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Home My WebLink AboutIS051_MARINE FORESTS 13057 STATE OF CALIFORNIA—THE RESOURCES AGENCY i(/1/J),/iwE Tu FETE WILSON, Gowmor CALIFORNIA COASTAL COMMISSION a n 45 FREMONT, SUITE 2000 mit'hivW 01 SAN FRANCISCO, CA 94105.2219 pp p U VOICE AND TDD (415) 9045200 iTy OF WPORT BEAC14 July 9, 1996 VIAJUL 151998 Via Facsimile 7 ig i9 i1g iv 11211121314016 Mr. Tony Melum, Deputy Chief Mr. John Douglas,Environmental Coordinator City of Newport Beach, Marine Department City of Newport Beach,Planning Department P.O. Box 1768 P.O. Box 1768 Newport Beach, CA 92658-8915 Newport Beach, CA 92658-8915 Subject: Marine Forests Society(MFS) --Land use entitlement for existing development Dear Sirs: By letter dated March 29, 1996,the Commission staff requested written clarification of any land use entitlement(s) (e.g. ownership, leasehold etc.) and any other approvals granted by the City of Newport Beach to the MFS for the existing development(attached). To date,we have not received a written clarification regarding land use entitlements and/or,legal interest in the property upon which the existing development exists. According to the MFS,the existing development includes, but is not limited to: 2,000 kelp substrates (one gallon plastic jugs covered with plastic mesh,moored with nylon rope and secured with plastic anchors), 100 mussel columns(20 foot sections of PVC pipe,moored with nylon rope and secured with plastic anchors)and 1,500 scrap automobile tires(attached in various configurations,moored with nylon rope and secured with plastic anchors).' Other project-related materials have been generally described to include plastic jugs, Styrofoam,nylon fishing nets,.iron rods,polyethylene mesh, and PVC pipe. Project-related activities have taken place on at least three separate ten acre areas (Exhibit A). The coastal development permit application states that all project-related materials are at depths between-30 and-40 feet and have been or will be abandoned in-place. Our specific questions are as follows: 1) Has the City of Newport Beach granted a legal entitlement to the MFS to use the subtidal lands for the existing development? Yes_ No 1 The development includes a component that the CDP application defines as"diverse emits of canceled past experiments." The MFS has stated that they will=provide an itemized description of the"diverse units of canceled past experiments." The project description also includes a provision for on-site abandonment of all project-related materials that are no longer of use to the MFS. Mr.Tony Melum,Marine Department Mr.John Douglas,Planning Department Existing Development July 9, 1996 Page 2 " 2) By letter dated August 14, 1995, the City informed the Commission staff that its endorsement of an aquaculture research project over City tidelands was based on the assumption that the California Department of Fish and Game was to act as lead agency and was to issue and administer the lease. Does the City's 1987 conceptual endorsement of the MFS's Aquaculture Research Project remain in effect notwithstanding the fact that the Department of Fish and Game officially rescinded the MFS's conditional aquaculture lease in 1993? Yes No - f 3) The Tire Reef Demonstration Project includes the placement of 30,000 used automobile tires at water depths between-60 and-110 feet offshore from the City of Newport Beach. Does the March 27, 1995,Negative Declaration and Harbor Permit for the construction of the Tire Reef Demonstration Project constitute approval for the existing development? Yes—. No- 4) Does the City's Harbor Permit grant a legal interest to the MFS in the subtidal lands upon which the existing development is located? Yes— No If so,how long is the Harbor Permit valid? As you know the Commission will be discussing this issue tomorrow and if at all possible,we would appreciate a faxed response from the City today. If you have any question regarding this request, please contact me at(415) 904-5248. Our facsimile numbers are(415) 357-3787 or(415) 904-5400. Thank You. Sincerely, Darryl Rance Coastal Analyst enclosure cc: Rodolphe Striechenberger,MFS <c 25/msoffice/winword/Darryl/proof4.doe STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON,Gommor CALIFORNIA COASTAL COMMISSION 45 FREMONT SURE 2000 ( 41 FRANOSCO,CA 94105.2219 sM AND MD(41519U-5200 '•• March 29, 1996 Tony Melton,Deputy Chief Marine Division Fire and Marine Department P.O.Box 1768 Newport Beach, CA 92658-8915 Subject: Marine Forests Society (MFS)—Land use entitlement for existing development Dear Mr. Melum: By letter dated February 23, 1987,the Newport City Council endorsed an MFS aquaculture research project over City Tidelands. The California Department of Fish and Game (CDFG)was to act as lead agency and administer the lease. On June 15, 1987,the CDFG issued to the Marine Forests Corporation(Marine Forest Society) conditionally approved Aquaculture Lease,M-738-01. (� According to lease documentation,the MFS was authorized to culture experimentally specific plant and animal species and required to obtain all necessary government agency approvals. The existing development includes,but is not limited to: 2,060 kelp substrates (one gallon plastic jugs covered with plastic mesh,moored with nylon rope and secured with plastic anchors), 100 mussel columns (20 foot sections of PVC pipe,moored with nylon rope and secured with plastic anchors)and 1,500 scrap automobile tires(attached in various configurations,moored with nylon rope and secured with plastic anchors)) The MFS did=fulfill the explicit terms and conditions of the lease, including requirements to obtain regulatory approval(s) and meet aquaculture production requirements. In August, 1993,the CDFG officially rescinded Aquaculture Lease M-783-01. The Coastal Commission staff is currently reviewing a coastal development permit application, submitted by the MFS,for the above-described development on subtidal lands offshore the City of Newport Beach. The purpose of this letter to request written clarification of any land use entitlement(s)granted by the City of Newport Beach to the MFS for the existine development. The MFS asserts (1)that the February 23, 1987,City Council endorsement, as discussed above, confirms their legal interest to use the property for existing development and(2)that a conditionally approved harbor permit issued by the Newport Beach City Council on March 27, 1995, for a Tire Reef Demonstration Project, also constitutes an entitlement for the existing development. Upon review of l I The development includes a component that the CDP application defines as"diverse units of canceled past experiments." The MFS has stated that they will not provide an itemized description of the"diverse units of canceled past experiments." The project description also includes a provision for on-site abandonment of all project-related materials that are no longer of use to the MFS. Mr.Tony Melum,Marine Division Existing Development March 29, 1996 Page 2 the August 14, 1995, letter from your office regarding the City Council endorsement, the conditionally approved Harbor Permit and Negative Declaration for the Tire Reef Demonstration Project,the Commission staff is unable to confirm any land use entitlement issued by the City' of Newport Beach for development described herein. We would appreciate you researching your records and providing the Coastal Commission with a written clarification of any land use entitlement(s) or any other approvals granted by the City of Newport Beach to the MFS for the above described development. If you have any question regarding this request or would like to discuss other issues regarding-the MFS project,please contact me at (415) 904-5248. Sincerely, Daryl Rance Coastal Analyst cc: Rodolphe Streichenberger,President, Marine Forests Society LB Boydstun, Acting Chief, Marine Resources Division, CDFG 25/msofrice/winword/DarrYi/proof.doc Ektt�wr A Mrs L�As� srr�s ' W 4. 10, / W Lu rco Lr 19 V�� ^ UCL ul Z •� .y N N � // / N — T O i— `FI N O n 00 N — ' If ^�• f'1 N \ I N m 10 ,rr,lnu,uuluul ullnr�nr r • ,//n — lie ,, coi °� �`` 60 90 //�n �_•� uo \urr�ludu� uuhlul°ulqu�hrr/r r�l �• � �i �� \Pt \\a� 11 � ` l7 � •f I N tl� ti C• �`� w n •1 - �n`\�1 � N Y `/ `II u�G �F �� • .� qIr N NnNtiJ uuuZ , I OEPARIMEHI OF FISH AND CAME MARINE RESOURCES DIVISION ,• ''JUL 99 '96 63:32PM CA COASTAL COMM P.1/6 f0ri C09W 45 Fremont,Suite 2000, San Francisco,CA 94105-2219 ConmIIlisdon Date: ,/v67' �V9b FAX � . Number of pages including cover sheet: 0 �P� TDyy Hd'LuN"1 r1aAWIC 0e7o*A*4 To: ✓e N.J Ao y y G it Sj �ay�WiNy ftm: Energy and Occon Resources Unit Darryl Rance Phone: (71 ) (o`f`t— 3 x:5 D Phone: (415)904-5248 Fax phone: ('7 1-J (o 4.4- 3 xS0 Fax phone: (415)904-5400 o oL cc: (413 3s �s�try 104AM: LXl Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment ' JUL 09 '96 03:33PM CM CORSTOL COMM P 2/6 STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, G w"r CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105.2219 VOICE AND TOD (415) 904-5200 July9, 1996 Via Facsimile Mr, Tony Melum,Deputy Chief Mr. John Douglas,Environmental,Coordinator City of Newport Beach,Marine Department City of Newport Beach,Planning Department P.O.Box 1768 , P.O.Box 1768 Newport Beach, CA 92658-8915 Newport Beach, CA 92658-8915 Subject: Marine Forests Society(MFS)--Land use entitlement for existing development Dear Sirs: By letter dated March 29, 1996,the Commission staff requested written clarification of any land use entitlement(s)(e.g. ownership,leasehold etc,) and any other approvals granted by the City of Newport Beach to the MFS for the existing development(attached). To date,we have not received a written clarification regarding land use entitlements and/or legal interest in the property upon which the existin development exists. According to the MFS,the existin development includes,but is not limited to: 2,000 kelp substrates (one gallon plastic jugs covered with plastic mesh,moored with nylon rope and secured with plastic anchors), 100 mussel columns(20 foot sections of PVC pipe,moored with nylon rope and secured with plastic anchors) and 1,500 scrap automobile tires (attached in various configurations,moored with nylon rope and secured with plastic anchors).' Other project-related materials have been generally described to include plastic jugs, Styrofoam nylon fishing nets, iron rods,polyethylene mesh, and PVC pipe. Project-related activities have taken place on at least three separate ten acre areas (Exhibit A). The coastal development permit application states that all project-related materials are at depths between-30 and-40 feet and have been or will be abandoned in-place. Our specific questions are as follows: 1) Has the City of Newport Beach granted a legal entitlement to the MFS to use the subtidal lands for the existing development? yes_ No 1 The development includes a component that the CDP application defines as"diverse units of canceled past experiments." Tube MFS bas stated that they will not provide an itemized description of the"diverse units of canceled past experiments" The project description also includes a provision for on-site abandonment of all project-related materials that are no longer of use to the MFS. ' JUL 09 '96 03:33PM CA COASTAL COMM P.3i6 Mr.Tony Melum,Marine Department I&John Douglas,Planning Department Existing Development July 9, 1996 Page 2 2) By letter dated August 14, 1995,the City informed the Commission staff that its endorsement of an aquaculture research project over City tidelands was based on the assumption that the California Department of Fish and Game was to act as lead agency and was to issue and administer the lease. Does the City's 1987 conceptual endorsement of the MFS's Aquaculture Research Project remain in effect notwithstanding the fact that the Department of Fish and Game officially rescinded the MFS's conditional aquaculture lease in 1993? Yes„ No-- 3) The Tire Reef Demonstration Project includes the placement of 30,000 used automobile tires at water depths between-60 and-110 feet offshore from the City of Newport Beach. Does the March 27, 1995,Negative Declaration and Harbor Permit for the construction of the Tire Reef Demonstration Project constitute approval for the gxialim development? Yes No_, 4) Does the City's Harbor Permit grant a legal interest to the MFS in the subtidal lands upon which the existing development is located? YesL_ No_ if so,how long is the Harbor Permit valid?, As you know the Commission will be discussing this issue tomorrow and if at all possible,we would appreciate a faxed response from the City today. If you have any question regarding this request, please contact me at(415) 904-5248. Our facsimile numbers are(415)357-3787 or(415)904-5400. Thank You. Sincerely, Darryl Rance Coastal Analyst enclosure cc: Rodolphe Striechenberger,MFS 25/mmfficetwinwordMonyl/proof4.doc * JUL 09 '96 03:33PM CA COASTAL COMM P•4i6 STATE OF CALIFORNIA—THE RESOURCES AGENCY 9ETE WILSON,Governor CALIFOPKIA COASTAL COMMISSION AS FREMONT!,SUITE 2000 / 14 FRANCLSCO.CA 9A I052219 1 icE AND tpp(46190"200 March 29, 1996 Tony Melum,Deputy Chief Marine Division Fire and Marine Department P.O. Box 1768 Newport Beach, CA 92659-8915 Subject: Marine Forests Society(MFS) -Land use entitlement for exi� c�a development Dear Mr. Melum: By letter dated February 23, 1987)the Newport City Council endorsed an MFS aquaculture research project over City Tidelands. The California Department of Fish and Game(CDFG)was to act as lead agency and administer the Iease. On June 15, 1987,the CDFG issued to the Marine Forests Corporation(Marine Forest Society)conditionally approved Aquaculture Lease,M-738-01. CAccording to lease documentation,the MFS was authorized to culture experimentally specific plant and animal species and required to obtain all.necessary government agency approvals. The existine development includes, but is not limited to:2,000 kelp substrates (one gallon plastic jugs covered with plastic mesh,moored with nylon rope and secured with plastic anchors), 100 mussel columns (20 foot sections of PVC pipe,moored with nylon rope and secured with plastic anchors)and 1,500 scrap automobile tires(attached in various configurations,moored with nylon rope and secured with plastic anchors).' The MFS did=fulfill the explicit terms and conditions of the lease, including requirements to obtain regulatory approval(s) and meet aquaculture production requirements. In August, 1993,the CDFG officially rescinded Aquaculture Lease M-783-01. The Coastal Commission staff is currently reviewing a coastal development permit application, submitted by the MFS,for the above-described development on subtidal lands offshore the City of Newport Beach. The purpose of this letter to request written clarification of any land use entitlement(s)granted by the City of Newport Beach to the MFS for the existing development. The MFS asserts(1)that the February 23, 1997, City Council endorsement, as discussed above, confirms their legal interest to use the property for existing development and(2)that a conditionally approved harbor permit issued by the Newport Beach City Council on March 27, 1995, for a Tire Reef Demonstration Project,also constitutes an entitlement for the wing development. Upon review of I The development includes a component that the CDP application defines as"diverse units of canceled past experiments." The MFS has stated that they will la provide an itemized description of the"diverse units of canceled past experiments." The project description also includes a provision for on-site abandonment of all project-mlated materials that are no longer of use to the MFS. JUL 09 '96 03:34PM CA COASTAL COMM P.5i6 Mr.Tony Melum,Marine Division Existing Development ` March 29, 1996 page 2 the August 14, 1995, letter from your office regarding the City Council endorsement,the conditionally approved Harbor Permit and Negative Declaration for the Tire Reef Demonstration Project,the Commission staff is unable to confirm any land use entitlement issued by the City of Newport Beach for development described herein. We would appreciate you researching your records and providing the Coastal Commission with a written clarification of any land use entitlement(s) or any other approvals granted by the City of arding Newport Beach to the MFS for the above described development. If you haveany question re me a this request or would like to discuss other issues regarding the MFS project,please at (415) 904-5248. Sincerely, Darryl Rance z Coastal Analyst f c: Rodol he Streichenberger,President,Marine Forests Society c P LB Boydstun, Acting Chief, Marine Resources Division, CDFG 2simsof&c/winwotdM yl/proof doc ' JUL 09 '96 03.34PM CA COASTAL COMM P.6/6 EydIa/T R L sn5.15 S� / 41 ` ♦•;mho_ [;:Jj�,�� a. \ EM71rri.. �,.,,•• r ' Zs Q W "l •M1 �ryC IV / i Z n 1 :� U a' U —.l w Q z � n ! T n m 7a Ill�lu•lun1 nl....�4 f!! O `\ go 90 % /o11�lulpl un�uniq.. / I� ul cl 13 !: C •r• 1 N l.lic� It A DEPAR114ERI OF FISH AND CAME MARINE RESOURCES Divl%IOH R,