Court denies injunction request to halt plans to fill in wetlands area

By: BARBARA HENRY - Staff Writer | Friday, January 7, 2005 10:27 PM PST ∞

SAN DIEGO ---- Saying there was no evidence that the U.S. Army Corps of Engineers acted in an "arbitrary and capricious manner" in issuing a wetlands permit for a Carlsbad business park project, a federal court judge tentatively denied a preliminary injunction request Friday filed by an environmental group.

"Frankly, I'm not certain there's a satisfactory solution that satisfies every interest," U.S. District Court Judge Roger T. Benitez said as he discussed the case in his San Diego courtroom.

While the Corps' decision to issue the permit for the Carlsbad Oaks North business park may not make everybody happy, the Corps has the authority make the decision and "the (court) record supports the decision they have made," he said. He added he would issue a written document later confirming his verbal statement in court.

A local environmental group, Preserve Calavera, had argued that the Corps did not thoroughly review the plans for the project, a planned 415-acre site along the city's border with Vista near Palomar Airport Road. The group contends that the federal agency should have looked at other alternatives, including one that would not impact the creekside area at all.

The Corps' permit will allow developer TechBilt Construction Co. to put fill dirt into 2.7 acres of a wetlands area and insert part of La Mirada Creek into a culvert. The creek work is part of a flood control project the city is requiring the developer to do to reduce downstream flooding problems at the Rancho Carlsbad Mobile Home Park.

Because of various environmental issues associated with the site, the developer cannot build on 219 acres out of the 415-acre parcel. TechBilt plans to put 22 pads for industrial users on the remaining land.

Work was slated to start in December, but was delayed by the court case.

Speaking after Friday's court decision, company Vice President Ted Tchang said he was pleased by the judge's decision and added that work would start as soon as weather would allow.

"We think the court made the right decision," he said.

The attorney for Preserve Calavera, Everett DeLano, called the judge's decision a "disappointment," but said the group will continue its case against the creekside project.

"You take your dips, you take your victories," he said.

Preserve Calavera's Diane Nygaard said wetlands areas are critical to the region's animals and plants, and that filling part of one in is a horrible idea.

"We can't say we're protecting (the Calavera region in eastern Carlsbad) and allow the deterioration of the wetlands," she said.

The group's lone attorney and his aide in the court room faced off against a table full of attorneys for the defense. In addition to representatives for the Army Corps and the developer TechBilt, the city of Carlsbad sent two attorneys.

Carlsbad's assistant city attorney, Jane Mobaldi, told the judge that Carlsbad is counting on the development to pay for and build two much-needed roadway extensions ---- Faraday Avenue and El Fuerte Street. The project also is tied into two nearby business park projects that are handling the extension of Melrose Drive. Without those roadways, regional commuters will suffer, she said.

Contact staff writer Barbara Henry at (760) 901-4072 or bhenry@nctimes.com.

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