Developer Seeks to Dam Lagoon in Carlsbad

A major developer and a private foundation are asking the California Coastal Commission for permission to seal off the mouth of Batiquitos Lagoon in Carlsbad, trapping more water in the often dry 600-acre pond.

An application seeking a 5-foot-high cobblestone berm at the lagoon’s coastal opening comes from Hillman Properties, which is building the huge Aviara resort hotel and housing development overlooking the lagoon, and a private group, the Batiquitos Lagoon Foundation.

The berm would replace a natural one that was torn down several years ago and would “stabilize the habitat and hopefully keep water in the lagoon during the summer months,” according to Gary Wayne, assistant planning director for Carlsbad, which owns part of the lagoon.

However, the Sierra Club is wary of the proposed berm, recalling that last year Hillman Properties, acting on its own without authorization, plugged the lagoon’s opening to maintain a scenic view for prospective home buyers.

“I haven’t seen any indication of Hillman representatives having an environmental born-again experience,” said Joan Jackson, the Sierra Club’s local spokeswoman.

Carlsbad filed the application with the commission late last week on behalf of Hillman Properties and the foundation, a nonprofit group that seeks to preserve the lagoon. The request is also being considered by the state Department of Fish and Game and other government agencies concerned with protecting the lagoon.

The 20-yard-long berm “effectively dams off the mouth of the lagoon,” said Paul Webb, a coastal planner with the commission. “It would be highly visible.”

The proposal comes along as the Sierra Club and the Audubon Society are suing in San Diego Superior Court to block a $30-million plan to dredge 2.2 million to 3.1 million cubic yards of material from the stagnating lagoon.

Approved by the commission, the dredging plan is envisioned to open the lagoon to ocean tidal flushing, stop it from filling up with sediment and improve wildlife habitat. Supporters regard dredging as the long-term plan to restore the lagoon.

Environmental groups argue that the dredging would be highly experimental and could harm the lagoon by covering shallow wetland habitat with sea water. The lagoon is the seasonal home to rare and endangered species.

While efforts to settle the lawsuit remain at an impasse, the proposed berm is advocated as a short-term solution to keep the lagoon from drying up during the summer.

Although Wayne said Carlsbad is neutral on the application, the city would favor closing the lagoon’s mouth if state and federal agencies agree that the berm would benefit the lagoon’s sensitive environment. Because the city owns the west end of the lagoon, the property owners must file through city officials.

“If it makes sense biologically, fine,” Wayne said.

In the past, ocean tidal and wave action created a natural berm from cobbles situated at the point where the lagoon meets the sea.

That berm worked so well in keeping water in the lagoon that nearby streets nearly flooded during heavy rains, and some nesting areas were threatened with inundation.

So the berm was removed to protect nesting areas and guard against flooding.

“Because the berm has been removed,” says the application, “the lagoon water continues to drop in elevation, the source of water, i.e., precipitation, ceases and the lagoon drains completely.”

Now that the flood emergency has passed, Hillman Properties and the foundation believe the berm should be rebuilt to assure that the lagoon won’t stay dry. It will take too long to wait for tidal and wave action to replace the cobblestones, so the berm should be man-made, according to the application.

Supporting the application are state Sen. William Craven, R-Oceanside, and Assemblyman Bob Frazee, R-Carlsbad.

Sierra Club spokeswoman Jackson said it’s too soon for environmental groups to either support or oppose the berm until experts determine how the structure would affect the lagoon’s environment.

“We’re going to to be concerned, and we’re going to make sure there’s proper scientific review by wetlands ecologists,” she said.

Jackson is skeptical of the motive for seeking a berm after Hillman Properties tried to block the lagoon’s mouth with riprap to make sure water remained visible from Aviara.

Hillman Properties is developing a resort hotel and about 2,000 homes on the lagoon’s north shore.

“They’re trying to build a world-class resort,” Wayne said. “They’re having some problems with looking at a mud flat during summer.”