual Report in
January 2023.
Next Steps
Staff will continue to implement strategies in the WQIP as required by the Permit.
Attachments: A. Council Memorandum dated Oct. 8, 2020
B. Council Memorandum dated Feb. 5, 2021
C. San Diego Water Board letter dated April 30, 2021
D. San Diego Water Board letter dated May 28, 2021
E. San Diego Water Board letter dated Dec. 13, 2021
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Ass.istant City Attorney
James Wood, Environmental Management Director
Jeff Murphy, Community Development Director
Kyle Lancaster, Parks & Recreation Director
Tim Murphy, Senior Program Manager
To the members of the;
Cl1Y COUNCIL . ' IOL L . ✓ · Dates a'.:> CA ...L CC ___ .
CM -1L ACM \/ DCM (3) ~-
Council Memorandum
Oct. 8, 2020
To: Honorable Mayor Hall and Members of the City Council
Attachment A .
{cityof
Carlsbad
Memo ID# 2020217
From: Paz Gomez, Deputy City Manager, Public Works · .
Geoff Patno.e~ Assistant City Ma~ag~~ .' . . -. Via:
Re: Carlsbad Watershed :Management A'rea--Water. Quality· Improvement .Plan Update
' ' .
This memorandum provides an updat e on the Water Quality Improvement Plan (WQIP) for the
Carlsbad Watershed Management Area (CWMA) as reqt,1ired by the California Regional Water
Quality Control Board, San Diego Region (San Diego Water Board).
Background
The City of Carlsbad is subject to San Diego Water Board N~tional Pollutant Discharge Elimination
System (NPqES) Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and
RQ-2015-0100 (Permit). The CWMA consists of the following jurisdictions, collectively known as
the ·cwMA Copermittees: County ofsai:i Diego and incorporated ~ities of Carlsbad, Encinitas, ..
Esconc;lido, Oceanside, San Marcos, Solana Beach and Vista.
In accordance with the Permit, the CWMA Copermittees prepared the ~WMA WQIP to help
guide the Jurisdictional Runoff Management Programs (JRMP) towards achieving improved water ·
quality in municipal sep~rate storm sewer system (MS4) discharges a.nd receiving waters. The
WQIP was developed in conjunction with a consultation panel1 and public_ review processes from
2013 to 2015.
Based on feedback from the San Diego Water Board, th~ \IYUIP was revised, rE;;submitted and
subsequently accepted in ·November 2016. In May 2018, the WQIP was updated to include the
Escond!do Creek Hydromodification Plan and minor revision·s noted in Annual Reports. The most
recent WQIP along with Annual Reports can be found on the multi-jurisdictional clearinghouse,
the Project Clean Water website (www.projectcleanwater.org).
The WQIP_ is intended to. be a planni'ng docume1_1t that adapts to chan_ging conditions through .
established update cycles and approved revisiqn processes. The city regularly adapts its
p·rograms and p_riorities based on information and experience obtained from program
implementation and assessment of new science and data.
. ' 1 The consult,\tion panel is defln~d in the Permit as a panel consisting of at leasto!le representative from the San
Diego Water Board, environmental community and development community.
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92_008 I .760-602-2799t
Council Memo -CWMA Water Qualfty Improvement Plan Update
. Oct. 8, 2020
Page 2
Discussion
In October 2017, the CWMA Copermittees received water quality data collected in Agua ,
Hedionda Lago.on by the California Department of Public Health (CDPH)'s Shellfish Program from
t~e San Diego Water Board. As r_~quested by the San Diego Water Board, the CWMA_
·copermittees analyzed the data and presented results and recommendations in a Technical
Memor'a·ndum, su.bmitted as Attac{,ment 1, ofthe fiscal year (FY)' 2017-18 WQIP Arinyal Report.
In November 2019, the CWMA Copermittees received a comment letter from the San _Diego
Water Board regarding the FY 2017-18 WQIP.Annual Report. Specifically, the San Diego Water
Board required a WQIP Update about impacts to shellfish harvesting (SHELL) and the contact
recreation (REC-1) beneficial uses in the Agua Hedionda Lagoon. The current FY 2020-21
Operating Budget for Watershed Protection is sufficient to fund s_taff and consultant costs for the
WQIP update, which is due to the Regional Board by Jan. 30, 2021.
Environmental Management Department staff.and other CWMA Copermittees, with the help of a
consultant team, are currently updating the WQIP as directed by the San Diego Water Board . A
virtual consultation panel meeting was held on Sept. 3, 2020, in which input was gathered from
panel members and the.public. Additionally, written comments regardin·gthe consultation panel
meeting were accepted and will be considered. ·
Next Steps
· CWMA Copermittees will consider the comments received from the public and consultation
panel. Beginning Oct. 19, 2020, a response to comments and a draft of the updated WQIP will be
posted on the Project Clean Water website for a 30-day public revi~w.
On Jan. 29, 2021, the final updated WQIP will be .submitted to the San Diego Water Board. The
San Diego Water Board will then have 30 days to provide additional comments. If no additional
comments are received, the WQIP will be considered accepted.
Staff expects the San Diego Water Board will require additional water quality monitoring in the
Agua Hedionda Lagoon Watershed as part of this update. The additional monitoring will likely
st art in FY 2021-22. Any additional funds required for compliance with the program will be
requested as part of the standard budgeting process.
cc: Sco.tt Chadwick, City Manager·
Celia Brewer, City Attorney .
· Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant City Attorney
Jeff Murphy, Community Development Director
James Wood, Environmental Manager
Tim Murphy, Senior Program Manager
To the members of the:
CllY COUNCIL
Date,(S"lz.l CA ✓ CC ✓
CM~ACM.JL:_DCM (3)~
Feb.5,2021
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Attachment B
{city of
Carlsbad
Memo ID# 2021030
Via: ·
Re:
Geoff Patnoe, Assistant City Manager ff;) ·
Carlsbad Watershed Management Ar~11\Jater Quality Improvement Plan Update No. 2
(Districts -All)
This memorandum provides an update to a previous memorandum dated Oct. 8, 2020, on the
Water Quality Improvement Plan (WQIP) for the Carlsbad Watershed Management Area (CWMA)
as required by the California Regional Water Quality Control Board, San Di.ego Region (San Diego
Water Board).
Background
The City of Carlsbad is subject to San Diego Water Board National Pollutant Discharge Elimination
System (NPDES) Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and
R~-2015-0100 (Permit). The CWMA consists of the following jurisdictions, collectively known as
the CWMA Copermittees: County of San Diego and incorporated cities of Carlsbad, Encinitas,
Escondido, Oceanside, San Marcos, Solana Beach and Vista.
A memorandum on this topic was provided to the City Council on Oct. 8, 2020 (Attachment A).
This memorandum provides additional information and updates since then.
Discussion
On Oct. 19, 2020, the CWMA Copermittees published a draft of the updated WQIP and posted it
on the multi-jurisdictional clearinghouse, the Project Clean Water website
(www.projectcleanwater.org) for a 30-day public review period. The comments were
incorporated as appropriate. The Final 2021 WQIP Update was posted to the Project Clean Water
website on Jan. 29, 2021.
Primary revisions to the 2021 WQIP include:
• Updated the Clean Water Act 303(d) list of impaired waters information to reflect the
2014/2016 303(d) list
• Agua Hedionda Lagoon
o Identified additional Priority Water Quality Conditions
Public Works Branch
Environmental Management Department
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2799 t
Council Memo -CWMA Water Quality Improvement Plan Update No. 2 (Districts -All) . .
Feb. 5, 2021
Page 2
■ Fecal Indicator Bacteria during wet weather as it relates to the Shellfish
Harvesting (SHELL)1 beneficial use
■ Enterococcus during dry and wet weather for Contact Water Recreation
(REC-1)
o Added new strategies to address indicator bacteria including enterococcus
o Established two new special studies focused on the Agua Hedionda Lagoon
o Added App_endix I with Agua Hedionda Indicator Bacteria Information
The update to the 303(d) list is administrative at this time but may trigger additional regulatory
oversight in the future.
The items related to the Agua Hedionda Lagoon were the major driver for the update and detail
related to this can be found in Appendix I of the updated WQIP.
The additional Priority Water Quality Conditions and strategy implementation will initially have
minimal impact on staffing and departmental resources. Howeyer, the special studies are likely
to require additional resources starting in fiscal ye~r 2021-22. Staff will request any additional
funds through the normal budgeting process. The city, along with the other copermittees, agreed
to conduct the special studies due to the stated requirement by the San Diego Water Board staff,
with a keen interest from the Consultation Panel2 members and the general public.
The details of the two special studies are still being finalized in consultation with the San Diego
Water Board. However, one study will look to determine whether water quality conditions
support recreational (e.g., swimming) uses, and the other will determine whether the water
quality conditions support commercial shellfish harvesting operations. The monitoring
frameworks for the special studies will be posted to the Project Clean Water website when
completed.
Next Steps
The San Diego Water Board, at its discretion, may issue a public notice and release the WQIP for
public review and comment for a minimum of 30 days. The CWMA Copermittees will consider
revisions based on public comments and promptly submit any revisions within 60 days.after close
1 Shellfish harvesting in the Agua Hedionda Lagoon is primarily conducted by a private commercial
aquaculture operation in the outer basin closest to the Pacific Ocean.
2 The consultation panel is defined in the Permit as a panel consisting of at least one (1) representative from
the San Diego Water Board, environmental community and development community.
Council Memo-CWMA Water Quality_ Improvement Plan Update No. 2 (Districts -All)
Feb.5,2021
Page 3
of the public comment period. The updates to the WQIP will be deemed accepted 90 days3 after
submission, unless otherwise directed by the San Diego Water Board Executive Officer.
Additionally, the CWMA Copermittees will continue to work with San Diego Water Board staff to
finalize the special studies and associated monitoring plans to begin monitoring in fiscal year
2021-22.
Attachment: A. Council Memorandum dated Oct. 8, 2020
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services .
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras~ Assistant City Attorney
James Wood, Environmental Manager
Tim Murphy, Senior Program Manager
3 The Oct. 8, 2020, Council -Memorandum stated the WQIP would be considered accepted if additional
comments were not provided after 30 days. After clarification, it was determined to be 90 days.
To the members of the;
CllY COUNCIL .
··Dale 1"/a/&t.A...Jt...CC _✓,
CM ...lLACM ~ DCM (3) ~-
Oct. 8, 2020
ATTAC!lMENT A
Council Memorandum
To: Honorable Mayor Hall and Nfembers of the City Council
Froo,:
{Gityof
Carlsbad
Memo ID# 2020217
Via:
Paz Gomez, Deputy City Manager, Public Works ·
Geoff Patno.e~ Assistant City ManagefM.: -. . . _
Carlsbad Watershed .Management ~at~r. Quality Improvement .Plan 'update Re:
This memorandum provides an update on the Water Quaiity Improvement Plan (WQIP) for. the
Carlsbad Watershed Management Area (CWMA) as required bythe California Regional Water
Quality Control Board, San Diego Region (San Diego Water Board). . .
Background
The City of Carlsbad is subject to San Diego Water Board N~tiqnal Pollutan~ Discharge Elimination
System (NPDES) drder No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, arid
R~-2015-0100 (Permit). The CWMA consists of the following jurisdictions, col lectlvely known as
the 'cWMA Copermittees: County of San Diego and incorporated cities of Carlsbad, Encinitas,_
Escondido, Oceanside, San Marcos, Sol~na Beach ~nd Vista. · · · ·
. .
·In accord~nce with the Permit, the CWMA Copermittees prepared the ~WMA WQIP. to help _
guide the Jurisdictional Runoff Management Programs (JRMP) towards achieving improved water ·
quality in municipal-sep~rate storm sewer system (MS4) discharges a_nd receiving waters. The
WQIP was developed in conjunction with a consultation paneP and public. review proce_sses from
2013 to 2015. .
Based on feedback from the San Diego Water Bo-ard, th~ WQIP was revised, re;submitted and
subsequently accepted in °November 2016. In May 2018, the WQIP was updat;d to include the
Escondido -Creek Hydromodiflcation Plan and minor revision~ noted ln Annual Reports. The most
recent WQIP along with Annual Reports can be found on the multi-jurisdictional clearinghouse,
the Project Clean Water website (www.projectcleanwater.org).
The WQIP_ is intended tQ be a planning docume~t that adapts to cha11ging conditions through_
established update cycles and approved revisiQn processes. The city regularly adapts its
p·rograms and p_riorities based on information and experience obtained from program
implementation and assessment of new science and data. -
, . .
1 The consultqtion panel is defin~ in the Permit as a panel conslstlng of at least one representative from the San
Diego Water Board, environmental community and development community. .
Public Works Branch
Environmental Management Depart_ment
1635 Faraday Avenue I Carlsbad, CA 92008 I _760-602-2799t
. l
Council Memo -CWMA Water Quali"ty Improvement Plan Update
. Oct. 8, 2020 . .
Page2
' . Discussion
. In October 2017, the CWMA Copermittees received water quality data collected in Agua
Hedionda Lago.on by the Callfornfa Department of Public Health (CDPHts Shellfish Program fro·m
the San Diego Water Board. As requested by the San Diego Water Board, the CWMA
·c~permittees analyzed the data-~nd presented results and recommendations In a T;chnical .
Memor'a'ndum, submitted as Attachment 1, of_the fiscal year (FY)' 2017·1~ WQ!p Arinyal Report.
In November 2019, the CWMA Copermittees received a con:iment letter from the San piego
· Wat~r Board regarding the ~y 2017-18 WQIP.Am:mal Report. Specifically, the San Diego.Water
Board required a WQIP Update about Impacts to shellfish harvesting (SHELL} and the contact
recreation (REC-1) benefici~I uses in.the Agua Hedionda Lagoon. The current FV 2020-21
Operating Budget for Watershed Protection Is sufficient to fund s:taff and consultant costs for the
WQIP update, which is due to the Regional B~ard by Jan. 30, 2021. ·
. .
Environmental Management Department staff.and other CWMA Copermittees, with the help of a
i::onsultant.team, are currently updating the WQIP as directed by the San Diego Water Board. A
virtual consultation panel meeting was held on Sept. 3, 2020, io which input was gathered from
panel members and the.public. Additionally, written comments regarding the consultation panel
meeting were accepted and will be considered. ·
Next Steps
CWMA Copermittees will consider the comments receivea from the public and consultation
panel. Beginning Oct, 19, 2020, a response to comments and a draft of the updated WQIP will be
posted on th~ Project Clean Water websit!! for ~ 30-day public review. . .
On Jan. 29, 202i, the final updated WQIP will be submitted to the San Diego Water Board. The
San Diego Water Board will then have 30 days to provide additional comments. If no additional
com~ents are received, the WQIP will be considered accepted.
Staff expects the San Diego Water Board will ~equlre additional water qw:ility monitoring in the
Agua Hedfonda Lagoon Watershed as part tif this update. The additional monitoring will likely
start in FY 2021-22. Any additional funds required for compliance with the program wil.l be
requested as part 0f the standard budgeting process. '
cc: Sco:tt Chadwick, City Manag~r
Ce\ia Brewer, City Att~rney _
·. Gary Barberio, Deputy City Manager, Community Services
.Laura Rocha, Deputy City Manager, Adm.inistrative Services
Robby Contreras, Assistant City Attorney
Jeff Murphy, Community Development Director
James Wood, Environmental Manager
Tim_ Murphy, Senior Program Manager
Water Boards
San Diego Regional Water Quality Control Board
April 30, 2021
Mr. Tim Murphy
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Tim.Murphy@carlsbadca.gov
ATTACHMENT C
N~ JARED B LUMENFELD l ............_~ SECRETARY FOR
,..,. ENVIRONMENTAL PROTECTION
In reply refer to/attn:
CW-794838:MGarcia
Subject: 2019-2020 Water Quality Improvement Plan (WQIP) Annual Report
Review: Carlsbad Watershed
Mr. Murphy:
The California Regional Water Quality Control Board, San Diego Region (San Diego
Water Board) received the 2019-2020 Carlsbad Watershed WQIP Annual Report
(WQIP Annual Report) dated January 2021 . The WQIP Annual Report was timely
submitted by the City of Carlsbad on behalf of the Carlsbad Watershed Copermittees on
or before the February 1, 2021 compliance date required by Order R9-2013-0001, as
amended (Order). The Carlsbad Watershed Copermittees include the County of San
Diego and the cities of Carlsbad, Escondido, Oceanside, San Marcos, Vista, Encinitas,
and Solana Beach.
Proposed updates to the Carlsbad Watershed WQIP (WQIP Updates) were submitted
with the WQIP Annual Report. Provision F.2 .c.(1 )(c) of the Order provides that the
WQIP Updates will be deemed accepted for inclusion into the WQIP 90 days after
submission (i.e. by April 30, 2021) unless otherwise directed in writing by the San Diego
Water Board Executive Officer. Due to the press of work on other matters, Board staff
require additional time beyond April 30, 2021, to complete review and provide
comments on the WQIP Annual Report and the WQIP Updates. Accordingly, the San
Diego Water Board is extending the timeframe to allow Board staff additional time to
complete the review and comment process for the WQIP documents. In accordance
with Provision F.2.c.(1)(c) of the Order, the San Diego Water Board Executive Officer
directs that the proposed WQIP Updates not be deemed accepted for inclusion in the
WQIP until 120 days after the original submission date (i.e. by May 31, 2021 ), unless
otherwise directed in writing by the Executive Officer.
C ELESTE C ANTU , CHAIR I DAVID G IBSON, EXECUTIVE OFFICER
2375 North side Drive, Suite 100, San Diego, CA 92108-2700 I www.waterboards.ca.gov/sandiego
Mr. Tim Murphy
City of Carlsbad
- 2 -
ATTACHMENT C
April 30, 2021
Please submit written correspondence in response to this letter to
SanDiego@waterboards.ca.gov. Electronic documents submitted to the San Diego
Water Board must include the following identification numbers in the header or subject
line: PIN: 794838:MGarcia. For questions pertaining to the subject matter, please
contact Mireille Garcia at (619) 521-8041 or Mireille.Garcia@waterboards.ca.gov.
Respectfully,
David W.
Gibson ""'" ,,_01:00·
David Gibson
Executive Officer
DG:kd:dtb:law:mg
cc: Carlsbad Watershed Copermittees
Water Boards
ATTACHMENT D
~), GAVIN NEWSOM
\~ GOVERNOR
~ J ARED BLUMENFELD l ............... ~ SECRETARY FOR
~ ENVIRONMENTAL PROTECTION
San Diego Regional Water Quality Control Board
May 28, 2021
Mr. Tim Murphy
Senior Program Manager
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Tim.Murphy@carlsbadca.gov
In reply refer to/attn:
CW-794838:MGarcia
Subject: 2019-2020 Water Quality Improvement Plan (WQIP) Annual Report
Review: Carlsbad Watershed Management Area (WMA) WQIP
Mr. Murphy:
The California Regional Water Quality Control Board, San Diego Region (San Diego
Water Board) received the 2019-2020 Carlsbad WMA WQIP Annual Report (WQIP
Annual Report) dated January 29, 2021. The WQIP Annual Report was timely submitted
on February 1, 2021, by the City of Carlsbad on behalf of the Carlsbad WMA
Copermittees as required by Order R9-2013-0001, as amended (Order). The Carlsbad
WMA Copermittees include the County of San Diego and the cities of Carlsbad,
Escondido, Oceanside, San Marcos, Vista, Encinitas, and Solana Beach (WQIP
Copermittees). The WQIP Copermittees submitted an updated Carlsbad WMA WQIP on
February 1, 2021 (February 2021 WQIP Update). The February 2021 WQIP Update
included an evaluation of bacteria data for Aqua Hedionda Lagoon and incorporated
other minor revisions in response to San Diego Water Board comments on previous
WQIP Annual Reports. The February 2021 WQIP Update is pending acceptance by the
San Diego Water Board Executive Officer and can be found on the Regional
Clearinghouse website.1
The San Diego Water Board did not review every aspect of the 2019-2020 WQIP
Annual Report for compliance with the Order. As allowed under provisions I1.A.4.a (3)
and F.1.b (6) of the Order, the San Diego Water Board may require the WQIP
Copermittees to update, modify or correct any identified deficiencies in the Carlsbad
WMA WQIP at any time. The WQIP Copermittees provided the submittals detailed in
sections 1, 2, 3 and 4 below either as requ_ired by the Order, or in accordance with the
schedule of corrections to deficiencies identified under provisions A.4.a (3) or F.1.b (6)
of the Order. The San Diego Water Board cannot accept the February 2021 WQIP
1 http://www.projectcleanwater.org/
CELESTE C ANTU, CHAIR I D AVID GIBSON, EXECUTIVE OFFICER
2375 Northside Drive, Suite 100, San Diego, CA 92108-2700 I www.waterboards.ca.gov/sandiego
Mr. Tim Murphy - 2 -May 28, 2021
Update until the required corrections identified in section 3 and responses to the
comments in section 4 are provided and accepted.
1. Submittals Required by the Order and Received by the San Diego Water Board
a. Jurisdictional Runoff Management Plan (JRMP) Annual Reports for the County of
San Diego and the cities of Carlsbad, Escondido, Oceanside, San Marcos, Vista,
Encinitas, and Solana Beach;
b. Monitoring Data for provisions D.1.b, D.1 .c, D.1.d, D.1 .e, D.2.b, and D.2.c of the
Order; and
c. Bacteria Total Maximum Daily Load (TMDL) Monitoring Data.
2. Other Sybmjttals Required and Recejyed by the San Diego water Board
a. Response to Comments from the San Diego Water Board's 2017-2018 WQIP
Annual Report Comment Letter and Attachment 1 Adaptive Management
General Topics (AMGT)
i. The WQIP Copermittees provided responses to the San Diego Water
Board's comments in the November 1, 2019, comment letter. The
Copermittees also responded to and addressed most of the AMGTs in
Attachment 1 to the November 1, 2019, comment letter. The Copermittees
responses are provided in Appendix B of the WQIP Annual Report.
ii. The WQIP Copermittees provided a response to AMGT 1 (Homeless
Encampments), however, the information requested was not addressed.
In the next WQIP Annual Report due January 31 , 2022, the WQIP
Copermittees must identify general sub-watersheds or drainage areas
where homeless encampments may affect receiving waters in the WMA.
iii. The WQIP Copermittees provided a response to AMGT 2 (Identification of
Controllable and Uncontrollable Sources). The WQIP Copermittees do not
identify sources as "uncontrollable" in the February 2021 WQIP Update.
iv. The WQIP Copermittees provided a response to AMGT 3 (Agricultural
Orders Update and Assessment). The WQIP Copermittees provided a
map of the agricultural facilities in the WMA from the Geo Tracker
information. The map is provided in Appendix B of the February 2021
WQIP Update. All WQIP Copermittees, except for City of Escondido,
provided an assessment of the agricultural facilities within their jurisdiction.
v. The WQIP Copermittees provided a response to AMGT 4 (Coordination of
WQIP High Priority Water Quality Conditions (HPWQCs), Priority Water
Quality Conditions (PWQCs), and Strategies with WMA Ecological
Reserve Goals and Projects). The 2018 WQIP and the February 2021
WQIP Update includes descriptions and implementation efforts of the
restoration projects and ecological reserves in the WMA. The Batiquitos
Lagoon Ecological Reserve was included in the February 2021 WQIP
Update.
Mr. Tim Murphy - 3 -May 28, 2021
vi. The WQIP Copermittees provided a response to AMGT 5 (Storm Drain
Biofilms Source of Bacteria). The information requested related to storm
drain biofilms is found in section 3.5.2 of the February 2021 WQIP Update.
vii. The WQIP Copermittees provided a response to AMGT 6 (Update of
303(d) Listings). The 2014/2016 303(d) list was incorporated into the
February 2021 WQIP Update.
viii. The WQIP Copermittees provided a response to AMGT 7 (Over-Irrigation
Audit Findings). Jurisdictional-specific responses were provided in the
JRMP Annual Reports found in Appendix E of the WQIP Annual Report.
The assumed pollutant load reductions for non-structural BMPs are not
being used to meet TMDL numeric goals or schedules.
ix. The WQIP Copermittees provided a response to AMGT 8 (Persistent Flow
in MS4 Outfalls -Groundwater or Water Agency Maintenance Source
Identification). The County of San Diego's response is found in Appendix
B-3 and the rest of the jurisdictions-specific responses are provided in the
JRMP Annual Reports found in Appendix E or in Appendix F of the WQIP
Annual Report.
x. With approval by the San Diego Water Board, a response to AMGT 9.a
(Monitoring Inconsistencies -Use of C Value) will be included in the 2020-
2021 WQIP Annual Report due January 31, 2022.
xi. The WQIP Copermittees completed a monitoring completeness check in
response to AMGT 9.b (Monitoring Inconsistencies -Monitoring
Completeness).
xii. The WQIP Copermittees provided a response to AMGT 9.c (Monitoring
Inconsistencies -Fecal Indicator Bacteria). The WQIP Copermittees will
adapt monitoring programs once the Statewide Bacteria Water Quality
Objectives are incorporated into the Order. In preparation for some
changes, the Carlsbad Watershed MS4 Outfall Monitoring Plan was
updated in January 2019.
xiii. A response to AMGT 9.d (Monitoring Inconsistencies -Appropriate Use of
Surfer Health Study Results) was not included because the Study is not
referenced in the Carlsbad WQIP or WQIP Annual Reports.
xiv. The WQIP Copermittees provided a response to AMGT 10 (Coordination
with Water and Sewer Agency Planning and Projects). The County of San
Diego's response is found in Appendix B-3 and the rest of the
jurisdictions-specific responses are provided in the JRMP Annual Reports
found in Appendix E or in Appendix F of the WQIP Annual Report.
xv. The WQIP Copermittees provided a response to AMGT 11.a (Annual
Report Data -Structural BMP Data). The reasonable assurance
demonstration is not being used to meet TMDL compliance dates and load
reductions in the WMA. The requested structural BMP information for the
2018 Agua Hedionda Hydrologic Area (HA) Tributary Creek interim goal
was provided in tabular format.
xvi. The WQIP Copermittees provided a response to AMGT 11.b (Annual
Report Data -High Priority Outfall Criteria). The criteria for determining
Mr. Tim Murphy -4-May 28, 2021
high priority outfalls for monitoring in dry and wet weather is provided in
Attachment 4A of the WQIP Annual Report.
xvii. The WQIP Copermittees provided a response to AMGT 11.c (Annual
Report Data -Monitoring Data). The monitoring data was provided in
Excel format as submitted to CEDEN and is found in Appendix G of the
WQIP Annual Report.
b. Response to Comments from 2018-2019 WQIP Annual Report Comment Letter
i. The WQIP Copermittees responded to the San Diego Water Board's
requests made in the October 2, 2020, comment letter. The Copermittees
response is provided in Appendix C of the 2019-2020 WQIP Annual
Report.
3. February 2021 WQIP Update
In accordance with provision F.2.c.(1) of the Order, the WQIP Copermittees
implemented a public participation and comment process for the February 2021
WQIP Update. The WQIP Update process provided for a publicly available and
noticed schedule of opportunities for the public to participate and provide comments
during the development of the February 2021 WQIP Update.
The San Diego Water Board cannot accept the February 2021 WQIP Update until
the required corrections identified below are provided to and accepted by the
Executive Officer. The San Diego Water Board requires that the corrections
identified below be included in the February 2021 WQIP Update and be
submitted to the San Diego Water Board no later than September 1, 2021.
a. The WQIP Copermittees identify the process for elevating PWQCs to HPWQCs
in section 2.1.2 of the February 2021 WQIP Update. The third step of the process
evaluates several considerations listed in section 2.1.2. It is unclear if all the
considerations must be met to elevate a PWQC to a HPWQC, or if only a few
considerations have to be met. The February 2021 WQIP Update must explain
how many considerations must be met for a PWQC to be elevated to a HPWQC
and how the considerations were evaluated for each PWQC.
b. Table 8 does not identify HPWQCs for Buena Vista Creek HA or Encinas HA.
Section 3.2.1.2 of the February 2021 WQIP Update explains that the WQIP
Copermittees applied the HPWQCs process outlined in section 2.1.2 and
identified that no HPWQCs were applicable to Buena Vista HA. However, it is
unclear if all considerations were evaluated or if only a select few considerations
were evaluated. The consideration process for Buena Vista Creek HA or Encinas
HA is not clearly explained. The San Diego Water Board requires that the
February 2021 WQIP Update explain the consideration questions for Buena Vista
Creek HA and Encinas HA and how the considerations were evaluated to justify
not selecting a HPWQC(s) for each hydrologic area.
c. Table 7 describes PWQCs by waterbody and identifies that monitoring data
collected by the public was provided to characterize the conditions at Agua
Hedionda Lagoon for enterococcus and the impacts to the water contact
Mr. Tim Murphy - 5 -May 28, 2021
recreation (REC-1) beneficial use. Table 1-1 of Appendix I identifies that only "RA
Data (WQIP Development)" and "CDPH (2012-2020)" data was evaluated. Table
1-1-5 also reports no data from "Coastkeeper/Other 3rd party data in Creek" was
assessed under the lines of evidence in the prioritization table for "Agua
Hedionda Creek-REC-1 Beneficial Use, Dry Weather." Table 1-1-6 also reports,
no data, from "Coastkeeper/Other 3rd party data in Creek" was assessed under
the lines of evidence in the prioritization table for "Agua Hedionda Creek -REC-1
Beneficial Use, Wet Weather." However, the WQIP Copermittees report that
additional data collected in Agua Hedionda Creek was received on September
10, 2020 and will be evaluated as part of the next WQIP Annual Report. The San
Diego Water Board requires that the additional data be evaluated as part of the
February 2021 WQIP Update and the WQIP prioritization process in Appendix I.
d. The PWQCs for Agua Hedionda Lagoon include the pollutant stressors of fecal
indicator bacteria during wet weather for the SHELL beneficial use, and
enterococcus during dry and wet weather for the REC-1 beneficial use. Because
the Agua Hedionda Lagoon has high-REC-1 use intensities, the San Diego
Water Board requires the WQIP Copermittees identify how they will notify the
public of possible elevated bacteria in the Agua Hedionda Lagoon during both
dry and wet weather.
e. The San Diego Water Board requires an implementation schedule for all phases
of the "Phased Approach to Protect SHELL and REC-1 Beneficial Uses in Agua
Hedionda Lagoon" be included in the February 2021 WQIP Update.
4. Specific comments on 201 s-2020 wa1e Annual Report
a. Upper San Marcos Creek (USMC) Hydrologic Area Monitoring Report (USMC
HA report)
i. Table 2-5 on page 9 of the USMC HA report appears to misreport the
values of nutrient loads for both the un-monitored wet weather load and the
total annual wet weather load. The nutrient loads reported under the "Un-
monitored Wet Weather Load" column should have been reported under the
"Total Annual Wet Weather Load" column, and vice versa.
ii. By September 1, 2021, the San Diego Water Board requires the
Copermittees provide a response to the following comment. The San
Diego Water Board reviewed the baseline nutrient loads calculated for the
2010-2011 wet weather monitoring year. The 2010-2011 Receiving Waters
and Urban Runoff Monitoring report reveals that the volume calculated for
the 2010-2011 monitoring year used flow data from the receiving water
station SM-TWAS-1a. The USMC HA report states that the receiving water
station used to calculate the 2019-2020 nutrient loads was SM-TWAS-1b.
The USMC HA report identifies that wet weather season monitoring was
conducted at SM-TWAS-1 b, because the station location is more amenable
for flow monitoring during wet weather than downstream locations, which
may flood during wet weather. The 2017-2018 and 2018-2019 USMC HA
reports show that the receiving water station SM-TWAS-1 b was also used to
gather flow data for the monitoring year of 2017-2018 and 2018-2019. The
Mr. Tim Murphy - 6 -May 28, 2021
2019-2020 nutrient loads, which used flow data from receiving water station
SM-TWAS-1 b, are being compared with the baseline 2010-2011 nutrient
loads, which used flow data from receiving water station SM-TWAS-1a. The
San Diego Water Board is concerned with the accuracy of the "percent
reduction from baseline" values being reported in Table 4-1 of the 2019-
2020 USMC HA report because the baseline loads used flow data from the
receiving water station SM-TWAS-1a. It is unclear if the flow data from the
SM-TWAS-1a station gathered for the 2010-2011 wet weather monitoring
year was impacted by the potential flooding as the USMC HA report
suggests. The San Diego Water Board requires the WQIP Copermittees
evaluate if station SM-TWAS-1 a was impacted by flooding during the 2010-
2011 wet weather monitoring year, and if so, the Copermittees shall explain
how the reported baseline loads were affected.
iii. By September 1, 2021, the San Diego Water Board requires that the
WQIP Copermittees submit wet weather monitoring data at SM-TWAS-
1 a or SM-TWAS-1 b for the 2011-2012, 2012-2013, 2013-2014, 2014-2015,
and 2016-2017 monitoring years. If wet weather monitoring data is
available for the monitoring years from 2011-2016, the Copermittees must
provide a table comparing the wet weather nutrient loads for each
monitoring year and clearly identify which monitoring station was used for
the flow data of each monitoring year.
iv. By September 1, 2021, the San Diego Water Board requires that the
WQIP Copermittees re-evaluate the wet weather nutrient load
reduction numeric goal and consider the process for how the Remedial
Investigation/Feasibility Study (RI/FS) report calculated the 40 percent
nutrient load reduction. For the USMC HA, the wet weather WQIP final
numeric goal is to achieve a 40 percent nutrient load reduction from
baseline. Table 4-1 of the USMC HA report identifies the nutrient load
percent reductions from baseline for the 2017-2018, 2018-2019, and 2019-
2020 wet weather monitoring years all exceed the wet weather final WQIP
numeric goal for the USMC HA. The Carlsbad WMA February 2021 WQIP
Update identifies that the wet weather WQIP final numeric goal for the
USMC HA was derived from the "Remedial Investigation/Feasibility Study
Report for the Upper San Marcos Creek Watershed and Lake San Marcos"
(RI/FS report). The RI/FS modeled a 40 percent reduction in nutrient loads
based on the baseline nutrient loads calculated in the RI/FS report. Page
236 of the RI/FS report indicates that a "Creek-to-Lake nutrient load
reduction of approximately 40 percent is appropriate to realize a significant
and reasonable improvement in Lake [dissolved oxygen] (DO), algae, and
nutrient conditions to restore and maintain beneficial uses." The 40 percent
reduction in nutrient loads from the RI/FS report was associated with the
nutrient loads that would be achieved, if a mix of watershed controls were
implemented. The modeled nutrient loads that would be achieved are
presented in Appendix T of the RI/FS report. The San Diego Water Board is
concerned with how the 40 percent reduction in nutrient load goal from the
Mr. Tim Murphy - 7 -May 28, 2021
RI/FS report was applied to the WQIP numeric goal. It is likely that a
revision to the numeric goal for the USMC HA is necessary.
v. The WQIP Copermittees provide the methodology for how the nutrient loads
are calculated in section A.9 of Appendix A to the 2010-2011 Receiving
Waters and Urban Runoff Monitoring Program report. However, the
methodology is not included in the 2019-2020 USMC HA report. The San
Diego Water Board requires that the methodology for calculating the wet
weather nutrient loads be provided in WQIP Annual Reports.
vi. By September 1, 2021, the San Diego Water Board requires that the
City of San Marcos clarify why continuous flow monitoring was
discontinued at outfall OUT023, OUT10237, and OUT10330. The USMC
HA report identifies the MS4 outfall dry weather discharge assessments in
Table 4-3. It is unclear why the City of San Marcos did not conduct
continuous flow monitoring for the following outfalls OUT023, OUT10237,
and OUT10330. The City of San Marcos must indicate if continuous flow
monitoring at these outfalls is planned for the future, and if it is not, how
removal of the outfalls affects the comparison with the baseline flows.
vii. By September 1, 2021, the San Diego Water Board requires that the
County of San Diego and the City of San Marcos provide an
explanation on how they plan to measure and report anthropogenic
dry weather surface runoff from the outfalls and/or revise the WQIP
dry weather numeric goal. The 2023 interim dry weather numeric goal for
the USMC HA is to effectively eliminate 40 percent of the anthropogenic dry
weather surface runoff from identified outfalls. The 2019-2020 WQIP Annual
Report states that anthropogenic dry weather surface runoff excludes
groundwater and other exempt or permitted non-storm water flows. The
County of San Diego and the City of San Marcos are currently monitoring
seven high priority persistently flowing outfalls within the USMC HA. Two
outfalls lie within the County of San Diego's jurisdiction and five outfalls lie
within the City of San Marcos. Table 4-3 of the USMC HA report identifies
the MS4 outfall discharge assessments, which report the total discharge
percent change from baseline. Page 25 of the USMC HA report identifies
that for the 2020 monitoring year the County of San Diego and the City of
San Marcos have reduced an estimated 24 percent of total flows since
2017. However, the analysis includes non-anthropogenic sources. It is
unclear how the County of San Diego and the City of San Marcos plan to
measure and report just the anthropogenic dry weather surface runoff from
the outfalls in order to be able to compare the measured percent flow
reductions against the WQIP dry weather numeric goals. The USMC HA
report identifies there are ongoing studies to identify suspected groundwater
influence, but it is unknown if the studies will help quantify how much of the
measured flow at the outfalls is groundwater and how much originates from
anthropogenic dry weather surface runoff.
Mr. Tim Murphy - 8 -May 28, 2021
Please submit written correspondence in response to this letter to
SanDiego@waterboards.ca.gov. Each electronic document must be submitted as a
single file, in Portable Document Format (PDF) format, and converted to text searchable
format using Optical Character Recognition (OCR). All electronic documents must
include scanned copies of all signature pages or other acceptable electronic signature
format. Electronic documents submitted to the San Diego Water Board must include the
following identification numbers in the header or subject line: PIN: 794838:MGarcia. For
questions pertaining to the subject matter, please contact me at (619) 521-8041 or
Mireille.Garcia@waterboards.ca.gov.
Sincerely,
David
David Gibson
Executive Officer
DG:kd:dtb:law:mg
cc: Carlsbad WMA WQIP Copermittees
ATTACHMENT E
Water Boards
San Diego Reg ional Water Quality Control Board
December 13, 2021
U-t G ,WlrJ NEWSOM ~ OOVERNOR
N,~ JARED BLUMENFELD l-..............~ SECRETARY FOR
~ ENVIRONMENTAL PROTECTION
Mr. Tim Murphy In reply refer to/attn:
Senior Program Manager
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Tim.Murphy@carlsbadca.gov
CW-794838:,MGarcia
Subject: San Diego Water Board Notice of Acceptance
Carlsbad Watershed Management Area Water Quality Improvement Plan
Update Dated September 1, 2021
The California Regional Water Quality Control Board, San Diego Region (San Diego
Water Board) has reviewed the final Carlsbad Watershed Management Area (WMA)
Water Quality Improvement Plan (WQIP) submitted on September 1, 2021 (WQIP
Update). The final Carlsbad WMA WQIP Update was jointly submitted by the Cities of
Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, Vista, and the
County of San Diego (Carlsbad Copermittees) as required by Order No. R9-2013-0001,
as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No.
CAS0109266, National Pollutant Discharge Elimination System (NOPES) Permit and
Waste Discharge Requirements for Discharges from the Municipal Separate Storm
Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (Order).
Provisions Band D of the Order describe the required elements that must be included in
Water Quality Improvement Plans for each WMA in the San Diego Region. The
Carlsbad Copermittees submitted an earlier version of the final WQIP Update on
February 1, 2021, as required in San Diego Water Board's 2017-2018 WQIP Annual
Report comment letter, dated November 1, 2019. However, based on later review of the
2019-2020 WQIP Annual Report, by letter dated May 28, 2021 the San Diego Water
Board required additional comments to be addressed in the WQIP Update.
Subsequently, the Carlsbad Copermittees revised the February 1, 2021, WQIP Update
and resubmitted it on September 1, 2021, as required.
The San Diego Water Board finds that the Carlsbad Copermittees addressed the
comments in section 3 of the May 28, 2021, comment letter in the WQIP Update. The
San Diego Water Board hereby accepts the September 1, 2021, WQIP Update and
finds it to be in compliance with Provisions B and D of the Order.
CELESTE C ANTU, CHAIR I D AVID G IBSON, EXECUTIVE OFFICER
2375 North side Drive, Suite 100, San Diego, CA 92108-2700 I www.waterboards.ca.gov/sandiego
ATTACHMENT E
Mr. Tim Murphy - 2 -December 13, 2021
Please submit written correspondence in response to this letter to
SanDiego@waterboards.ca .gov. Each electronic document must be submitted as a
single file, in Portable Document Format (PDF) format, and converted to text searchable
format using Optical Character Recognition (OCR). All electronic documents must
include scanned copies of all signature pages or other acceptable electronic signature
format. Electronic documents submitted to the San Diego Water Board must include the
following identification numbers in the header or subject line: PIN: 794838:MGarcia. For
questions pertaining to the subject matter, please contact me at (619) 521-8041 or
Mireille. Garcia@waterboards.ca .gov.
Sincerely,
David W.
Gibson
David Gibson
-~~~
\VattT · A?,1QP~
Executive Officer
DG: dtb:law: mg
cc: Carlsbad Copermittees