DATE: June 14, 2022
SUBJECT: OTAY RIVER ESTUARY RESTORATION PROJECT
Title
ORDINANCE GRANTING A THIRTY (30) YEAR EASEMENT TO POSEIDON RESOURCES (CHANNELSIDE) LP FOR ENVIRONMENTAL MITIGATION PURPOSES IN CONNECTION WITH THE OTAY RIVER ESTUARY RESTORATION PROJECT ADJACENT TO THE SAN DIEGO BAY NATIONAL WILDLIFE REFUGE IN SOUTH SAN DIEGO BAY
Body
EXECUTIVE SUMMARY:
The Otay River Estuary Restoration Project ("ORERP") is a restoration project located in south San Diego Bay that was planned in partnership with the United States Fish & Wildlife Service ("USFWS") and Poseidon Resources (Channelside) LP, a Delaware limited partnership ("Poseidon"). The goals of the ORERP are to implement the habitat restoration objectives of the USFWS 2006 San Diego Bay National Wildlife Refuge Comprehensive Conservation Plan and fulfill the applicable terms and conditions of the permits issued to Poseidon by the California Coastal Commission and San Diego Regional Water Quality Control Board for the Carlsbad Desalination Plant Project. In order to connect the restored habitat to the San Diego Bay, the northern levee of the project site, adjacent Pond 15 and as shown on Attachment A, will be breached to allow water to circulate throughout the habitat. The berm breach will impact District tidelands and completed pursuant to a separate administratively approved Right of Entry License Agreement between the District and Poseidon in the form attached to this agenda sheet as Attachment C. Following completion of the berm breach in accordance with the Right of Entry License Agreement, Poseidon will require an easement from the District covering 1.2 acres of submerged tidelands for the completed berm breach, resulting inlet channel, and continuing access, repair, monitoring, and maintenance purposes. Staff has negotiated a 30-year Easement for Environmental Mitigation Purposes with Poseidon in the form attached to this agenda sheet as Attachment B. Staff recommends the Board adopt an Ordinan...
Click here for full text