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HomeMy WebLinkAboutM2013-00131 C�;%- 22 Z;. �ECEIVEp 9 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY Y EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION"""Vily Page 1 of 6 South Coast Area Office MAR e� 200 Oceangate, Suite 1000 2013 Date: -March 22, 2013 Long Beach, CA 90802-4302 (562) 590-5071 Permit No: 5-12-178 0 DEVELOPMENT G.Z. COASTAL MUELOPMENT PERMIT On November 15, 2012, the California Coastal Commission granted to John Abell IV & Carol Helou Coastal Development Permit 5-12-178, subject to the attached Standard and Special Conditions, for development consisting of: Installation of new dock comprised of a pie_ r and 10' x 10'8" pier platform, 3.5' x 24' gangway, 22' x 10' floating dock, and one 16 inch pile and two 12 inch piles. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 2222 Channel Road, Newport Beach, APN: 048-301-09. Issued on behalf of the California Coastal Commission on March 22, 2013. CHARLES LESTER By: Executive Director Title: oastal Program Analyse ACKNOWLEDGMENT 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 Please sign and return one copy of this form to the Commission office at the above address. . COASTAL DEVELOPMENT PERMIT No 5-12-178 Page 2of6 STANDARD CONDITIONS 1. 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. 5. 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: Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zoestera marina) 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 special 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 eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new Coastal Development Permit. COASTAL DEVELOPMENT PERMIT No. 5-12-178 Page 3 of 6 B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special 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 minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new Coastal Development Permit unless the Executive Director determines that no amendment or new permit is required. 2. Pre -construction Caulerpa Taxilfolia Survey 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 applicants 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 Taxilfolia. 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 applicants shall submit the survey: L for the review and approval of the Executive Director; and ii. 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 & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa Taxilfolia is found within the project or buffer areas, the applicants shall not proceed with the development approved under this Coastal Development Permit until 1) the applicants provide evidence to the Executive Director that all C. Taxilfolia discovered within the project area and all C Taxilfolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including COASTAL DEVELOPMENT PERMIT No. 5-12-178 Page 4 of 6 but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. Taxilfalia. 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. Construction Responsibilities and Debris Removal. The permittee shall comply with the following construction related requirements: A. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. B. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. C.. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. D. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal -zone. E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. F. 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. G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. I. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. K. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. L. Machinery and, equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. M. The discharge of any hazardous materials into any receiving waters shall be prohibited. COASTAL DEVELOPMENT PERMIT No. 5-12-178 Page 5 of 6 N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. O. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. P. All BMPs shall be maintained in a functional condition throughout the duration 'of construction activity. 4. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A. Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. B. Solid and Liquid Waste Management Measures: 1. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall not :at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. C. Petroleum Control Management Measures: 1. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine -to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to COASTAL DEVELOPMENT PERMIT No. 5-12-178 Page 6 of 6 prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. Public Rights. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may .exist on the subject property including, but not necessarily limited to, the tidelands and submerged lands lying beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 6. Revised Final Project Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two (2) sets of revised final project plans with the City of Newport Beach Harbor Resources Department approval. The revised project plans shall be in substantial conformance with the plans submitted on October 3, 2012, except they shall be modified as generally depicted in Exhibit 4 to the staff report to avoid eelgrass impacts by 1) modifications to the width or length of the dock float; and 2) removal of the proposed 10' x 10'8" pier platform. 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. Documentl Printed on March 22. 2013 E-T.�Fd�t, �,."',. /yam • 0 ---- >/ 6 '9tATFS De' � • • Regulatory Division John B. Abell 148 West Orange Street Covina, California 91723 Dear Mr. Abell: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 10, 2013 Reference is made to your request (Corps File No. SPL -2012 -00474 -SME), dated March 14, 2013, for a Department of the Army (DA) authorization to construct the 2222 Channel Road Boat Dock Construction Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached Figures 1-4. Specifically, you are authorized to conduct the following regulated activities: 1. Install a new 4.5 -foot by 12.7 -foot pier platform (approximately 56 square feet) decked with Globalgrid Mini -Mesh grating set back three feet from the southern property line to accommodate existing eelgrass beds (Figures 3 and 4); 2. Install a new 3.5 -foot by 24 -foot gangway (approximately 84 square feet) decked with Globalgrid Mini -Mesh grating and set at a slight angle to avoid existing eelgrass (Figures 3 and 4); 3. Install anew floating dock that shall be 18.5 feet long by 10 feet wide on the northern end and 5.5 feet wide on the southern end (approximately 138.9 square feet) decked with Tibertech solid decking (Figures 3 and 4); 4. Install two new 12 -inch square concrete piles to support the floating dock (Figures 3 and 4); and 5. Install one new 14 -inch square concrete t -pile to support the pier (Figures 3 and 4). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached pages to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction), M Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fitlly described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@a usace.arm.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: httv://Per2.nwy.usace.gmiy.mil/sIoLey.html. Enclosures FERMI TE Sincerely, Ual'4 CA- Veronica C. Chan Senior Project Manager Transportation and Special Projects Branch -7 / / L %J3 DATE K When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. IRANSFEREE DATE i 1 UVVkv ri. 8-.Iw o��f� - - � Nlanra l;W Noonl��ca GGCI.L �AII�I I �k "Water Boards t'Ivl -]f MlMlwl -'hi' et.tll>r- Santa Ana Regional Water Quality Control Board �r- 0 TH September 24, 2012 e -g ct S 2-013 Lisa E. Miller n be-% Shellrnaker Inc. 837 West. 17th Street Costa Mesa, CA 92627 CLEAN WATER ACT SECTION 401 WATER QUALITY STAN ARDS CERTIFICATION FOR THE.ABELL AND HELOU PIER PROJ CT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA (A OE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302012-25) Dear Ms_ Miller: On June 26, 2012, we received an application for Clean Water ct Section 401 Water Quality Standards Certification ("Certification") from Shellmaker �nc. on behalf of Mr. John Abell and Mr. Carol Helou (Applicants) for dock construction projects at 2218 and 2222 Channel Road within the City of Newport Beach. This letter responds to your request for certification that the proposed project, described in your application, will comply with State water quality standardo outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent Basin Plan amendments: i Project D ggi tion. The project consists pf replacement of an existing pier, gangways and floating dock with two new piers, gangways, and floating docks. The property sere d by the existing pier has been subdivided into two separate properties, one at 2218 C lannel Road (Helou residence), and one at 2222 Channel Road (Abell residence) No dredging is proposed, i The work will take place within Section 22 of Township 6 South, ange 10 West, of the U.S. Geological Survey Newport Beach quadrangle map (33" 35- 9' N/ -117" 52.95'W). Receiving water' Lower Newport Bay Fill area: 0.0112 acre of permanent impact to marine environment, 0.0703 acre of temporary impact to murine environment t.A1111yF H. 1.3LoW1[:K, 4.HAll1 I '(1.191 V, DEI1i.H?SjL[j, !-x!{:U7Pli ,71 z IGEf'ti - 3737 nnall' St., 91,u� 54U, Rlogivtla, [7A V2aol www .wat* rbaard r-.r,&avls an riana �?omr. n:uorarEl. , z abed .` i.o:o[ EL -L -JOIN ` 5LEg8V9 6t,6 !OUT ,a8N0WTT8gS :A9 1UaS HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock, pier and gangway. Replace with 1-14" concrete "T" pile and 2-12" concrete pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Propertv Address: 2222 Channel Road Legal Description: Harbor Permit Number: 107-2222 Plan Check Number: 1489-2011 Applicant: John Abell Applicant's Mailing Address: 2222 Channel Road, Newport Beach CA 92661 Phone Number: 949-548-5359 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find ❑ They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ! That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. sa Walters, Harbor Resou March 11, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Souf € C cjsj Legion CHANNEL ROAD MAR 1 5 2013 CALIFORNIA ' ' . N 140857 W --- — € i L--OM1MISSl lid - ------------ -------------- 35.00' 36.00' 1 ' I OWASOURCES E r--__________- Z i 2222 CITY OF NEWPORT BEAT � � I I � � � I to 1 I� w , € r G+ I Im I z I- �N j I Iw j J I I I L EEL GRASS INSPECTION ! * Eelgrass within 15' of project Eelgrass within 15 - 30' of project I I No E Ig in^pro�ect area o'er [ €� NOTE [ , I FOORINT OF I THE PTPROPOSED Signature NO AREA OF EELGRASS I HOOSE, BY I O 3l i 1 3 1y�Cis HAS BEEN IMPACTED I , OIHARS, UNDER to BY THE PROPOSED I SEP AT PLAN I I+tx-7 DEVELOPMENT. i o j CHECK Inspection Date & Time ,ol IaL------------ J 43 SO FT - _ (N) EELGRASS FIELD - LG WD GANGWAY 3500' a'-6" s' -o 10'-3" U.S. BULKHEAD LINE _ (N) 56 50 FT PIER = 108 SO FT EELGRASS FIELD (N) 14" SO - - _ - CON PILE - - NC PILE AT) DOCK (TOTAL OF 2) ❑ PROLONGATION OF O - I� PROPERTY LINE - - - -- - - (N)139 SO FT _ .FLOATING DOCK _- _ - - 7276 SO FT - _ EELGRASS FIELD I PROLONGATION - PROPERTY LINE U.S. PIERHEAD LINE �5 NEWPORT BAY INI LAYOUT OVERLAID WITH EELGRASS MAP I N.T.S. 0 U. CHANNEL ROAD z 2222 i HARBOR RESOURCES D . to CITY OF NEWPORT BEA(.H 1 ,z I iJ N 14'08'57" W_—___. 35.00' 36.00' Im I -------------- i I PROPERTY LINE M z 2222 i HARBOR RESOURCES D . to CITY OF NEWPORT BEA(.H 1 ,z I iJ I IN] LAYOUT OVERLAID WITH EELGRASS MAP I N.T.S. Im I 1 to I�� 1 b I I I Iw I 1 1 j I I I EEL, CRASS INSPECTION L O lEelgrass within 1 5' of project I] ,�elgrass within 15 a 30' of project ❑ �lo Eel rass in groject area NOTE signature : NO AREA OF EELGRASS FO FOOTPRINT OF ' 1 THE PROPOSED I 'p ^ Id I HAS BEEN IMPACTED BY THE PROPOSED I HOUSE. BY _ I 1 OTHERS. uNOER 1 SEPARATE PLAN I to 1 o�T: Inspection ®ate ®t Time p ® DEVELOPMENT. CHECK P IC�i� I IN] LAYOUT OVERLAID WITH EELGRASS MAP I N.T.S. Santa Ana Regional Water Duality Control Board PC /fi r September 24, 2012 9 Ne -lou Lisa E. Miller 2:2.2_ z be. V Shellmaker Inc. 837 West 17th Street Costa Mesa, CA 92627 CLEAN WATER ACT SECTION 401 (WATER QUALITY STAN ARDS CERTIFICATION FOR THE.ABELL AND HELOU PIER PROJ CT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA (A OE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302012-25) Dear Ms_ Miller: On June 26, 2012, we received an application for Clean Water A ct Section 401 Water Quality Standards Certification ("Certification") from Shellmaker Inc. on behalf of Mr. John Abell and Mr, Carol Helou (Applicants) for dock construction projects at 2218 and 2222 Channel Road within the City of Newport Beach. This letter responds to your request for certification that the proposed project, described in your application, will comply with State water quality standardo outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin, Plan) and subsequent Basin Plan amendments: Project Description' The project consists pf replacement of an existing pier, gangwaya and floating dock with two new piers, gangways, and floating docks. The property sere d by the existing pier has been subdivided into two separate properties, one at 2218 C lannel Road (Helou residence), and one at 2222 Channel Road (Abell residence). No dredging is proposed. The work will take place within Section 22 of Township 6 South, ange 10 West, of the U.S. Geological Survey Newport Beaoh quadrangle map (330 35. 9' N/ -117° 52.95'W). Receiving water_ Lower Newport Bay ' Fill area: 0.0112 acre of permanent impact to m1arine environment, 0.0703 acre of temporary impact to murine environment l:AlWLr.. H. ULSWIC:n. GHaul I i\\.AI V. f3 F.Ii..r1i �1Lf.�• JALCUTIVE \ax IGEf4j 3757 Mail' $;,, ;il.lre 500• HWO(51da• CA ,1�p01 www.wntFr6aaxslr.. r;y,pa V(:; ar57, 1j17i, R? rrr. Yl:\1 n rargil Z abed ! 10:0[ E L-/--JUIN ` S Grt s@vs 6V6 `OUI J9siewTT8g8 :A9 �u85 �+ I:IY\.Vk4 ��. ii nrSwn .fw n 9 M 1 R Boards 6NCwCI1.L1xYALlW1�. fUarU/CE IiWater RtivlrrJNMR�I�r r'I.ire r.r.r�rr Santa Ana Regional Water Duality Control Board PC /fi r September 24, 2012 9 Ne -lou Lisa E. Miller 2:2.2_ z be. V Shellmaker Inc. 837 West 17th Street Costa Mesa, CA 92627 CLEAN WATER ACT SECTION 401 (WATER QUALITY STAN ARDS CERTIFICATION FOR THE.ABELL AND HELOU PIER PROJ CT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA (A OE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302012-25) Dear Ms_ Miller: On June 26, 2012, we received an application for Clean Water A ct Section 401 Water Quality Standards Certification ("Certification") from Shellmaker Inc. on behalf of Mr. John Abell and Mr, Carol Helou (Applicants) for dock construction projects at 2218 and 2222 Channel Road within the City of Newport Beach. This letter responds to your request for certification that the proposed project, described in your application, will comply with State water quality standardo outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin, Plan) and subsequent Basin Plan amendments: Project Description' The project consists pf replacement of an existing pier, gangwaya and floating dock with two new piers, gangways, and floating docks. The property sere d by the existing pier has been subdivided into two separate properties, one at 2218 C lannel Road (Helou residence), and one at 2222 Channel Road (Abell residence). No dredging is proposed. The work will take place within Section 22 of Township 6 South, ange 10 West, of the U.S. Geological Survey Newport Beaoh quadrangle map (330 35. 9' N/ -117° 52.95'W). Receiving water_ Lower Newport Bay ' Fill area: 0.0112 acre of permanent impact to m1arine environment, 0.0703 acre of temporary impact to murine environment l:AlWLr.. H. ULSWIC:n. GHaul I i\\.AI V. f3 F.Ii..r1i �1Lf.�• JALCUTIVE \ax IGEf4j 3757 Mail' $;,, ;il.lre 500• HWO(51da• CA ,1�p01 www.wntFr6aaxslr.. r;y,pa V(:; ar57, 1j17i, R? rrr. Yl:\1 n rargil Z abed ! 10:0[ E L-/--JUIN ` S Grt s@vs 6V6 `OUI J9siewTT8g8 :A9 �u85 CHANNEL ROAD NOTE : NO AREA OF EELGRASS HAS BEEN IMPACTED BY THE PROPOSED DEVELOPMENT. 43 SO FT EELGRASS FIELD U.S. PIERHEAD LINE Z i I HARBOR RESOURCES IU N; 2222 ; IZ I CITY OF NEWPORT B CH d (AI ;N n - — = 1 rJ 11 I I I I I i 1 I 36.00' _--- - _— I I � I I I L� I I PROPERTY LINE I r ------------- I THE PROPOSED I NOTE : NO AREA OF EELGRASS HAS BEEN IMPACTED BY THE PROPOSED DEVELOPMENT. 43 SO FT EELGRASS FIELD U.S. PIERHEAD LINE Z i I HARBOR RESOURCES IU N; 2222 ; IZ I CITY OF NEWPORT B CH d (AI ;N n - — = 1 rJ 11 I I I I I i 1 I I I � I 1 I I I 1 I I I � I I I L� I I I � I I I II OF 1 I I I I THE PROPOSED I I HOUSE, BY I 1 OTHERS, UNDER SEPARATE PLAN I 1 CHECK lal iol I I O 0 I l -- L-- _-J u. Iz I A W 'm Eft. GRAS -S INSPECTION �Eelgras a wMin 15' of project Eelgrass within 15 - 30' of projet No 1dl ass in s t area vignature (N) S-6"NIDE x 24'-0' LG WD GANGWAY 108 SO FT EELGRASS FIEL01 NEWPORT BAY Inspection Date —& Time i PROLONGATION OF I / PROPERTY LINE IN) LAYOUT OVERLAID WITH EELGRASS MAP I N.T.S. Eelgrass Survey Reporting Form 2222 Channel Road Newport Beach, CA 92660 Eelgrass (Zostera marina) Survey Survey Date: March 1St, 2013 Prepared by: Coastal Resources Management, Inc. PMB 327, 3334 East Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Senior Marine Biologist (949) 412-9446 Prepared for: Mr. John Abell 2222 Channel Road Newport Beach, CA 92660 This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: (common reference) 2222 Channel Road, Newport Beach, California on the Balboa Peninsula. See Figures 1 and 2 Rick Ware, Senior Marine Biologist, Survey Contact: (name, phone, e-mail) Coastal Resources Management, Inc. (949) 412-9446, rware.crmgearthlink.net Lisa Miller, Shellmaker, Inc. Shellmaker&sbc-global.net Permit Reference: (ACOE Permit No., ACOE SPL-2012-474-BLR CCC Permit No.) CCC: 5-1-178 Hydrographic System: (bay, estuary, Newport Harbor lagoon, or harbor Specific Location: (UTM, Lat./Long., 33° 35.89' N, 117° 52.95_' W. datum, accuracy level, attach electronic survey area map if possible) NAD 83. Accuracy within 1 meter. See accompanying figures of locations. Was Eelgrass Detected: Yes, Eel -grass was found at this site. EELGRASS WITHIN 15' OF PROJECT * No, Eelgrass was not found at this site. Description of Permitted Work: The property owners subdivided the existing (describe briefly the work to be conducted 2222 Channel Road lot into a 36 ft -wide lot at the site under the permits identified at 2218 Channel Road (Carol Helou, above) property owner) and a 35 ft -wide lot at 2222 Channel Road (John Abell, property owner). A new home was constructed on each lot and each property will have new dock system in front of the residence. The dock systems are being designed by William Simpson and Associates, Inc. Shellmaker Inc. is the project contractor. The project components for 2222 Channel Road include: (1) a dock with an outside length dimension of 18' 5", inside length dimension of 5' 6" and a width of 10'; 1 (2) a 4' x 12' 8" pier supported by a "T" pile and (3) a 3" 5" x 24' gangway. Description of Site: Depth range: -2.0 to -18.5 ft MLLW based on Corona (describe the physical and del Mar Newport Entrance Channel Tide biological conditions within Station the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: fine sand to silt Temperature: Water temperature during the survey was 58 degree F. Salinity: Harbor Range: 25-33 ppt Dominant A total of 7,234.8 square feet (sq ft) of flora: eelgrass (Zostera marina) was mapped in the project area (Figure 3). Of this total, 2,432 sq ft were within the boundaries of the 2222 Channel Road (Figure 4) including two eelgrass patches close to the bulkhead (41.5 and 70.0 sq ft) and a separate larger bed (2,320.5 sq ft). Eelgrass depth limits varied from -2.0 to -18.5 feet Mean Lower Low Water, and extended from the shallow habitat near the bulkhead to the slope of the main channel. Eelgrass was not found beneath the pier or the gangway of the dock. Eelgrass turion density counts (turions per sq meter) were recorded throughout the survey area: South eelgrass patch: mean=221.4 +.- 48.4 n=6, 2.5 ft depth North eelgrass patch: mean --110.4 +/- 35.6, n=11, 3.5 ft depth Mid -Bed, south of pier mean --189.8 +/- 51.3 n=7, 5.3 ft depth Mid -Bed south in front of proposed dock Mean -7171.4 +/-78.2, n=6 5, 5.3 ft depth Offshore edge of bed Mean --134.9 +/- 27.5, n=9, 9.2 ft depth Overall mean turion density was 156.8 +/- 60.5 n=39 Impacts on Eelgrass: There will be no direct project -related impacts on eelgrass (Figure 5). The two small eelgrass patches will have a potential to be affected by dock and gangway shading requiring that a two- year post -construction monitoring survey be conducted to determine if shading results in a loss of eelgrass, per Southern California Eelgrass Mitigation Policy Guidelines (NIVIFS 1991 as amended). Mitigation Measures: Construction mitigation measures to avoid and reduce impacts to eelgrass include: The project marine biologist shall mark the positions of eelgrass beds in the vicinity of the dock and gangway construction area with buoys prior to the initiation of any construction activities; The project marine biologist shall meet with the construction crew prior to construction to orient them to specific areas where eelgrass occurs; The project marine biologist will perform weekly on-site inspections to ensure that BMPs and mitigation measures are being implemented during construction; • Support vessels and the work barge should maneuver and work over eelgrass beds only during tides of +2 feet MLLW or higher to prevent grounding within eelgrass beds, damage to eelgrass from propellers, and to limit water turbidity. The work barge and work boat shall not be 4 continuously moored over eelgrass beds; • Anchors and anchor chains shall not impinge upon eelgrass habitat; and • Post -construction marine biological surveys (per the Southern California Eelgrass Mitigation Policy and any permit conditions) will be performed to map eelgrass cover in the project area to determine actual impacts of short-term construction and long-term shading effects on eelgrass bed resources. A few Giant kelp (Macrocystis pyrifera) plants were attached to the piling and the dock. These will be removed during dock removal, but kelp plants will again re -attached to the new dock and piles. Dominant Macro -invertebrates observed during the fauna: dive survey included the spiny sand star (Astropecten armatus), the tube -dwelling anemone (Pachycerianthus fimbriatus), the California golden gorgonian (Muricea californica), striped sea slug (Navanax inermis), and the ornate tube worm Diopatra ornata. Fishes observed included mullet senorita (Halichoeres semicinctus), black perch (Embiotoca jacksoni), kelp bass (Paralabrax clathratus), barred sand bass (P. nebulifer), and round sting ray Urolo hus halleri). Exotic Sargassum muticum ,-Abundant on the species dock and the bulkhead encountered: Other site None description notes: Description of Survey Survey date March 1St, 1000-1400 hrs Effort: (please describe and time The survey was conducted by marine the surveys conducted period: biologists using SCUBA, using agency - including type of survey approved transect techniques and (SCUBA, remote video, mapping techniques using a diver - etc.) and survey methods biologist, a surface -biologist in a kayak employed, date of work, and survey density following the diver -biologist, and a GPS (estimated percentage of mapping of the bed's perimeter. 80% of the bottom actually viewed). the project area bay floor was observed. Describe any limitations No limitations were encountered during encountered during the the survey. See more detail below. survey efforts. Horizontal Range of visibility 5-15 ft visibility in water: Survey type Underwater surveys were conducted by and using SCUBA. Reconnaissance dives methods: were first made to determine the extent of eelgrass in the project area. Where eelgrass was located, divers buoyed the location and continued the reconnaissance survey. Once the reconnaissance survey was completed, GPS (Global Positioning System) technology and a Thales Mobile Mapper GPS/GIS Unit were used to map eelgrass areas. A biologist in a kayak equipped with the GPS followed a SCUBA -diving biologist who towed a surface buoy to mark the perimeter of the eelgrass vegetation. Small patches that were too small for mapping were recorded as point values and an estimated size of the patch was determined by the diver. The estimated GPS error of the Thales Mobile Mapper unit with post -processing correction was approximately 1 meter. GPS data were initially entered into the Mobile Mapper Software and then transferred into GPS TRACKER and ARCVIEW GIS software. The amount of eelgrass habitat in the survey area was calculated using ArcGIS 10.1 and Mobile Mapper Software, and distances from the eelgrass vegetation to the existing docks and the bulkhead was were calculated to assist in determining potential project impacts on eelgrass bed resources. Eelgrass turion counts were made within all of the eelgrass vegetation within the 2222 Channel Road project area. Bottom type, common marine life, and the presence or absence of Caulerpa taxifolia and Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Corona del Mar/Newport Bay Entrance Channel NOAA tide station. Survey Rick Ware, Senior Marine Biologist and personnel: Tom Gerlinger, Marine Biologist, CRM Survey A total of 25 underwater transects density: (averaging 122 ft long) were swam between the bulkhead and out past the dock line. These transects were spaced approximately 3 meters apart during the recon survey. From this recon survey, the eelgrass bed perimeters were mapped and eelgrass turion densities counted. 80% of the bottom habitat was surveyed during the field investigation. Survey None. Limitations: Other Information: (use See attached project figures. this space to provide any additional information or references to attached materials such as maps, reports, etc.) Figure 1. oj Figure 2. Location of Where Dock Will Be Constructed at 2222 Channel Road El Figure 3. Eelgrass Survey, March 1, 2013 2222 and 2218 Channel Road Figure 4. Eelgrass Survey March 1, 2013 Focusing on the eelgrass at 2222 Channel Road 12 CHANNEL ROAD px Farr LAW Yfi i_-»_.y._-a_C i )ijF i 1 Iv[ 2222 I 1 1 � 4 ! i d I I i � I 3 AI14PAGi-cC3 - [ 1 cT 'ns, s:a I I. Ay "t :4 w P s-F^CP9'sD. � I �"nA?ATS rY.vi 11<�lQ$ufrtT. 1 taf4 - I � 3 ------------ Ij i�l I. 71 ik1 N- — fa xri ar aarEa 3 l�a,� sa rr reae.4Ass .st+7 U,,l Btil�ifi EAE LINE 04 AT CLOY W& 27 i (MUN SQ FT 'pl K TM ra da ii- U.S. PIERHi' AL QNE c k j i s t NEWPORT BAY j IN] LAYOUT OVERLAID WITH EELGRASS MAR ` Figure 5. 2222 Channel Road Dock Layout With Eelgrass Superimposed on the Layout Source Dock Design: William Simpson and Associates 13 Caulerpa taxifolia Survey Reporting Form 2222 Channel Road, Newport Beach, CA Survey Dates: March 1st, 2013 Prepared by: Coastal Resources Management, Inc. PMB 327, 3334 East Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Senior Marine Biologist (949) 412-9446 Prepared for: Mr. John Abell 2222 Channel Road Newport Beach, CA 92660 March 8t", 2013 I This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Report Date: March 8", 2013 Name of bay, estuary, Newport Bay lagoon, or harbor: Specific Location Name: Newport Harbor Entrance Channel, in front of 2222 Channel Road, on the Balboa Peninsula. See Figures 1-4 Site Coordinates: 33° 35.89'N, 117° 52.95' W. (UTM, Lat./Long., datum, accuracy level, and an NAD 83. Accuracy within 1 meter. See accompanying figures of electronic survey area map locations. or hard copy of the map must be included). Survey Contact: (name, Rick Ware, Senior Marine Biologist, Coastal Resources Management, phone, e-mail) Inc. (949) 412-9446, rware.crm a,earthlink.net Lisa Miller, Shellmaker, Inc. Shellmakergsbcglobal.net Personnel Conducting The survey was conducted by Mr. Rick Ware (certified Caulerpa Survey (if other than Surveyor) and Tom Gerlinger (Skipper/Technician) of Coastal above): name, phone, Resources Management, Inc. email Permit Reference: ACOE SPL-2012-474-BLR CCC 5-1-178 (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second Second survey for this project? Was Caulerpa Detected?: NO (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG personnel identified above) Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Description of Permitted The property owners subdivided the existing lot into a 36 ft -wide lot at Work: (describe briefly the 2218 Channel Road (Carol Helou, property owner) and a 35 ft -wide lot at work to be conducted at the 2222 Channel Road (John Abell, property owner). A new home was site under the permits constructed on each lot and each property will have new dock system in identified above) front of the residence. The dock systems are being designed by William Simpson and Associates, Inc. Shellmaker Inc. is the project contractor. The dock system for 2222 Channel Road is shown in Figure 5. The project components include: (1) a dock with an outside length dimension of 18' 5", inside length dimension of 5' 6" and a width of 10'; (2) a 4' x 12' 8" pier supported by a "T" pile and (3) a 3" 5" x 24' gangway. Description of Site: Depth range: -2 to -18.5 ft MLLW based on Corona del Mar Newport Entrance Channel Tide Station (describe the physical and Substrate type: fine sand to silt biological conditions within Temperature: the survey area at the time of Salinity: 25-33 ppt the survey and provide insight into variability, if Dominant flora: Eelgrass (Zostera marina) was present within the known. Please provide units project area boundary and buffer zone totaling for all numerical 7,234.8 square feet and 2,432 sq ft within the information). property boundary of 2222 Channel Road. Eelgrass depth limits varied from -2.0 to -18.5 feet Mean Lower Low Water, and extended from the shallow habitat near the bulkhead to the slope of the main channel. Eelgrass was not found beneath the pier or the gangway of the dock. A few Giant kelp (Macrocystic pyrifera) plants were attached to the piling and the dock. Dominant fauna: Macro -invertebrates observed during the dive survey included the spiny sand star (Astropecten armatus),the tube -dwelling anemone (Pachycerianthus fimbriatus), the California golden gorgonian (Muricea californica), striped sea slug (Navanax inermis), and the ornate tube worm Diopatra ornata. Fishes observed included mullet senorita (Halichoeres semicinctus), black perch (Embiotoca jacksoni), kelp bass (Paralabrax clathratus), barred sand bass (P. nebulifer), and round sting ray (Urolo hus halleri). Coastal Resources Management, Inc. PUB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net 4 Exotic species Sargassum muticum -Abundant on the dock and encountered the bulkhead (including any other Caulerpa Other siteI None description notes: Description of Survey Effort: Survey date and time period: March 1", 2013 Description of Survey Horizontal Range of visibility 10-15 ft Effort: please describe the visibility in water: Survey type and The survey area is shown in Figure 4. The survey surveys conducted including type of survey (SCUBA, methods: area was 100 ft wide by 150 ft long (30.5 in x 45.7 remote video, etc.) and m) including both 2222 and 2218 Channel Road survey methods employed, properties. A total of 8, 100 ft -long transects were date of work, and survey swam perpendicular to the bulkhead. Of the density (estimated 15,000 sq ft (4,573 sq m) of bottom habitat within percentage of the bottom the Area of Potential Effect (APE), 80% of the actually viewed. bottom habitat was covered during the subtidal survey due to the excellent underwater visibility during the survey- averaging 15 ft (3 m). Within the 2222 Channel Road property boundaries, four, 100 ft -long transects were swam, with 80% of the seafloor surveyed for invasive algae. A 20% coverage minimum is required. Bottom type, common marine life, and the presence or absence of Caulerpa taxifolia and Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Corona del Mar/Newport Bay Entrance Channel NOAA tide station. Describe any limitations Survey personnel: Rick Ware, certified Caulerpa surveyor, Mr. Tom encountered during the Gerlinger (skipper/technician). survey efforts. Survey density: Eight, 100 ft -long underwater transects spaced 12.5 ft (3.8 meters) apart. Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Survey limitations: No survey limitations. Other Information: See attached project figures. (use this space to provide additional information or references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net N 2 Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlinknet IZ �Ci L 1< Ii ' Ie MEL Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlinknet IZ �Ci L 1< Ii a 3w AD C e "INN IN Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlinknet 7 Figure 2. Existing Dock Structure and Survey Area at 2218 Channel Road (was formally on the 2222 Channel Road Property until the 2222 Channel Road property was subdivided Figure 3. Photograph of Existing Dock at 2218 Channel Road Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Figure 4. Caulerpa Survey Area Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net E M CHANNEL ROAD; Figure 5. Proposed Dock System at 2222 Channel Road (Shown with Eelgrass Map) Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 11, 2013 Property Address: 2222 Channel Road With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s). is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: .For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12_.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program -Coastal Land Use Plan. Page 1 oft 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise. that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier"Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) .644-3034 / Fax (949) 723-0589 Special Conditions March 11, 2013 Property Address: 2222 Channel Road With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A, the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." B. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date nt Signature l Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 STATE OF CALIFORNIA - NATURAL CALIFORNIA COAS South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 :SOU AGENCY 1� COM ISSION coMMUN1'rY DEC 0 3 NII EDMUND G. BROWN, JR., GOVERNOR Page 1 of 6 Date: November 29, 2012 =" n Permit No: 5-12-177 ACOASTMALDEVELOPMENT PERMIT yOP NEWPOR' 0 On November 15, 2012, the California Coastal Commission granted to John Abell IV & Carol Helou Coastal Development Permit 5-12-177, subject to the attached Standard and Special Conditions, for development consisting of: Removal of the existing dock system with 5x21 ft. pier, 4x24 ft. gangway, 12x20 ft. float, and 4 - 12" piles, and installation of a new, 8.5x20 ft. pier, 4 x 25 ft. gangway, 12x20 ft. float and one 16 inch and two 12 inch piles. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at: 2222 Channel Road Newport Beach (Orange County). Issued on behalf of the California Coastal Commission on November 29, 2012. CHARLES LESTER By: 4 Executive Director Title: Croastal Program Analyst ACKNOWLEDGMENT 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 Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-12-177 Page 2 of 6 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. 5. 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: Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zoestera marina) 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 special 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 eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new Coastal Development Permit. COASTAL DEVELOPMENT PERMIT No. 5-12-177 Page 3 of 6 B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special 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 minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new Coastal Development Permit unless the Executive Director determines that no amendment or new permit is required. 2. Pre -construction Caulerpa Taxilfolia Survey 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 applicants 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 Taxilfolia. 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 applicants shall submit the survey: i. for the review and approval of the Executive Director; and ii. 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 & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa Taxilfolia is found within the project or buffer areas, the applicants shall not proceed with the development approved under this Coastal Development Permit until 1) the applicants provide evidence to the Executive Director that all C. Taxilfolia discovered within the project area and all C. Taxilfolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including COASTAL DEVELOPMENT PERMIT No. 5-12-177 Page 4 of 6 but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. Taxilfolia. 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. 3. Construction Responsibilities and Debris Removal. The permittee shall comply with the following construction related requirements: A. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. B. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. C. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. D. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. F. 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. G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. 1. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. K. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. L. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. M. The discharge of any hazardous materials into any receiving waters shall be prohibited. N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. COASTAL DEVELOPMENT PERMIT No. 5-12-177 Page 5 of 6 Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. O. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. P. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 4. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A. Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. B. Solid and Liquid Waste Management Measures: I . All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. C. Petroleum Control Management Measures: 1. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. COASTAL DEVELOPMENT PERMIT No. 5-12-177 Page 6 of 6 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 5. Public Rights. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the subject property including, but not necessarily limited to, the tidelands and submerged lands lying beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 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LL _ B: N7 d Iy LL s Yg.=a - m ......� •4 -�.' jjII z t_ \1 a O F <F\ Iy LL s Yg.=a - m 3>- 1 Rz su3cxnm , �E u g -fir J 0 APPENDIX 1 Eelgrass Survey Reporting Form 2218 and 2222 Channel Road, Newport Beach, CA 92660 This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218. * Required Information Site Name: 2218 and 2222 Channel Road, Newport Beach, CA 92663 (common reference) Survey Contact: . Rick Ware (949) 412 9446 (name, phone, e-mail) . rware.crmna,earthlink.net • 949 412-9446 Permit Reference: Pending (ALOE Permit No., CCC Permit No.) Hydrographic System: * Developed Small Boat Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., datum, 33'35.89'N, 117° 52.95' (center) accuracy level, attach WGS 84, +/- 2 meters electronic survey area map ifpossible) Was Eelgrass Detected: *XXXX Yes, Eelgrass was found at this site at both 2218 and 2222 Channel Road. See attached map. X Eelgrass within 15' of project Eelgrass within 15'-30' of project Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);) Description of Removal of a dock system at 2218 Channel Road, and the Permitted Work: construction of two dock systems on recently subdivided (describe briefly the work to portions of the original 2222 property (2218 and 2222 be conducted at the site Channel Road). under the permits identified above) Each system will consist of a 20' x 12" dock; a 20' x 8' 6" pier; and a 4' x 24'6" gangway (See attached figures). Each gangway will be supported by a 16" sq concrete base, and 7'8" wide concrete top (T -pile). Each dock will be supported by two, 12" sq concrete piles. Description of Site: Depth range: * Water depths ranged between (describe the physical and approximately -2 and -8.5 ft feet biological conditions within MLLW (at outer edge of dock) to 19.5 the survey area at the time ft (edge of eelgrass in the Entrance of the survey and provide Channel offshore of the existing dock) insight into variability, if known. Please provide units Substrate Fine sands to silty sands for all numerical information. type: * Temperature: 63-65 degrees Fahrenheit. Salinity: Salinity is variable, from 20 to 35 ppt, depending on depth and the time of year. Dominant Dominant flora: Eelgrass (Zostera flora: marina) on the soft bottom substrate and giant kelp (Macrocystic pyrifera) attached to the bulkhead and docks. Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); Description of Survey Dominant Macro -invertebrates observed during Effort: fauna: the dive surveys included the spiny (please describe the surveys period: sand star (Astropecten armatus), conducted including type of octopus (Octopus bimaculatus) the survey (SCUBA, remote video, etc.) and survey tube -dwelling anemone Horizontal Water visibility was 10 feet on each side of the (Pachycerianthus fimbriatus), the visibility in center line of the diver (20 feet total) California golden gorgonian (Muricea water: californica), striped sea slug (Navanax inermis), spotted sea hare (Aplysia californica), California spiny lobster (Panulirus interruptus), sheep crab (Loxorhynchus grandis), kellet's whelk (Kelletia kelletii), gaper clam (Tresus nuttallii), and the ornate tube worm Diopatra ornata. Fishes observed included mullet (Mugil cephalus), topsmelt (Atherinops affinis), senorita (Halichoeres semicinctus), California garibaldi (Hypsypops rubicundus), black perch (Embiotoca jacksoni), shiner perch (Cymatogaster aggregata), kelp bass (Paralabrax clathrates), barred sand bass (P. nebulifer), unidentified turbot (Pleuronichthys sp.), and round sting ray (Urolophus halleri). Exotic . Sargassum muticum species encountered: Other site None description notes: Description of Survey Survey date May 22nd, 2012 1000-1300 hours Effort: and. time (please describe the surveys period: conducted including type of survey (SCUBA, remote video, etc.) and survey Horizontal Water visibility was 10 feet on each side of the methods employed, date of visibility in center line of the diver (20 feet total) work, and survey density water: (estimated percentage of the Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 bottom actually viewed). Survey type An underwater biological survey was conducted Describe any limitations and methods: * on 22 May, 2012 to map eelgrass vegetation encountered during the seaward of the 2218 and 2222 Channel Road survey efforts. properties. The survey was conducted by CRM marine biologists Rick Ware and CRM marine technician Robin Kohler between 1000 and 1300 hours. Eelgrass Mapping. Diver transects using SCUBA were employed to first determine the extent of eelgrass in the project and to conduct the invasive algae survey. Initial transects were swam throughout the project site along a 22.2 meter baseline. Seven, variable -length transects were spaced 3 meters apart. A biologist in a kayak equipped with the GPS followed a SCUBA -diving biologist. To assist in the mapping process, an Ocean Technology Systems (OTS) surface -to -diver communications system was used by the team. Once the extent of the eelgrass was determined, a mapping survey was conducted using Wide Area Augmentation System (WAAS) GPS (Global Positioning System) technology and a Thales Mobile Mapper GPS/GIS Unit to map eelgrass areas. The estimated GPS error of the Thales Mobile Mapper GPS unit with post -processing correction was less than one meter. Survey The survey was conducted by CRM marine personnel: * biologists Rick Ware and CRM marine technician Robin Kohler. Survey A total of seven, variable length transects were density: swam along a 22.2 meter baseline. The total amount of bottom habitat surveyed was 497 meters (5,240 sq ft). 100% of the bottom area was covered, due to excellent visibility (10 ft on each side of the center line). A total of 371.1 sq m (3,992.9 sq ft) of eelgrass was mapped within the project area. Survey None limitations: Coastal Resources Management PAM 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); I Other Information: (use this space to provide any additional information or references to attached materials such as maps, etc. See attached drawings and eelgrass map Eelgrass Survey Reporting Form (version 1.0, 6/20/03) Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ,) Figure 2. Plan View, Proposed 2218 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 CITY OF NEWPORT BEACH VICINITY MAP :,T', I�1 NE`NPORT BAY CALIFORNIA. sw SOE:1NIDI`J S ARE EXPECTED 11! nrt uaa -waFEET AND DENOTE ELEVATIONS DOCK, zPILING, PIER '& GANGWAY ELEVATION L T.s, 8A.SED 015 MEAN LOWER LOW INATER 01,NWER ; ?Ac. CAROL HE,LOU E I- � 1 BLOCK CONTRA,�� - Ei DATE A�E06 ADDRESS2218 CHANNEL P 1) 8rFST 17th STr� iVFr1'CaI BEACH,C 3—k1 e COSIA w MI ES CA 9211$27 s 14igure 3. X -Section, Proposed 2218 Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); I Figure 4. Plan View, Proposed 2222 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); I CITY OF NEWPORT BEACH i VICINITY MAP M—F14PORT BAY, CALIFORNIA m 1-7i arc' PLua W DOCK, PILING, PIER & GANGWAY ELEVATI.ON Y uTs_. luS ARE EYPECTED IN \!U DENOTE ELEVAP10il ON MEAN UNVER L9111 JOWNER Mr. 10HN ABELL SOT �LUUK � I� 06 r DWZESS "Fz2CHANNEL ?QAC e GC>� i RGT(ift `�E s�_Lrrt�4`E�', "I�- - ' DATE � e FfEvNNr_0'T BEACH, 4A. 92661 ("(): A,� i ,t, 9_26 T �� + � [;`;)���i t���:�. Tri �� � 27 a Figure 5. X -Sect, Proposed 2222 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); 2222 and 2218 Channel Road Dock Project. Position of New pocks and Eelgrass Habitat Based on 22 May 2012 Eelgrass Survey R ...r.rc_ S-3 L 1:392 C'QuWfinate .S. -s em. NAD 1,983 StitePdane. C74.`e—a Vi FiPS N n Felt F reecfion; Lamkast Can'o rural Conic iia3um. Norih A7nur=ran 1933 t7,11t7,11se Fns ing e—,61,666 31 1,640,416 666? 0 5 '10 20 30 40 �. 4- Y 6,M3 Feet t r nr Para f 1 3? -&33 ,,an r+Pu e 88$3 3 1 _ 0? i3C q `i 1667 tlrlls, Foo? US Figure 6. Location of Eelgrass Shows New Dock Structures overlaid On Top of Existing Dock Structure at 2218 Channel Road (Subdivided From 2222 Channel Road in 2011). Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar. Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ,1 Caulerpa taxifolia Survey Reporting Form 2218 and 2222 Channel Road Newport Beach, CA 92663 Survey ®ate: May 22nd, 2012 Prepared by: Coastal Resources Management, Inc. PMB 327, 3334 East Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Senior Marine Biologist (949) 412-9446 Prepared for: Lisa Miller Shellmaker, Inc. 837 West 17th Street Costa Mesa, CA 92627 7 June, 2012 Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) Report Date: June 7 th, 2012 Name of bay, estuary, Newport Bay, CA. See Figure 1. lagoon, or harbor: Specific Location Name: 2218 and 2222 Channel Road, Newport Beach, CA 92663 Site Coordinates: 33035.89'N, 1170 52.95' (center) (UTM, Lat./Long., datum, WGS 84,+/- 2 meters See Figure I accuracy level, and an electronic survey area map WGS 85. Accuracy within 2 meters. or hard copy of the map must be included). Survey Contact: (name, Rick Ware, Senior Marine Biologist, Coastal Resources Management, phone, e-mail) Inc. (949) 412-9446, rware.crm(a)earthlink.net Personnel Conducting The survey was conducted by Mr. Rick Ware (certified Caulerpa Survey (if other than Surveyor), and Robin Kohler, (Technician) of Coastal Resources above): name, phone, Management, Inc. email Permit Reference: Pending (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? Was Caulerpa Detected?: No (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG personnel identified above) Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) Description of Permitted Removal of a dock system at 2218 Channel Road, and the construction Work: (describe briefly the work to be conducted at the site under the permits of two dock systems on recently subdivided portions of the original 2222 property (2218 and 2222 Channel Road). identified above) Each system will consist of a 20' x 12" dock; a 20' x 8' 6" pier; and a 4' x 24'6" gangway (See attached figures). Each gangway will be supported by a 16" sq concrete base, 7'8" wide concrete top T -pile. Each dock will be supported by two, 12" sq concrete piles. See attached drawin s. Depth range: -1 to 8.5 ft MLLW (outside edge of dock) to 19.5 Description of Site: ft MLLW in the Newport Harbor Entrance Channel (describe the physical and biological conditions within Substrate type' fine sand to silty sand Temperature: 63-65 degrees F the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical Salinity: 25-33 ppt Dominantflora: Eelgrass (Zostera marina) on soft substrate; giant kelp (Macrocystis pyrifera) on bulkheads and docks. information). Dominantfauna: Macro -invertebrates observed during the dive surveys included the spiny sand star (Astropecten armatus), octopus (Octopus bimaculatus) the tube - dwelling anemone (Pachycerianthus fimbriatus), the California golden gorgonian (Muricea californica), striped sea slug (Navanax inermis), spotted sea hare (Aplysia californica), California spiny lobster (Panulirus interruptus), sheep crab (Loxorhynchus grandis), kellet's whelk (Kelletia kelletii), gaper clam (Tresus nuttallii), and the ornate tube worm Diopatra ornata. Fishes observed included mullet (Mugil cephalus), topsmelt (Atherinops affanis), senorita (Halichoeres semicinctus), California garibaldi (Hypsypops rubicundus), black perch (Embiotoca jacksoni), shiner perch (Cymatogaster aggregata), kelp bass (Paralabrax clathratus), barred sand bass (P. nebulifer), unidentified turbot (Pleuronichthys sp.), and round sting ray Urolo hus halleri). Exotic species Sargassum muticum encountered (including any other Caulerpa species): Other site description notes: none Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 Description of Survey Survey date and May 22" , 2012 Effort: timeperiod: Description of Survey Horizontal 20 ft (10 ft on each side of the transect center line) Effort: please describe the visibility in water: Survey type and An underwater biological survey was conducted surveys conducted including type of survey (SCUBA, methods: on 22 May, 2012 seaward of the 2218 and 2222 remote video, etc.) and Channel Road properties. The survey was survey methods employed, conducted to determine if eelgrass and/or invasive date of work, and survey density (estimated algae was present in the project area. The survey percentage of the bottom was conducted by CRM marine biologists Rick actually viewed. Ware and CRM marine technician Robin Kohler between 1000 and 1300 hours. Transects were swam throughout the project site along a 22.2 meter baseline. Seven, variable -length transects were spaced 3 meters apart. A biologist in a kayak equipped with the GPS followed a SCUBA -diving biologist. To assist in the mapping process, an Ocean Technology Systems (OTS) surface -to -diver communications system was used by the team. The estimated GPS error of the Thales Mobile Mapper GPS unit with post- processing correction was less than one meter. Describe any limitations Survey personnel: Rick Ware, certified Caulerpa surveyor and Robin encountered during the Kohler (technician). survey efforts. Survey density: Seven, variable length transects were swam along a 22.2 meter baseline out to a distance of 22 meters. The total amount of bottom habitat surveyed was 497 meters (5,240 sq ft). 100% of the bottom area was covered, due to excellent visibility (10 ft on each side of the center line). Survey limitations: No survey limitations. Other Information: See project area location (Figure 1), and attached dock plans, Figures (use this space to provide 2,3, 4, and 5 additional information or references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) Figure 2. Plan View, Proposed 2218 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax); ) CITY OF NEWPORT BEACH f VICINITY MAP_ ,. NEW'PORT SAY, CALIFORNIA u€ v ( _ SOUNDINGS ARE EXPECTED {ai FEET AND DENmE ELEVATIONS DOCK, PILIN, PIER A _GANGWAY ELEYATION .Ts BASED ;tri MEAN L0VrE- L90 _� 4IATEk 10MER : Mr. CAROL NELOU LOT JBLOCK JOR ADDRESS 2218 CHANNEL ROA[} Gd VTcACT�R. SIfEfWAKER. INC. NEWPORT BENCH, CA, 92661 537 WEST 171b STPEET � t;5/-31 ft I COSTA JWSA, CA, 92627 I Figure 3. X -Section, Proposed 2218 Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office%ell); (940) 675-2970 (fax); I CITY OF NE rY_MAP ,T BAY, C 1R3)IA s.�,-v 103 1W25,; PIt:v = t- WPE x 24`—D" LG I 2222 U.S,; BULKI EAD LINE --P 6, 6„ 0 f G S. - 3 : s __CDR— ----- GratVC ME ::F31GlitC., OF i1i+J� t U.S. PIER EAD LINE 110 LAYOUT NEWPORT SAY rv�p7 ! NER : Mr, JO I11 ABELL LOT" 35LOCK C -IN I RACTOR: SHELLMAKER, WC;. JAI 'a ADDRESS' -: 2222 CHANNEL,. ROAD 837- WEST 17th STPEET r 1 •3' i�iUAPORT BrACI-t CA 92661 C ; 3, COSTA WSA A 9-962-7 1 Figure 4. Plan View, Proposed 2222 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 CITY OF VICINITY MAP NEWPORT BAY, CALIFORNIA , A(D- PS`sfeE^aGmuki.:. Sri _.. ODM RAN TOP _ CDCK, PILIN4j PIER & 4ANQWAY ELILVAT10N x�Ts ADDRESS i2222 CF ANNEL ROAD IILKV I1fKAG NEWPORT BEACH, CA w651 j 3 ARE EXPECTED IN DENOTE ELEVATIONS 1,IEAN LOWER LOW th STREET 1DAIE G13t/t2 CA 0? 7 1 Figure 5. X -Sect, Proposed 2222 Channel Road Dock System Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625 (949) 412 9446 (office/cell); (940) 675-2970 (fax);1 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock and pier Replace existing 16" pier pile and 2-12" dock piles. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to tinal approval. Property Address: 2222 Channel Road Legal Description: Harbor Permit Number: 107-2222 Plan Check Number: 1489-2011 Applicant: John Abell Applicant's Mailing Address: 2222 Channel Road, Newport Beach CA 92661 Phone Number: 949-548-5359 have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered_ in the application. Page 1 of 2 And find I$ They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources June 19, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 2222 CHANNEL ROAD . 35.00' (N) 8'-6" WIDE x 20'-0" LONG WD PIER, SEE S-5 (N) CONC "T" I 8'-6" PILE, SEE T 5-3 3 O (N) 4'-0" WIDE x 24'-0" LG WD GANGWAY i I K S-3 (N) 12'-0" WIDE x 20'-0" LG FLOATING DOCK I O C I I (N) 12" SO GONG PILE AT DOCK TYP O O N O I cli EEL GRASS INSPECTION P�Eelgrass within 15' of project ® Eeigrass within 15 - 30' of project ® NoEegrasAin project area _ Signature 1 c� 1 oex-, 1 � lnspection Date & Time 36.00' _ 71.00 - - - - t:!— U.S. BULKHEAD LINE I I I I (TOTAL OF 2) SEE S-- I I I I 3 PROLONGATION OF CONC PILE DESIGNITION, SEE,/ �VTYP S-3 I I OF PROPERTY LINE I PROPERTY LINE 1 20'-0" 10'-0" - 5_0" -- U.S. PIERHEAD LINE-� INI LAYOUT NEWPORT BAY N�RTN OWNER : Mr. JOHN ABELL LOT BLOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER INC.837 WEST- 17th STREET- DATE NEWPORT BEACH, CA 92661 05/31/12 COSTA MESA, CA 92627 VICINITY MAP N.T.S_ NEWPORT BAY, CALIFORNIA NORTH O & Uz --PILE DESIGNITION, SEE SOUNDINGS ARE EXPECTED IN DOCK PLAN TYP FEET AND DENOTE ELEVATIONS DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN LOWER LOW WATER. OWNER Mr. JOHN ABELL LOT BLOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER INC.837 WEST 17th STREET DATE NEWPORT BEACH, CA 92661 05/31/12 COSTA MESA, CA 92627 (N) FROSTED TEMPERED - - GLASS GUARDRAIL C _ (N) WOOD PIER(E) COPING ELEV =+11"04't M"L"L"W. (N) WOOD GANGWAY, SEE _ - - - (E) SEAWALL L0. PILE ELEV=+13.00' M.LLW. TYP COPING \ TWO FEET LONG TRANSITION \ PLATE OPTIONAL --. (N) FLOATING DOCK (E) SEAWALL �-• e_ COPING - (E) SEAWALL PANEL TYP (E) DREDGE ELEV - (E) DREDGE ELEV - All =-5.0't M.L.L. W. r (E) DREDGE ELEV 6.5't M"LL.W. \ =-4.00't M"L.L.W" } \ \ _l .++ nT— II"I 11- :I �II�, SII LI CURRENT/(E) DREDGE LINE `¢--- - - - CONC PILE, SEE DETAIL e TYP /--- - _ CONIC PILE, SEE DETAIL e O & Uz --PILE DESIGNITION, SEE SOUNDINGS ARE EXPECTED IN DOCK PLAN TYP FEET AND DENOTE ELEVATIONS DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN LOWER LOW WATER. OWNER Mr. JOHN ABELL LOT BLOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER INC.837 WEST 17th STREET DATE NEWPORT BEACH, CA 92661 05/31/12 COSTA MESA, CA 92627 Worksheet for Building Combo Permit Application ��EWPpRe Prfn# Frstfrt . City of Newport Beach -Building Department O - ccs Please print 3 copies JARRIrh"j Buildin9 1.Grading [—_..Drainage Elec ... ...... go LAY U 1. Project Address (Not mailing address) I o i No �a a a. G�NAti► t<L � t_ lQoFl 0 � . l j Tenant Name(if Applicable) # Units (if Residential) .......... ........ ..... .... ....... .............................. ............ .... . ............... 2. Description of Work e I t s; Ca? t f` [� a f � �� 'E le c, 2- 0tTs � r 4 � ..............._.............. cv) I i Sal C kt S+4tic c c?t c �� �¢►� c) �"� i��tc t rt ....._ ............................ .._ . ...... .... _...... Valuation $ Extg Building SF Demo Building SF Add/Redristruct BldgSF ...... € .................... : Extg Gar sf Demo Garage sf Add/Reconstruct Garage sf F # Stories TOTAL BLDG SIFF Cu Yd Cut New Add 17 Alter Demo TOTAL GARAGE SF Cu Yd Fill .._................_....__._... ................. F 3. Owner's Name Last First Owner's Address Owner's E-mail Address /W8 o�.�GE STREET ............................... ...... _...... City COi11A� State CH Zip 9/r%Z Telephone tea& 33,2--a�33 4. Architect/Designer's Name Last First Lic. No. -- - ----------- ------ -------- - - --------------- - 6. Contractor's Name Lastlrll�.fKER.....�C. First Lic. No. (s�13 Class /} B .. F.- ................................................... E�....�....W......�: ��r...............: Contractor's Address Contractor's E-mail Address 8 W• I 'i' N S.. i ��.. ET sh,e1Irna0Cer @sb� lobes l.�e-t .............................:.._......_....._........._........-.-.._....................................................._. City �' p 5 0).ESIR Zip Telephone T71 t=5 .... nn... .>�... ._... cA ...: 'a a 9�f9 s 4f s 3 6 101 OFFICE USE ONLY ENERGY P/C FEE $ PERMIT N . GRADING P/C FEE $ FIRE P/C FEE $ Rev 4116109 ELEC/MECH/PLUM P/C FEE $ JUL 2 6 N CHECK NO I (j - w- t � O PLAN CHECK FEE $ (T7 r HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions June 19, 2012 Property Address: 2222 Channel Road With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 10'. 11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the float is 5'. Lisa Walters, Harbor Resources Applicant Signature Date Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 �� �► �VNVV]t oke HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove & Replace dock and pier. R/R 1 pier pile 16" and 2 dock piles (12"). Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 2222 Channel Road Legal Description: Harbor Permit Number: 107-2222 Plan Check Number: 1489-2011 Applicant: John Abell Applicant's Mailing Address: 2222 Channel Road, Newport Beach, CA 92661 Phone Number: 949-548-5359 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find 1( They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Iters, Harbor Resources August 3, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for wilding Combo Permit Application P°Qr Prtnt Fr�rrr� ; ' � •• City of Newport Beach - Building Department } F� T Please print 3 copies C4[/rP j" Building 9 9 Gradin Draina e Elec j We l ,RESOURCES o' ...... 1. Project Address (Not mailing address) aaaa 0141qAJ /It EL RoAO Tenant Name(if Applicable) 2. Description of Work-wl be -t i + Sh C Xi S -h rN ,,Aot-K- curd Extg Building SF 1777 Extg Gar sf 1777 yNew [ Add ......................................................................................... € # Units (if Residential) Valuation $ f to Demo Building SF I Add/Re sVuct Bld° SF F7.5. Engineer's Name Last `J AIE=A 1Q-1 First IM (g60J40 Lic. No. l�3 g Engineer's Address Engineer's E-mail Address .. ........................................................ ..............r.......IoD w5asa.—u-sa. corn .............................................................. ............. .......................................................... ......... .............. ..................... Zip 901 !a3 p Telephone city LRKE �O1gEST State CA 419 ao�- 9 �Ta-9 Fi 6. Contractor's Name Last �l� 1�ER �i�C • First Lic. No. S�ILE3 Class 8 rrn_............................................: I............�.�.................................. ����..— ��.....�.. 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"-XIF c -i"..-, -1 1.0jAl-i VICINITY MAP N.T.S. if N NEWPORT BAY, CALIFORNIA NORTH 2222 CHANNEL ROAD (N) 8'-6" WIDE x 20' LONG WD PIER, SEE( (N) CONC "T t PILE, SEE �� (N) 4'-0" WIDE x 24'-0" LG WD GANGWAY - (N) 12'-0" WIDE x 20'-0" LG FLOATING DOCK (N) 12" SQ CONC PILE AT DOCK TYP V (TOTAL OF 2) SEE S-3 PROLONGATION OF PROPERTY LINE I EEL G -A8 INSPECTION Eelgrass - if In ,1 Ev of project ❑ Eelgrass within 15 - 30' of pmjed ❑ No EeWra-s in projej ct area Signature i --,Lo) i L Inspection Date &Time I U.S. BULKHEAD LINE+— I i CONC PILE DESIGNITION, CFF" /'-,;-\TYP I I PROLONGATION OF PROPERTY LINE I 5 ' 0" U S. PIERHEAD N LIE _] ` INI LAYOUT NEWPORT BAY N°RTH OWNER : Mr. JOHN 'ABELL LOT BLOCK JOB ADDRESS :2222 CHANNELROAD CONTRACTOR: SHELLMAKER, INC. DATE . NEWPORT BEACH, CA 92661 837 WEST 17th STREET 02/15/11 COSTA MESA, CA 92627 VICINITY MAP N.T.S. %, NEWPORT BAY, CALIFORNIA NORTH (N) WOOD GANGWAY. SEE C T.O. PILE ELEV=+13.00' M_L.LW. TYP TWO FEET LONG TRANSITION PLATE OPTIONAL (N) FLOATING DOCK (ELDREDGE ELEV M.LLW. CURRENT/(E)-�' DREDGE UNE 3�y CONC PILE. SEE DETAIL e TYP (N) FROSTED TEMPERED - GLASS GUARDRAIL (N) WOOD PIER (E) COPING ELEV =+17.04'f M.LL (E) SEAWALL COPING O `CONC PILE. SEE. DETAIL 0) Oi & -PILE DESIGNII-ION, SEE SOUNDINGS ARE EXPECTED IN DOCK PLAN TYP FEET AND DENOTE ELEVATIONS DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN LOWER LOW WATER. OWNER : Mr. JOHN ABELL LOT IBLOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC. DATE NEWPORT BEACH, CA 92661 837 WEST 17th STREET 02/15/11 COSTA MESA, CA 92627 - (E)SEAWALL F, COPING_/V _I SEAWALL (E) PANEL TYP (E) DREDGE ELEV =-5.0't M.LLW. (E) DRE60E ELEV _ =-4.00'- M.LLW. �_ - I I Li O `CONC PILE. SEE. DETAIL 0) Oi & -PILE DESIGNII-ION, SEE SOUNDINGS ARE EXPECTED IN DOCK PLAN TYP FEET AND DENOTE ELEVATIONS DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN LOWER LOW WATER. OWNER : Mr. JOHN ABELL LOT IBLOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC. DATE NEWPORT BEACH, CA 92661 837 WEST 17th STREET 02/15/11 COSTA MESA, CA 92627 Eelgrass Survey Reporting Form City of Newport Beach Eelgrass (Zostera marina) Survey Reporting Form Survey Dates: 30 July and 26 August, 2010 Prepared by: Coastal Resources Management, Inc. PMB 327, 3334 East Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Senior Marine Biologist (949) 412-9446 Prepared for: Mr. John Abell 2222 Channel Road Newport Beach, CA 92660 This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Survey Date: 30 July and 26 August, 2010 Site Name: (common reference) 2218 and 2222 Channel Road, Newport Beach, California on the Balboa Peninsula. See Figures 1, 2, and 3. Rick Ware, Senior Marine Biologist, Survey Contact: (name, phone, e-mail) Coastal Resources Management, Inc. (949) 412-9446, rware.crm(a�earthlinknet Lisa Miller, Shellmaker, Inc. Shellmaker&sbc lobal.net Permit Reference: (ACOE Permit No., In progress CCC Permit No. Hydrographic System: (bay, estuary, Newport Harbor lagoon, or harbor Specific Location: (UTM, Lat./Long., 33-35.89'N, 117° 52.95'W. datum, accuracy level, attach electronic survey area map if possible) NAD 83. Accuracy within 1 meter. See accompanying figures of locations. Was Eelgrass Detected: Yes, Eelgrass was found at this site. XXXXX EELGRASS WITHIN 15' OF PROJECT * No, Eelgrass was not found at this site. Description of Permitted Work: The property owners subdivided the existing (describe briefly the work to be conducted lot into a 36 ft -wide lot at 2218 Channel at the site under the permits identified Road (Carol Helou, property owner), and a above) 35 ft -wide lot at 2222 Channel Road (John Abell, property owner). A new home will be constructed on each lot, and each property will have new dock system in front of the residence. The dock systems are being designed by William Simpson and Associates, Inc. Shellmaker Inc. is the project contractor. The dimensions of the existing dock system components at 2222 Channel Road and the new dock system components, at 2218 and 2222 Channel Road are summarized in Table 1. Plan views of the existing and proposed dock systems are shown in Figures 4 and 5. The project applicant has integrated state - of -the art Best Management Practices (BMPs) in the construction of the docks to avoid and limit potential impacts to eelgrass. For each platform type that has a potential to shade the bayfloor (pier, gangway, and floating dock) grated panels will be used as decking to allow for light to pass through the structures, reducing shading impacts, and providing light for eelgrass to grow beneath the grated structures. The pier, gangway and the floating dock will be paneled with Globalgrid fiberglass mini -mesh grating, is 1-1/4" thick, fire retardant, colored light gray, and covered with extra fine grit. The material is UV retardant. The grating is manufactured by FRP Resource LLC, Arcadia, CA 91006. A single concrete "T" piling will support each pier, while each dock will have two, 12 -inch square concrete guide piles. Description of Site: Depth range: -0.5 to -12 ft MLLW based on Corona (describe the physical and del Mar Newport Entrance Channel Tide biological conditions within Station the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: fine sand to silt Temperature: Water temperatures as measured by underwater data loggers over 24-hour periods for 20 days were extremely cool for summer periods and averaged 63.8 T at a depth of 0.3 meter below the surface ranging between 55 T and 68.1 OF (n=5,210, five-minute replicates). Mean bottom water temperature at a depth of -5 ft MLLW averaged 61.9, ranging between 53.8 T and 67.7 OF (n-5,456. Normal 3 summer water temperatures vary from approximately 66-70 degrees F. Salinity: Harbor Range: 25-33 ppt Dominant Eelgrass (Zostera marina) was present flora: within the project area boundaries, totaling totaled 3,858 square feet (sq ft), or 0.089 acres. Eelgrass depth limits varied from -2.0 to -12 feet Mean Lower Low Water, and extended from the shallow habitat near the bulkhead to the slope of the main channel. Eelgrass was not found beneath the pier or the gangway of 2222 Channel Road, although it did extend beneath the pier and gangway of the dock immediately south of the 2222 Channel Road property. Giant kelp (Macrocystis pyrifera) formed a dense and continuous canopy along the bulkhead, on dock pilings around the dock, and other structures along this portion of the Harbor Entrance Channel. Kelp canopy extended approximately 5 to 10 ft from the bulkhead, and within 5 feet of the dock perimeter. Its abundance during the 2010 survey is partially accounted for by the very cool summer water temperatures, as observed during this survey and its overstory canopy was observed to shade the bayfloor in the vicinity of eelgrass patches and beds. By March 2011, however, the kelp canopy had all but disappeared (Rick Ware, pers. obs., 12 March, 2011). Dominant Macro-invertebrates observed during the fauna; dive survey included the spiny sand star (Astropecten armatus), octopus (Octopus bimaculatus) the tube-dwelling anemone (Pachycerianthus fimbriatus), the California golden gorgonian (Muricea californica), striped sea slug (Navanax inermis), California spiny lobster (Panulirus interru tus), kellet's whelk (Kelletia kelletii), gaper clam (Tresus nuttallii), and the ornate tube worm Diopatra ornata. Fishes observed included mullet (Mugil cephalus), topsmelt (Atherinops afnis), senorita (Halichoeres semicinctus), California garibaldi (Hypsypops rubicundus), black perch (Embiotoca jacksoni), shiner perch (Cymatogaster aggregata), kelp bass (Paralabrax clathratus), barred sand bass (P. nebulifer), unidentified turbot (Pleuronichthys sp.), and round sting ray Urolo hus halleri . Exotic Sargassum muticum; Zoobotryon species verticillatum encountered: Other site None description notes: Description of Survey Survey date July 3&, and August 26fl, 2010 Effort: (please describe and time the surveys conducted period: including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal Range of visibility 5 to 20 ft visibility in water: Survey type The survey area is shown in Figure 6. and The survey area was 25 meter wide by 29 methods: meter long. A total of ten, 29 meter long transects were swam perpendicular to the shoreline at distances of 3 meters apart between the bulkhead and 10 meters past the end of the existing dock structure. Of the 6,994 sq ft of bottom habitat within the Area of Potential Effect (APE), 100% of the bottom habitat was covered during the subtidal survey due to the excellent underwater visibility during the survey (up to 20 ft). Eelgrass (Zosters marina) was present within the project area boundaries, totaling totaled 3,858 square feet (sq ft), or 0.089 acres. Eelgrass turion counts were made within all of the vegetation surrounding the 2222 Channel Road dock. Counts within eighteen, 0.07 sq meter replicates counts were recorded. Mean turion density within the project area was 105.9 +/19.6 turions per square meter. Bottom type, common marine life, and the presence or absence of Caulerpa taxifolia and Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Corona del Mar/Newport Bay Entrance Channel NOAA tide station. Where eelgrass was located, divers buoyed the location and continued the reconnaissance survey. Once the reconnaissance survey was completed, GPS (Global Positioning System) technology and a Thales Mobile Mapper GPS/GIS Unit were used to map eelgrass areas. A biologist in a kayak equipped with the GPS followed a SCUBA -diving biologist who towed a surface buoy to mark the perimeter of the eelgrass vegetation. Small patches that were too small for mapping were recorded as point values and an estimated size of the patch was determined by the diver. The estimated GPS error of the Thales Mobile Mapper unit with post -processing correction was approximately 1 meter. GPS data were initially entered into the Mobile Mapper Software and then transferred into GPS TRACKER and ARCVIEW GIS software. The amount of eelgrass habitat in the survey area was calculated using ARVIEW 9.3 and Mobile Mapper Software, and distances from the eelgrass vegetation to the existing docks and the bulkhead was were calculated to assist in determining potential project impacts on eelgrass bed resources. Survey Rick Ware, Senior Marine Biologist and personnel: Tom Gerlinger, Marine Biologist, CRM Survey A total of 25 underwater transects density: (averaging 122 ft long) were swam between the bulkhead and out past the dock line. These transects were spaced approximately 3 meters apart during the recon survey. From this recon survey, the eelgrass bed perimeters were mapped and eelgrass turion densities counted. 100% of the bottom habitat was surveyed durin the field investigation. Survey, None. Limitations: Other Information: (use See attached project figures. this space to provide any additional information or references to attached materials such as maps, etc I Figure 3. Photograph of Existing Dock at 2222 Channel Road 10 Table 1. Components of Existing and Proposed Dock Svstem Component Existing 2222 Proposed 2218 Proposed 2222 Channel Road Channel Road Channel Road Pier 20'x 5' wood pier 20' x 8' 6" wood 20'x 8" wood frame frame Globalgrid Globalgrid fiberglass mini - fiberglass mini- mesh grating, is 1 - mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit fine grit Gangway 24' x 4' wood pier 4' x 24'6"wood 4' x 24' wood frame frame Globalgrid Globalgrid fiberglass mini - fiberglass mini- mesh grating, is 1 - mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit fine grit Floating Dock 20' x 12' wood dock 20'x 12" wood 20' x 12' wood Globalgrid Globalgrid fiberglass mini- fiberglass mini - mesh grating, is 1- mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit' wood fine grit Piling for Pier 16" sq pile (base) 16" sq concrete 16" sq concrete T8" wide (top) (base) (base) T8" wide concrete T8- wide concrete (top) (top) Pilings for Dock Two, 12" sq concrete Two, 12" sq concrete Two, 12" sq concrete piles piles piles 11 meAgvast -: VICINITY MAP — N,TS. rk, NIA' Kopm o L 220 U.S. BULKHEAD LINE C"AMML ROAD 3,9-00, 36.00 �N 14085TH _ -- - 2 - _ CGNC PIE€- G€51CW11ON, (N) ", WOE x 20'-W I 1 LONG VO) PER, SEE(—U N _El S-5 mc 11, 1 SF.FiYP SEE 0 I (N) 12^-50 CONIC 1t,pF x 24'-6^ LC WO GANGWAY I 1 K Figure 4a, 2218 Channel Road Dock, Plan View 12 . o L N I 12 (N) W WE. W-01 lC FLGATWG GGCK: (1 - 2 - _ CGNC PIE€- G€51CW11ON, 1 1 V _El 1 SF.FiYP 0 I (N) 12^-50 CONIC 1 PILE AT ODCH T1P (TOTAL OF. 2) SFE 1 1 PROLONGATION OF PROPERTY LINE PROLONGATION OF PnOpVjTY UK S. PIERHEAD LINE Q' WILAYOUT NE111PORT BAY NpR OWNER Mr. CAROL HELOU LOT- LOCK JOB ADDRESS :2218 CHANNEL ROAD CONTRACTOR: SHELLMAKER. INC, 837 WEST 17#h STREET DATE NEWPORT BEACH, CA 92861 COSTA MESA, CA 92827 02/15/11 Figure 4a, 2218 Channel Road Dock, Plan View 12 . NEWPORT BAY, CALIFORNIA (N) wow CA myN su t T.O. PIIS Flty7-t arrow11 (N) FWAT09 (E! GNMGE ELEV cme PRE. -S¢ MAIL -- i (N) wm 0 UrM c-- Moo PRE SEE OVA& G LJ SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS DOCK, PI4ING, PIER A QMQWAY ELEVATION WT:S, BASED ON MEAN LOWER LOW WATER. OWNER : Mr. CAROL HELOU LOT LOCK JOB ADDRESS :2218 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC, DATE ; 837 WEST 17tH STREET NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 02/15/11 Figure 4b. 2218 Channel Road Dock. Cross -Section 13 CITY OF NEWPORT BEACH VICINITY MAP NEWPORT BAY. CALIFORNIA 2222 CHANM ROAD (N) W-6' NiDEx24 I . � LONG WD PIER, � `" I I U.S. BULKHEAD- LINE--F�--' �s _ PILE, SEE T `p ( I S-3 M WOE. 24'-0"- LO WO GANOWAY�+A K I (N) 12'-O" I I I WW -.;B -D" LC FLOATING DOCK I 2. 1 COC FI EDDE81CNITION, B SEE6(f � PROLONGATION 1 OF PNOPERTY (N) 12" SO CONC ! cy ! 1 UK PILE AT DOCK TYP y ! i (TOTAL OF 2) SEE 3 I I. PROLONCATION r-.. _ PROP RTY LINE - 1 20'-0" -10--0-: { I U.S PIERHEAD LINEP� Al 011 LAYOUT NEWPORT BAY k CONTRACTOR, 837LWEST1 17th STREET J08 ADDRESS :2222 CHANNEL ROAD INC, i 83 NEWPORT BEACH, CA 926161 COSTA MESA, CA 92627 02/15/11 Figure 5a. 2222 Channel Road Dock Plan View 14 (N) Na00 CtNCM'AY RE (H) Pte..n� I 'V? 4 _ TA PILE FdEU-+1,Q0 ASLI.N. 71P' 1 TWO FE" L046 W"T" Pur. 9PaaRAI- \ .. UO FLQATWU CV44t (f3 SiACfMI - - Sl€ IWIE EiEv . C anEoaE €�v cmr PILL SE WYK C PRE: SE MAL GI LJ tQ-.T SOUNDINGS ARE EXPECTED IN DOCK, PII.INQ, PIER LiAN€iWAY EIKI►ATION N.fs, FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW' WATER, OWNER Mr. JOHN ABELL LOT LOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC. DATE $37 WEST 17th STREET 02/15/11 NEWPORT BEACH, CA 92061 COSTA MESA, CA 92527 Figure 5b. 2222 Channel Road Dock Cross Section 15 2222 and 2218 Channel Road Dock Project. Position of New Docks and Eelgrass Habitat 2222 2218 Grated Pier and Gangway Eelgrass Patches a \ n � Grated Pier and Gangway Eelgrass e Eelgrass Grated Dock Platforms I � � 10 5 0 10 20 '" 'itl ®Feet F faa�ct S—s -: 1:392 C=dhate System.. RAD 1933 StatePlana Calibm. VI FIPS 0509 Feet R: kcion: Lambert Conlanul Conic Dahan: Porth American 1833 FaSe Easting: 6,561,6M.5897 Fake NGAhing: 1,M.415,f-W Central bL=ridian: -118.2500 StandardParatld 1: 32.7523 Standar', ParaOer 2 338333 Latitude Of Origin: 32.1887 Units: F.MUS Figure 6. 16 Caulerpa taxifolia Survey Reporting Form 2218 and 2222 Channel Road, Newport Beach, CA Survey Dates: 30 July and 26 August, 2010 Prepared by: Coastal Resources Management, Inc. PMB 327, 3334 East Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Senior Marine Biologist (949) 412-9446 Prepared for: Mr. John Abell 2222 Channel road Newport Beach, CA 92660 July 19th, 2011 This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on .these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, .or William Paznokas, California Department of Fish & Game, (858) 467-4218). Coastal Resources Management, Inc. PNM 327, 3334 E. Coast Highway, Coroua del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthhnk.net Report Date: July 19 h,2011 Name of bay, estuary, Newport Bay lagoon, or harbor: Specific Location Name: Newport Harbor Entrance Channel, in front of 2218 and 2222 Channel Road, on the Balboa Peninsula. See Figures 1, 2, and 3. Site Coordinates: 330 35.89' N, 1170 52.95' W. (UTM, Lat./Long., datum, accuracy level, and an NAD 83. Accuracy within 1 meter. See accompanying figures of electronic survey area map locations. or hard copy of the map must be included). Survey Contact: (name, Rick Ware, Senior Marine Biologist, Coastal Resources Management, phone, e-mail) Inc. (949) 412-9446, rware.crm&earthlink.net Lisa Miller, Shellmaker, Inc. Shellmaker(a,sbcglobal.net Personnel Conducting The survey was conducted by Mr. Rick Ware (certified Caulerpa Survey (if other than Surveyor) and Tom Gerlinger (Skipper/Technician) of Coastal above): name, phone, Resources Management, Inc. email Permit Reference: None: Application process in progress (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? Was Caulerpa Detected?: NO (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG personnel identified above) Coastal Resources Management, Inc. PUB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Description of Permitted The property owners subdivided the existing lot into a 36 ft -wide lot at Work: (describe briefly the 2218 Channel Road (Carol Helou, property owner), and a 35 ft -wide lot work to be conducted at the at 2222 Channel Road (John Abell, property owner). A new home will site under the permits be constructed on each lot, and each property will have new dock system identified above) in front of the residence. The dock systems are being designed by William Simpson and Associates, Inc. Shellmaker Inc. is the project contractor. The dimensions of the existing dock system components at 2222 Channel Road and the new dock system components at 2218 and 2222 Channel Road are summarized in Table 1. Plan views of the existing and proposed dock systems are shown in Figures 4 and 5. The project applicant has integrated state -of -the art Best Management Practices (BMPs) in the construction of the docks to avoid and limit potential impacts to eelgrass. For each platform type that has a potential to shade the bayfloor (pier, gangway, and floating dock) grated panels will be used as decking to allow for light to pass through the structures, reducing shading impacts, and providing light for eelgrass to grow beneath the grated structures. The pier, gangway and the floating dock will be paneled with Globalgrid fiberglass mini -mesh grating, is 1-1/4" thick, fire retardant, colored light gray, and covered with extra fine grit. The material is W retardant. The grating is manufactured by FRP Resource LLC, Arcadia, CA 91006. A single concrete "T" piling will support each pier, while each dock will have two, 12 -inch square concrete guide piles. Depth range: -0.5 to -12 ft MLLW based on Corona del Mar Description of Site: Newport Entrance Channel Tide Station (describe the physical and Substrate type: fine sand to silt Temperature: Water temperatures as measured by underwater data biological conditions within the survey area at the time of loggers over 24-hour periods for 20 days were the survey and provide extremely cool for summer periods and averaged insight into variability, if 63.8 OF at a depth of 0.3 meter below the surface known. Please provide units ranging between 55 OF and 68.1 OF (n=5,210, five - for all numerical minute replicates). Mean bottom water temperature information). at a depth of -5 ft MLLW averaged 61.9, ranging between 53.8 OF and 67.7 OF (n=5,456). Normal summer water temperatures vary from approximately 66-70 degrees F. Salinity: 25-33 ppt Dominant flora: Eelgrass (Zostera marina) was present within the project area boundaries, totaling totaled 3,858 square feet (sq ft), or 0.089 acres. Eelgrass depth limits varied from -2.0 to -12 feet Mean Lower Low Water, and extended from the shallow habitat near the bulkhead to the slope of the main channel. Eelgrass was not found beneath the pier or the Coastal Resources Management, Inc. - PMB 327, 3334 K Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net 4 gangway of 2222 Channel Road, although it did extend beneath the pier and gangway of the dock immediately south of the 2222 Channel Road property. Giant kelp (Macrocystis pyrifera) formed a dense and continuous canopy along the bulkhead, on dock pilings around the dock, and other structures along this portion of the Harbor Entrance Channel. Kelp canopy extended approximately 5 to 10 ft from the bulkhead, and within 5 feet of the dock perimeter. Its abundance during the 2010 survey is partially accounted for by the very cool summer water temperatures, as observed during this survey and its overstory canopy was observed to shade the bayfloor in the vicinity of eelgrass patches and beds. By March 2011, however, the kelp canopy had all but disappeared (Rick Ware, pers. obs., 12 March, 2011). Dominant fauna: Macro -invertebrates observed during the dive survey included the spiny sand star (Astropecten armatus), octopus (Octopus bimaculatus) the tube - dwelling anemone (Pachycerianthus fimbriatus), the California golden gorgonian (Muricea californica), striped sea slug (Navanax inermis), California spiny lobster (Panuhrus interruptus), kellet's whelk (Kelletia kelletii), gaper clam (Tresus nuttallii), and the ornate tube worm Diopatra ornata. Fishes observed included mullet (Mugil cephalus), topsmelt (Atherinops affinis), senorita (Halichoeres semicinctus), California garibaldi (Hypsypops rubicundus), black perch (Embiotoca jacksoni), shiner perch (Cymatogaster aggregata), kelp bass (Paralabrax clathratus), barred sand bass (P. nebulifer), unidentified turbot (Pleuronichthys sp.), and round sting ray Exotic species Sargassum muticum; Zoobotryon verticillatum encountered (including any other Caulerpa Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Coastal Resources Management, Inc. MMB 327, 3334 K Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Other site None description notes: Description of Survey Survey date and July 30'h, and August 26 , 2010 Effort: time period: Description of Survey Horizontal Range of visibility 5 to 20 ft Effort: please describe the visibility in water: Survey type and The survey area is shown in Figure 6. The survey surveys conducted including type of survey (SCUBA, methods: area was 25 meter wide by 29 meter long. A total remote video, etc.) and of ten, 29 meter long transects were swam survey methods employed, perpendicular to the shoreline at distances of 3 date of work, and survey meters apart between the bulkhead and 10 meters density (estimated past the end of the existing dock structure. Of the percentage of the bottom 6,994 sq ft of bottom habitat within the Area of actually viewed. Potential Effect (APE), 100% of the bottom habitat was covered during the subtidal survey due to the excellent underwater visibility during the survey (up to 20 ft). A 20% coverage minimum is required. Bottom type, common marine life, and the presence or absence of Caulerpa taxifolia and Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Corona del Mar/Newport Bay Entrance Channel NOAA tide station. Describe any limitations Survey personnel: Rick Ware, certified Caulerpa surveyor, Ms. and encountered during the Mr. Tom Gerlinger (skipper/technician). survey efforts. Survey density: Ten, 29 -meter long underwater transects spaced 3 meters apart. Survey limitations: No survey limitations. Coastal Resources Management, Inc. MMB 327, 3334 K Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net Other Information: See attached project figures. (use this space to provide additional information or references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Coastal Resources Management, Inc. PUB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earffihnk.net Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949)675-2970 (fax) einail:rware.erm@earffilink.net Figure 3. Photograph of Existing Dock at 2222 Channel Road Coastal Resources Management, Inc. PM13 327, 3334 F. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) ei-aail:rware.cnn@earthlink.net TahlP 1 _ d"amnanpntc of Fxicfinu and Proposed Dock System Component Existing 2222 Proposed 2218 Proposed 2222 Channel Road Channel Road Channel Road Pier 20' x 5' wood pier 20' x 8' 6" wood 20'x 8" wood frame frame Globalgrid Globalgrid fiberglass mini - fiberglass mini- mesh grating, is 1 - mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit fine grit Gangway 24' x 4' wood pier 4' x 24'6"wood 4' x 24' wood frame frame Globalgrid Globalgrid fiberglass mini - fiberglass mini- mesh grating, is 1 - mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit fine grit Floating Dock 20' x 12' wood dock 20'x 12" wood 20' x 12' wood Globalgrid Globalgrid fiberglass mini- fiberglass mini - mesh grating, is 1- mesh grating, is 1- 1/4" thick, fire 1/4" thick, fire retardant, colored retardant, colored light gray, and light gray, and covered with extra covered with extra fine grit' wood fine grit Piling for Pier 16" sq pile (base) 16" sq concrete 16" sq concrete T8" wide (top) (base) (base) 7'8" wide concrete 7'8" wide concrete (top) (top) Pilings for Dock Two, 12" sq concrete Two, 12" sq concrete I Two, 12" sq concrete Iles pilespiles Coastal Resources Management, Inc. PUB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) einail:rware.crm@earthlink.net 10 Figure 4a, 2218 Channel Road Dock, Plan View Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) emafl:rware.crm@earffilitik.net 11 CITY OF NEWPORT BEACH 81TE 'S VICINITY MAP K.T.S. NEWPORT RAY, CALIFORNIA Na+m �`I a rn1 rAon P91 '3` OWT ELEV (N). V= OMMAY. SEE _ ( A4 -ia n1E Ev�•laoo•. uue. rm TWO FM WNR Tpp"TWM MnOPTX - -- 04) MAINIG 9IXM _ - EES- �WALL NC .i • - TIP - 1 (E,�-oRFOGE EIEY (E� d✓FD6E EIEY ��- IgAZSi. oXEOGE ELEV V1 'aa x Me PILE. SEE OVA1L114 =C InIE, SE 0"A'L(D. LJ Macwl m SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS DOCK, PI1,IN(k PMft & QAI GWAY SLEVAMON N.T.s: BASED ON MEAN LOWER LOW WATER. OWNER ! Mr. CAROL HELOU ILOT LACK JOB ADDRESS :221 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC, DATE 837 WEST 17th STREET 02/15/11 NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 Figure 4b. 2218 Channel Road Dock. Cross -Section Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.erm@eaAWink.net 12 CITY OF NEWPORT BEACH VICINITY MAF NEWPORT BAY, I 2222 NEI. ROAD I- `� (N) 8'-W WIDE 20'- WMIG WO PER, SEE „ I S-5 U.S. BULKHEAD LINE ---1 - - © 1 1 - PILE. SEE S 3 � � � - N I I ( I WOE a CWA LO VANGWAAl GY-_-. _ _ � K S-3 0 I 11L. (N)-12.-0" I M. 1 1 WIDE. 20'-0" LO -I 1111 COG PILE-OESIGNITION;. 1 FLOATING ODCK I I - - S-3 lYP PROLONGATION 9 Or PROPERTY (N} 12• SO CONC C LINE P&E AT DOCK TIP (TOTAL OF 2)SEE PROLONGATIONOF.1 FR(fMM LINE � 20'-0" I_ 10--o" 5'v U.S. PIERHEAD LINE T INI LAYOUT ' a � ^ � � ^ NEWPORT BAY N OWNER : Mr. JOHN ABELL LOT LOCK JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER,INC. DATE 837 WEST 17th STREET 02/15/11 NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 Figure 5a. 2222 Channel Road Dock Plan View Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email:.rware.erm@eardihnk.net 13 (N) Waco emmy. sg t:�)-- TA ,Nl£ qVl+*I !0' Y.LLW�iW M FW 4AR0 TRUrAtM Pure WTMAL ---- --__ tN FLohM 0 -- (9Dl�.Ma' I nrpi,� f/J cma PILO 91 EVA&�:iYFJ 00 MW LO -WCve C" 1, &'Y (j)e�P" T W SOUNDINGS ARE EXPECTED IN TW FEET AND DENOTE ELEVATIONS DOCK PILING, PIER & GANGWAY E4RYATION N.T.s, BASED ON MEAN LOWER LOW WATER. OWNER ! Mr. JOHN ABELL ILOT LOCK JOB ADDRESS .2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER INC. DATE 837 WEST 17th STREET 0215/11 NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 % Figure 5b. 2222 Channel Road Dock Cross Section Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email: rware.crm@eardilink.net 14 Coastal Resources Management, Inc. PMB 327, 3334 T. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) eniail:r-ware.enn@earthlink.net HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions August 3, 2011 Property Address: 2222 Channel Road With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 10'. 11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the float is 5' Lisa Walters, Harbor Resources Applicant Signature Date Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Worksheet for Building Combo Permit Application 2tintortn City of Newport Beach - Building Department " R Please print 3 copies HARBOR �SOUR F - Building F - Grading ;;Drainage F-! Elec F! Mech CITY OFi NEI Po 1. Project Address (Not mailing address) f Tenant Name(if Applicable) # Units (if Residential)~mmy^ 2. Description of Work Use ...... .............................. Valuation $ Extg Building SF Demo Building SF Add/Reconstruct Bldg SF ~ # Stories �' .L . .............. 1 vr' air LGUbCPF T.N. OF NAILER I w "� F 4 ..........TOP T.0. TOP OF ZaN awe=7 T.O.P.„.......... TOP OF PARAPET/PANEL T.O.S. .... TOP OF STEEL a N a TOT ..............TOTAL +i► U � Z�?�a TRANSF .... TRANSFER <1<1 a a a 4 �a HUM TRANSV .... TRANSVERSE o a W W a TS ............... TUBE STEEL T.S. ............. TOP OF SLAB T.W. ............. TOP OF WALL TYP ............. TYPICAL .. U.N.O. ........UNLESS NOTED OTHERWISE VERT ........... VERTICAL V.I.F. ........... VERIFY IN FIELD W/ ............... WITH WD .............. WOOD W ................ NOE FLANGE W/0 ............ W THOU T W.P. ...............WORK POINT W.R. ............. WATER RESISTANT ... WT ............ WEIGHT W.W.F. .......... WELDED WIRE FABRIC X ................. EXTRA STRONG XX ............... DOUBLE EXTRA STRONG CIA Tm SYMBOLS ..............AT o :............. ........... CENTER LINE DIAMETER mom im �, It PLATE OR PROPERTY LINE .............. STEP IN FOOTING 1- - Ld cm cm r. +i► TO REINFORCE THE EXISTING SEAWALL By UTILIZING DYWIDAG TIE -BACKS CONNECTING THE EXISTING EXISTING COPING TO A NEW CONTINUOUS CONCRETE DEADMAN. TO PROVIDE S-6" HIGH TEMPERED GLASS GUARDRAIL AT SEAWALL. __R THOROUGHLY EXAMINING THE CONSTRUCTION DOCUMENTS AND THE SITE. NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE 4481D SUBMITTAI F THE ARCHITECT AND/OR TEM HE ENGINEER IS NOT NOT I.7EDI #1 ABOVE, IT SHALL METAN THA T r, AS REQUIRED PER \DEQUATFE CONTINGENCY IN HIS BID �O THE CONTRACTOR HAS CONSIDERED -HE MOST STRINGENT CONDITIONS, COVER ALL COSTS TO COMPLY WITH 'HE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL C- OR ANY DISCREPANCY D!ScO'VERED AFTER THE "CLOSE OF MPENSATION THE BID". > > 0, ol x 1 fw, cr I f� w <J10 < < Ld r, cl-I Qcj:j(y)::jlw d­�!