HomeMy WebLinkAbout1131 BACK BAY_NEWPORT DUNES1111111111111111111111111111111111111111111111,
*NEW FILE*
1131 Back Bay
STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
'CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 8
•=f 2000ceangate,Suite 1000 Date: May 13, 2008 '
Long Beach, CARROF ae:
BY y
(562)590ONNING DEPARTMENT Permit No: 5-07-125
MAY 19 2008 COASTAL DEVELOPMENT PERMIT
CITY OF NEWPORT BEACH
On 5 September 2007, the California Coastal Commission granted to County Of
Orange, Watershed & Coastal Resources, Attn: Susan Brodeur, P.E. Coastal
Development Permit 5-07-125, subject to the attached Standard and Special
Conditions, for development consisting of: Consistency Certification CC-029-07:
Off -shore disposal of up to 177,000 cubic yards of dredge material.
Coastal Development Permit 5-07-125: Temporarily install a 150 foot long dock
attached to an existing marina to moor boats to accommodate dredging of up to
177,000 cubic yards from navigational channels, shoaled areas under docks,
swimming/small craft boating lagoon and areas adjacent to storm drain outlets to
design depths varying from -7 ft. MLLW in the swimming/small craft boating lagoon
to -8 ft. MLLW in the marina and boat dock areas; with off -shore disposal at LA-3.
More specifically described in the application file in the Commission offices.
The development is within the coastal zone'in Orange County at Newport Dunes
Waterfront Resort, 1131 Back Bay Drive, Newport Beach.
Issued on behalf of the California Coastal Commission on May 13, 2008.
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By: c.��T
Titl : oastal Program Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liable for injury caused by the
issuance ... of any permit . . . " applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 2 of 8
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment., The permit is not valid and
development shall not commence until a copy, of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1. California State Lands Commission: PRIOR TO ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, applicant shall provide to the Executive
Director written evidence from the California State Lands Commission that the
proposed development is consistent with the terms and conditions of any
applicable tidelands grant as well as a copy of any permit issued by the California
State Lands Commission, or letter of permission, or evidence that no permit or
permission is required. The applicant shall inform the Executive Director of any
changes to the project required by the California State Lands Commission. Such
changes shall not be incorporated into the project until the applicant obtains a
Commission amendment to this coastal development permit, unless the
Executive Director determines that no amendment is legally required.
_t
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 3 of 8
2. Construction Responsibilities: Dredging activities authorized under this CDP
shall comply with the following construction -related requirements:
a. No construction materials, debris, waste, oil or liquid chemicals shall be
placed or stored where it may be subject to wave erosion and dispersion,
stormwater, or where it may contribute to or come into contact with
nuisance flow;
b. If turbid conditions are generated during construction a silt curtain shall be
utilized to minimize and control turbidity to the maximum extent
practicable;
c. The discharge of any hazardous materials into the harbor or any receiving
waters shall be prohibited;
d. Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible but
no later than the end of each day.
e. Non -buoyant debris discharged into coastal waters will be recovered by
divers as soon as possible after loss.
3. Staging Area for Construction
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,
the applicant shall submit a plan for the review and approval of the
Executive Director which indicates that the construction staging area(s)
will avoid impacts to beach areas or to sensitive habitat areas.
The plan shall demonstrate that:
(a) Construction equipment or activity shall not occur outside the
staging area
(b) Public parking areas shall not be used for staging or storage of
equipment
(c) Sandy beach or habitat (vegetated) areas shall not be used as
staging areas
(d) The staging area for construction of the project shall not obstruct
vertical or lateral access to the beach, marina or other recreational
facilities
2. The plan shall include, at a minimum, the limits of the staging
area(s) and location of construction fencing and temporary job trailers, if
any.
B. The. ,permittee shall undertake development in accordance with the
approved final plans. Any proposed changes to the approved final plans
shall be reported to the Executive Director. No changes to the approved
final plans shall occur without a Commission amendment to this coastal
development permit unless the Executive Director determines that no
amendment is legally required.
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 4 of 8
4. Maintenance dredging proiect limits:
A. For this CDP the term dredging operations shall mean: navigation of the
dredging vessel at the dredging site, excavation of dredged material within
the project boundaries, and placement of dredged material into a hopper
dredge or disposal barge or scow.
B. Under this CDP, dredging operations are limited to -8 feet MLLW with a 2 feet
allowable overdraft. Discharge of material dredged from below —10 feet
below MLLW (dredging design depth plus overdredge depth), which
represents the characterization depth, or dredged from outside the project
boundaries (as shown on attached Exhibit 4), is not authorized by this CDP.
C. Dredging operations authorized in this permit shall be limited to the areas
identified on the plan titled "Plans for Maintenance Dredging of Newport
Dunes Marina and Lagoon" and dated February 23, 2006 as shown in Exhibit
4. No dredging operation is authorized in any other location under this
permit. No more that 177,000 cubic yards of dredged material is authorized
for dredging operations.
5. Turbidity Control
The applicant shall ensure that the project does not result in: 1) increases of
water turbidity by more than twenty percent (20%) of the natural turbidity during
non -storm conditions, nor 2) dissolved oxygen in the receiving waters being
depressed below 5.0 mg/l.
6. Timing of Construction
To avoid adverse impacts on breeding California least tern, Belding's savannah
sparrow and light-footed clapper rail, construction shall not occur between and
including March and September. However, the permittee may undertake
construction during this period upon obtaining a written statement of the
Executive Director authorizing construction on specified dates. To obtain such a
determination, the permittee must submit a declaration from the Department of
Fish and Game stating that construction on the specific dates proposed will not
cause adverse impacts to any sensitive or endangered species. The declaration
must contain an assessment of the breeding and nesting activities of California
least tern, Belding's savannah sparrow and light-footed clapper rail found in the
area and a statement that the construction activity on the specific dates proposed
will not interfere with the breeding and nesting activities of the California least
tern, Belding's savannah sparrow and light-footed clapper rail. Should such a
determination be granted, an appropriately trained biologist shall monitor the
proposed development as Indicated in Special ConditionV,
-t
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 5 of 8
7. Biological Monitor
An appropriately trained biologist shall monitor the proposed development for
disturbance to sensitive species or habitat area. At minimum, monitoring shall
occur once a week during any week in which construction occurs. Daily
monitoring shall occur during development which could significantly impact
biological resources such as dredging or construction that could result in
disturbances to the California least tern, Belding's savannah sparrow and light-
footed clapper rail. Based on field observations, the biologist shall advise the
applicant regarding methods to minimize or avoid significant impacts, which
could occur upon sensitive species or habitat areas. The applicant shall not
undertake any activity, which would disturb sensitive species or habitat area
unless an amendment to this coastal development permit for such disturbance
has been obtained from the Coastal Commission.
8. Eel Grass Mitigation
A. Compliance with Eelgrass Mitigation Plan. The applicant shall implement and
comply with the recommendations and mitigation contained within Newport
Dunes Eelgrass Survey prepared in February 2005 prepared by Chambers
Group, Inc. and Eelgrass Mitigation and Monitoring Plan for the Newport
Dunes Maintenance Dredging Project, Newport Beach, CA dated June 2007
prepared by Chambers Group, Inc. as they pertain to the development that is
the subject of this coastal development permit. The mitigation plan shall be
undertaken in full compliance with the "Southern California Eelgrass
Mitigation Policy" (SCEMP) Revision 8 (except as modified by this condition)
adopted by the National Marine Fisheries Service. All impacts to eelgrass
habitat shall be mitigated at a ratio of 1.2:1 (mitigation: impact). The
exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not
apply. Eelgrass from the donor site(s) shall be transplanted at the proposed
transplantation location(s) prior to commencement of the development
authorized under this permit. Any changes to the approved mitigation plan,
including but not limited to changes to the monitoring program to ensure
success of the eelgrass mitigation site, shall require an amendment to this
permit from the Coastal Commission or written concurrence from the
Executive Director that the changes do not require a permit amendment.
B. Pre -construction Eelgrass Survey. A valid pre -construction eelgrass survey
shall be completed during the period of active growth of eelgrass (typically
March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of
active growth. The survey shall be prepared in full compliance with the
"Southern California Eelgrass Mitigation Policy" Revision 8 (except as
modified by this condition) adopted by the National Marine Fisheries Service
and •shall be prepared in consultation with the California Department of Fish
and Game. The applicant shall submit the new eelgrass survey for the review
and approval of the Executive Director within five (5) working days of
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 6 of 8
completion of the new eelgrass survey and in any event no later than fifteen
(15) working days prior to commencement of construction. If the new survey
identifies, within the proposed project area, any eelgrass which is not
documented in the eelgrass survey described in Special Condition No. 8.A.
above, the newly identified eelgrass shall be transplanted prior to
commencement of construction at a 1.2:1 ratio at the same transplantation
locations identified in the eelgrass mitigation plan described in Special
Condition No. 8.A. above. The transplantation shall occur consistent with all
provisions of the mitigation plan described in Special Condition B.A. above.
C. Post -construction Eelgrass Survev. After completion of project construction,
the applicant shall survey the project site to determine if any eelgrass was
adversely impacted. This post -construction survey shall be completed in the
same month as the pre -construction survey during the next growing season
immediately following the completion of construction within coastal waters.
The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this condition)
adopted by the National Marine Fisheries Service and shall be prepared in
consultation with the California Department of Fish and Game. The applicant
shall submit the post -construction eelgrass survey for the review and
approval of the Executive Director within thirty (30) days after completion of
the survey. If any eelgrass has- been impacted, the applicant shall replace
the impacted eelgrass at a 1.2:1 ratio at the transplantation site and in
accordance with the mitigation plan described in Special Condition No. B.A.
above.
9. Pre -construction Caulerpa Taxifolia Survev
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal
development permit (the "project'), the applicant shall undertake a survey
of the project area and a buffer area at least 10 meters beyond the project
area to determine the presence of the invasive alga Caulerpa taxlfolia.
The survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional
Water Quality Control Board, the California Department of Fish and Game,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant
shall submit the survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may
be contacted through William Paznokas, California Department of Fish
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 7 of 8
& Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the
applicant shall not proceed with the project until 1) the applicant provides
evidence to the Executive Director that all C. taxifolia discovered within
the project and buffer area has been eliminated in a manner that complies
with all' applicable governmental approval requirements, including but not
limited to those of the California Coastal Act, or 2) the applicant has
revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved
amendment to this coastal development permit unless the Executive
Director determines that no amendment is legally required.
10. Post Completion Report
The Permittee shall submit a post -dredging completion report to the Executive
Director of the Commission within 30 calendar days after completion of dredging
project to document compliance with all general and special conditions defined in
this permit. The report shall include all information collected by the Permittee, the
biological monitor, the dredging operations inspector and the disposal operations
inspector or the disposal vessel captain as required by the special conditions of this
permit. The report shall indicate whether all general and special permit conditions
were met. Any violations of the permit shall be explained in detail. The report shall
further include the following information:
1) Permit and project number.
2) Start date and completion date of dredging and disposal operations.
3) Total cubic yards disposed at the authorized disposal site(s).
4) Mode of dredging.
5) Mode of transportation.
6) Form of dredged material.
7) Frequency of disposal and plots of all trips to the authorized disposal
site(s).
8) Tug boat or other disposal vessel logs documenting contact with the
USCG before each trip to the authorized ocean disposal site.
9) A certified report from the dredging site inspector indicating all general and
special permit conditions were met. Any violations of the permit shall be
explained in detail.
10)Pre-dredging hydrographic survey.
11)A detailed post -dredging hydrographic survey of the dredging area. The
survey,.- .shall show areas above the dredging design depth shaded green,
areas between the dredging design depth and overdredge depth shaded
yellow, areas below overdredged depth that were not dredged or areas
that were deepeF than the overdredge depth before the project began as
indicated on the predredging survey shaded blue, and areas dredged below
the overdredge depth or outside the project boundaries shaded red. The
COASTAL DEVELOPMENT PERMIT
No. 5-07-125
Page 8 of 8
methods used to prepare the post -dredging survey shall be the same
methods used in the predredging condition survey. The survey shall be
signed by the Permittee certifying that the data are accurate.
G:IPERMITS12007 parmits15.07.125 county of orange permit.doG
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ORANGE COUNTY
RESOURCES AND DEVELOPMENT
MANAGEMENT DEPARTMENT
SANTAANA, CAUFORNIA
BRYAN G. SPEEGLE, DIRECTOR
PLANS FOR MAINTENANCE DREDGING
OF
NEWPORT DUNES MARINA
AND LAGOON
SEPTEMBER 2007
FUNDED BY: RDMD / HARBORS, BEACHES, AND PARKS
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