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HomeMy WebLinkAboutM2011-0030gNT Opp gllllr r?8d'°Txrxs or ��44ti • • DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS REGULATORY DIVISION PRADO FIELD OFFICE 2493 POMONA-RINCON ROAD CORONA, CA 92880 April 26, 2011 Regulatory Division Mike and Mary Sutherlin 14 Bay Island Newport Beach, CA 92661 Dear Mr. and Mrs. Sutherlin: Reference is made to your request (File No. SPL-2010-00862-RJV), dated August 16, 2010, for a Department of the Army authorization to construct the Sutherlin Boat Dock Project. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below at 14 Bay Island, in Newport Bay, within the City of Newport Beach, Orange County, California (as shown on the enclosed drawings). Specifically, you are authorized to conduct the following regulated activities affecting waters of the United States: 1. Remove the existing dock structure and support piles; 2. Install three new 14 -inch concrete piles and two new 14 -inch concrete "T" piles using dry driving; and 3. Install a new 10 -foot by 14 -foot pier, a 3 -foot by 24 -foot gangway, and a 10 -foot by 54 -foot float. The owner or authorized responsible official must sign and date all copies of tivs Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all permit conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers. In addition, please use the two attached notification forms 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). Thank you for participating h -t our regulatory program. If you have any questions, please contact R.J. Van Sant at 951.898.6188 or via e-mail at Richard ;l.Vansant@usace.army.mil. -2— Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http:/Iper2.nwl2.usace.armv.mil/survey.html. Sincerely, Corice J. Farrar Chief, Orange & Riverside Counties Section South Coast Branch Enclosures PERMITTEE DATE -3— 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. TRANSFEREE DATE -4— PERMIT CONDITIONS 1. The time limit for completing the authorized activity ends on April 26, 2013. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a. -The project involves the repair of existing structures that were originally constructed using wood products; -5— b. The creosote treated pilings are wrapped in plastic; c. Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d. The plastic tivrapping is sealed at all joints to prevent leakage; and e. The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish; cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States.. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 6. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) TEL: (510) 437-2980 E-mail: d11LNML uscg.mil Website: http://www.uscg.mil/dp/h=equest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521-3860 E-mail: jolun.p.henniganC�uscg.mil a. The Permittee shall notify the U.S. Coast Guard, Commander,11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: i. Project description including the type of operation (i.e. diving, construction, etc). ii. Location of operation, including Latitude / Longitude (NAD 83). S� iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. iv. Vessels involved in the operation (name, size and type). v. VHF -FM radio frequencies monitored by vessels on scene. vi. Point of contact and 24 -hour phone number_. vii.. Potential hazards to navigation. viii. Chart number for the area of operation. ix. Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c. Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 7. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other -7 - features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. 8 The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. -8— b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpennitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this pen -nit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your pen -nit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a tune limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for extension of this time limit. 04/24/2011 13:05 9496313,`2 SWIFTSLIPDOC ", IERPAGE 01/02 Cl 7r oor N"po4vr 5.r 4e 04, I ��'• 7s4Mf D• war jimrr c..sr "p AY CAL 1 KNIA : I .... �. d rrer RBOR RE50'UR E DBI,:..::.:a.. •• f areet,`•.i»•:•;�.' not. di,.ar�� , x'41 ,rH•a....b:law;.`M q 40W400" .WO lM...::11'14t'IwrV+►i rah t.df �r�ds�'.op ro+�r+no�+eil�r=�?:'►;�ev("��5'ar6or .0 OF NEWPORT BEACH °' qre��:/v�/ISA+d ' �+5�raIN . swsrfiar ;of Naw�.� aaI'; 40 IN I A fi i.r. iz 'A1.dAWjf.f MIKE �k=`5�ae-}+��;• �D:ny.,�•{#g,,�or Kl?� :_fig. !•4��' a.��-�' . � .'; • ' '• '. ' ... .., ... :"'- •f . � �' :. . Iii 'er!''�f. ��Gk'i:.��,��t'r":',::• :,` 224 •Ao• ss. iI.V f a f � �5'Lil!' 'I ' • ta�ar /�1�. -10— LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2010-00862-RIV Name of Permittee: Mike and Mart] Sutherlin Date of Issuance: April 26, 2011 Date work in waters of the U.S. will commencer Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Richard.J.Vansant@usace.armYmil, OR (2) FAX this certification, after signing, to: (213) 452-4196, Attn: R.J. Van Sant, OR (3) MAIL to the following address: U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION ATTN: CESPL-RG-S-2010-00294-RJV P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 -11— LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2010-00460-RJV Name of Permittee: Mike and Mary Su#herlin Date of Issuance: April 26, 2011 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Richard].Vansant@usace.army.mil, OR (2) FAX this certification, after signing, to: (213) 452-4196. Attn: R.J. Van Sant, OR (3) MAIL to the following address: U.S.ARMY CORPS OF ENGINEERS REGULATORY DIVISION ATTN: CESPL-RG-S-2010-00294-RJV P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 -12 - Applicant: 2__ A licant: Mike and Mary Sutherlin File Number: SPL,-2010-00862-RJV Date: April 26, 2011 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL: C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ECTION I The fallowg itteztti£tes your zthia Irnd olatrsarfs rearclzng an aclriiustrafiv appeal of tlr xbave decrsroxrc(drtrcatrl iif€rrmalian i�ay<be foiixcl at hot , : sasaci�.af<m `:frill inet tmctiori� ew cecvria r`e or,Car �s r�e =tilatlans ai'3S C.F.R1?art,33;1 _ A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the: Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pernut tinder the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 clays of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer, This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. 'This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. -13- "yy� c -r�i/`�}..� �N��La.'�_.�IsF �+AV/✓�b4 .��... .,�- �.._�,�k�'���;. ��^.,.,...,:,.���41��'��Y'.�... �.x^,fi[�J.A���:rM�c, "..� Iv REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you appeal process you may contact: may also contact: DISTRICT ENGINEER DIVISION ENGINEER Los Angeles District, Corps of Engineers South Pacific Division, Corps of Engineers ATTN: Chief, Regulatory Division Attn: Tom Cavanaugh P.O. Box 532711 Administrative Appeal Review Officer, Los Angeles, CA 90053-2325 U.S. Army Corps of Engineers South Pacific Division, CESPD-PDS-O, 2052B Tel. (213) 452-3425 1455 Market Street San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.j.cavanau h@usace.arm .mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. -14 - Applicant Options with Initial Proffered Permit India[ pmfferW per mit. sant to appIImint. Applicant.+corps sqr, standard Does pe rrfk or apolicarit accepts applicant acmpt the letter of permiwion.terms rand conditions of the The project is authorized. Yes inl6al pro"ereci pem it? �,r''� No Applicmit. sends specific cabjacvnrns to distrI& engineer. .i he districkerAjineer will either rrodlfthe p€:mAtto remove all Ati` Gtionable conditions, remove Sonne of Ui a ot;ectionsb Ie conditions, or not rnadfp the permit. A proffered pemat is sett[to the applicant. for=e nsideration',wivi an NAP and an RFA form- ApplicanVCorps Mgr; Anda*(! Dees It* perp �t or applicant a;;o°� appiicant accept the letter permission rorrts and conditions of The projecA is authorized, Yes the proffered permit? No App.itiant declines the prrffered permit. The declined individua= pewit nl y be appealed by subaitting a RFA to the division engineer Nvibbin 60 days a3 the data of the NAP (see Appendix A). Appendix 8 STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov Mike & Mary Sutherlin 14 Bay Island Newport Beach, CA 92663 Date: April 21, 2011 5-10-193 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number. which was sent to you on April 13, 2011 and was reported to the Commission on Wednesday, April 13, 2011 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS E ZVAUG?Hle� Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift COC' CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY Edmund G. Brown, Jr., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-10493 200 Oceangate, Suite 1000 ; n Long Beach, CA 90802-4302 Date: 3/23/110 (562) 590-5071 W 5c Page 1 of 10 APPLICANT: Mike & Mary Sutherlin PROJECT DESCRIPTION: Removal of existing boat dock including float, gangway, six piles, pier and pier platform and construction of a new boat dock consisting of a 10' by 50' single finger float supported by three, 14" diameter, concrete piles, a 3' by 24' gangway, a 10' by 14' pier platform at the bulkhead supported by two, 14" diameter "T" piles. PROJECT LOCATION: 14 Bay Island, Newport Beach, Orange County EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday, April 13, 2011 9 a.m. Santa Barbara Board of Supervisors Chambers 105 E. Anapamu Street Santa Barbara, CA IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. 3 401 • � � .16 NMI o -- e PETER DOUGLAS Executive Virector By: Me Va hn Title: Coastal Program Analyst 5-10-193 Sutherlin Administrative Permit Page 2 STANDARD CONDITIONS: 1. Notice of Receipt a�knowlodgment. 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 Cornmissio� �� office. 2. Qx iration. 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 term or 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 ONS: See pages four to EXECUTIVE DIRECTOR'S DETERMINATION (conflnuefW. The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1076 and will not have any significant impacts on the environment within the meaning of the California Environmental (duality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation poliries of Chapter 3. The applicant proposes to remove an existing U-shaped boat dock including Float, gangway, 6 piles, pier and pier platform and to construct a new boat dock consisting of a 10' by 50' single finger float supported by three, 14" diameter, concrete piles, a 3' by 24' gangway, a 10' by 14' pier platform at the bulkhead supported by two, 14" diameter °T" piles (see Exhibit B). All development will be located between the bulkhead and the U.S. Pierhead line, which is consistent with the existing pattern on site and at adjacent docks. The subject site is located at 14 Day Island, Newport Beach, Grange County (see Exhibit A). The site fronts on Newport Harbor. The majority of harbor front, residential development in Newport Harbor is surrounded by private recreational boat docks. The proposed dock project is similar in function to other docks associated with residential development in the immediate vicinity. The boat 5-10-193 Sutherlin Administrative Permit Page 3 dock will be used solely for boating recreation purposes. The proposed pier platform, gangway and dock configuration occupies slightly less surface area than the existing pier, pier platform, gangway and "U" shaped float configuration (730 square feet proposed vs. 840 square feet existing). In addition, the proposed dock configuration will include fewer piles than the existing configuration (six piles with existing, five piles with proposed). (For existing dock to be removed, see Exhibit C). The site has been surveyed for eelgrass and for Caulerpa taxilfolia. No eelgrass was discovered within 15 feet of the project area. No Caulerpa taxilfolia was found either. In addition, Special Condition 4 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special conditions 3 and 4 identify the procedures necessary to be completed prior to beginning construction in case the surveys expire prior to commencement of construction. In addition, special conditions 3 and 4 identify post - construction eelgrass and Caulerpa taxifolia procedures. The nearest existing public access in the area is along the public walkway along the harbor -front on either side of the bridge onto Bay Island and at the sandy public ocean beach located approximately 3 blocks to the south. The proposed dock would be located within the waters of Newport Harbor. The proposed project has received an approval in concept from the Harbor Resources Division of the City of Newport Beach (Harbor Permit No. 165-014; Plan Check No. 0367-2011) B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or. placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program Coastal Act section 30604(a) states that, prior to certification of a local coastal program ("LCP"), a coastal development permit can only be issued upon a finding that the proposed development is in 5-10-193 3utherlin Administrative Kermit Page 4 conformity with Chapter 3 of the act and that the permitted development will not prejudice the ability of the local government to prepare an LCP that is in conformity with Chapter 3. The Land Use Plan for the City of Newport Beach was effectively certified on May 19, 1932. The certified LUP was comprehensively updated on October 13, 2005. as conditioned, the proposed development is consistent with Chapter 3 of the Coastal act and with the certified Land Use Plan for the area. approval of the project, as conditioned, will not prejudice the ability of the local government to prepare an LCP that is in conformity with the provisions of Chapter 3 of the Coastal Act. As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal act to conform to CEQA. (1) 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. (2) 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. (3) 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. (4) Machinery or construction materials not essential for project improvernents will not be allowed at any time in the intertidal zone. (5) if turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) 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. (7) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (3) all trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (I O)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. (11)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. 5-10-193 Sutherlin Administrative Permit Page 5 (12)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. (13)The discharge of any hazardous materials into any receiving waters shall be prohibited. (14)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. (15)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 (16)AII BMPs shall be maintained in a functional condition throughout the duration of construction activity. 2. Best Manaqement 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 be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (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 will regularly 5-10-193 Suthedin Administrative Permit Page inspect and maintain engines, seals, gaskets, lines and hoses inorder toprevent 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 orsteam cleaning services that recover and pnop�dydiapoe�orre�yo|eaUoontano!natedliquids. 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. A. Pre Construction Eelgrass Survey. Ava|id pre -construction ee|grass marina) survey shall be completed during the period of active growth of eelgrass (typically March through ()Ctobeh. The pre -construction survey shall becompleted prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall beprepared infull compliance with the "Southern California ES|g[@sS Mitigation Policy" Revision 8 (except as modified bythis special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with 'the California Department OfFish and Game. The applicant - shall submit the eelgrass survey for the review and approval of the Executive pp|icant8haUGUbD1ittheee|gr@GSsUrveyfOrtheFeVieVVGDdGppr0va|VftheEXetutive Director within five (5) business days of completion of each 8eigr8os survey and in any event nolater than fifteen (15)business days prior tOcommencement 0fany development. If the ee|grass survey identifies any ee|g[8SSwithin the project arma which would beimpacted bythe proposed project, thedeve|Opnn8ntsha||reqUire an amendment to this permit from the Coastal (}0mO[DiSSiOO ora new coastal development permit. B. Post Construction EeUgrass Survey. Kany ee|nF8ssb;identified inthe project area bvthe survey required insubsection /\0fthis condition above, within one month after the conclusion ufconstruction, the applicant shall survey the project site to determine if any ee|ArGamwas adversely impacted. The survey shall beprepared in full compliance with the "Southern California Ee|gn8s8 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 CfFish 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 nfthe survey. |fany ee|g[asshas been impacted, the applicant shall replace the impacted ee|gr@SSat a rDiViDlUDl 1.2:1 ratio on-site, or at another location, inaccordance with the Southern California E8|graSsK8iUgatioD Policy. All impacts tOee|gD3s8 habitat shall be mitigated at rOini[nUD1 ratio of 1.2:1 (mitigation: impact). The exceptions tOthe required 121 mitigation ratio found within SCEK8P shall not apply. |rOp|eR1eDtatiOD of mitigation shall require an amendment tOthis permit 0[anew coastal development permit unless the Executive Director determines that no amendment or new permit is required. A. Not earlier than 9Odays nor later than 3Odays prior tOcommencement O[ re -commencement Ofany development authorized under this coastal development permit (the "project"), the applicants shall undertake a survey 0fthe project area and 5-10-193 Sutherlin Administrative Permit Page 7 a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. 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: for the review and approval of the Executive Director; and 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 taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 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 property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. RT H1'Z� I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing 5-10-193 Sutherlin btdk noEGpls Admin 4.11 my Bang Maps Web Images Videos Shopping News Maps More I MSN Hotmail Bing 14 Bay Island, Newport Beach, CA M r. Maps Web ! Maps Page i of 1 Sign in v Rancho Cordova, California Preferences COASTAL COMMISSION EXHIBIT" PAGE-- OF-� http://www.biiig.com/rnaps/explore/ 3/23/2011 UJI erg/ �UI 1 14: 3 r 9496313122 -RECEI%VFED- Scvth Coast Region Cl 7- R CALIFORNIA m cszz�� �; Of " MRIPRI!Z On M Received Mar -10-11 12:29pm From -949631312 sok 4)r.. VICINITY 15KETC' AY, Cq 'r0ptWA b 411 ilo ,e 4� oe zowep.,66w. jb,�4 tree 05 t wi li,-f V Y "'COASTAL 60MM' ISSION /07.1 EXHfQ1T V 1 eLp 2 To—California Coastal Page 004 Uzi/ U01 Zrill 14: ZJ f 'y 4 �:Jb,31.J1 L1 RECEIVED - SOA Const Region C/" Y NAR &kAajbpr . CALIFORNIA COASTA COMMISSION -�•W •��A 11IS••wY1hiY 11I19� OF NEWPORT BEACH Received Mar -10-11 12:29pm `,�Wlr I5L1Y'UUL;Kt'ltl'� 1-'€-1�7t k14i t',-. (6p. . 20 'fir ',,/'S✓j%,/.jf;�,�r,/i�t .'+ v +'lis �r1�•V �fL4v,+p t 1 4y Ale - 1 t� .:. ' Soirr�.d��gs ,. ����•: �r�,�V•�.�'1i'�c�ct;iir-.��'�:t+�� � e� -",_ __ - , 1b�P',.''°-•�•f�tid` �-.V� • •�'arp�m �+at �iofer'.,ry are ,It.� v�tr'��v •9 phis . #�afra - s ° ✓ I�•,, T . ter., j v , 411 r'' f` a� fQti�ia'' +7�1sta1 commission � ;`+b ;�'`'-.�y�;•'. � S()utl:,Coast I?istxict Office PorhAt No... -- 27? From -9496313122 To -California Coastal Page 004 SWIFT SLIP DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: amanda.swiftslipOlsbcglobal.net www.swiftsIipdocks.com November 02, 2010 Adam Fisher California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Boat Dock & Pile Replacement Dear Mr. Fischer: We are acting as agents for the applicant listed below. This is notification that we intend to replace the boat dock and pile at the address referenced below. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Mary Sutherlin 2. Project Address: 14 Bay Island , Newport Beach Ca. 92663 3. Applicant Phone: (714) 932-5646 4. Parcel Number: 048-040-02 5. Scope of Work: Remove existing dock structure. Install new float with (3) 14" pile. New 3' x24' gangway, 10'x1 4' pier with (2) "T" pile. 6. Latitude/Longitude: N. 33.60582W. 117.90589 7. Applicable Fees: Enclosed is a check for the application fee of $77.00. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Regards, SWIFT SLIP DOCK & PIER BUILDERS, INC. Amanda Spooner Permit Division -• _ JTIV.+ -- 3wArI.7L.1rJUL)UlrIr-M rH\7t UZI0J HARBOR RESOURCES DiIViSiON 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 March 9, ZU11 Special Conditions Properly Address: 14 Bay Island With reference to the plans currently under consideration at the 6bove referenced address to reconfigure or modify the dock system or bulkhead, the followi g conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project prdponent understands that the above referenced structure(s) is under the purview of these P©licie- and Codes. 2. Any future work on the above mentioned structure(s) requ"s permits with the City of Newport Beach and any other applicable agencies. Painting i nd work considered lei be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or altei4ons to the clock system and/or hulkhead may require new conditions which may override jor change these conditions. These conditions supersede all past conditions associated with thisproperty. 4. Only marine oriented uses are allowed on the pier, pier platforyn, gangway and float. Patio furniture, plants etc ... are not permitted. I 5. In accordance with Municipal Code 10.08.030 A. theec 1 ro'l p t proponent shall ubldin the proper permits for equipment and materials storage. "Except a$ otherwise provided in this section, no person shall use any publio street, sidewalk, alley for parkway or other public property for the purpose of storing or displaying any equipment, ri aterials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleyd, 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 ternpo'rary 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." 8. The project shall be implemented in conformance with the LocAl Coastal Program - Coastal Land Use Plan. Page 1 of 2 Z d deZ: I.6 l I• -V0 unf Zlo/ rill tel l /U. J:J 747001 J1 GL x+_11 I.+ . ---1 ` 1— ' """ __ 7. In accordance with Municipal Code 10.28.040 the followinnoise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in con ruction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, Operate arty triol, 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 �aturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays_ No parson shall, while engaged in construction, remodeling, digging, grading, demolition, painting, pstering or any other related building activity, operate any tool, equipment or machine in a anner which produces loud noise that disturbs, or could disturb, a person of normal sensit#vit :ho works or resides in the vicinity, on any Sunday or any federal holiday." S. Your side property lines extend in the water along theirse 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 tie westernmost side of 'the float is 10'. 1 Lisa Walters, Harbor ante Date L Joint Pier Applicant Signature (if applic"e) Print Name Page 2of2 Date £•d d£Z: i, I. i, i, -V0 Unf 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 existing dock structure. Install new float w/3-14" pile. New 3' X 24' an wa , 10' X 14' Pier w/2 -"T" pile. 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: 14 Bay Island Legal Description: Harbor Permit Number: 165-014 Plan Check Number: 0367-2011 Applicant: Mike & Mary Sutherlin Applicant's Mailing Address: 14 Bay Island, Newport Beach, CA 92663 Phone Number: 949-631-3121 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. Lisa Walters, Harbor Resources March 9, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Page 1 of 1 III Thanks, , �. -- ``c From: Amanda[mailto:amanda.swiftslip@sbcglobal.net] Sent: Thursday, February 24, 2011 10:44 AM To: Meg Vaughn Subject: RE: Sutherlin App #:5-10-193 Good morning Meg, I left a message with the commission yesterday but am not sure if those reach you so wanted to email you as well. I wanted to let you know that I spoke with the Sutherlins and that they were more than willing to reduce the pier size from the 10' x 17' to 10' x 14' if it meant it could go to hearing faster. Our major concern at this point is getting approval before the mid-June construction deadline set forth by their HOA. Therefore, we will gladly make this compromise. So if we reduce the size to the 10'x 14', does that mean we could get on the April docket? Please let me know when convenient because with this project at least time is really of the essence and the sooner we can get it to hearing, the better in order to meet the deadline. 3IC&I I I Thank you, -Amanda Spooner Permit Coordinator Swift Slip Dock and Pier Builders (949)631-3121 3/1/2011 Worksheet for Building Combo Permit Application , � City of Newport Beach - Building Department Please print 3 copies HARBOR "SOURC, ES D(Building f—, Grading F -Drainage F7 Elec MMN (WiNIMAIDC) I DcAru om?�.Wvm IWII&O Wr=11WIR 1. Project Address (Not mailing address) rC,141(:Pr LSuit p No .... . . ............ ............ .......... # Units (if Residential) Tenant Name(if Applicable) F77 .............. ...... Z. Description of Work Use may, .............. .......... .......... ................ .................. ................... ........... Valuation $ Exist House SF Demo House SF Add/Reconstruct House SF ....................... F777 F .......................... Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF # Stories F777 F77 Cu Yd Cut TOTAL HOUSE SF ............... - ............ . ; New 17 Add J7.... Alter [—..Demo F77. TOTAL GARAGE SF Cu Yd Fill Check Appropriate Box for Applicant F -T 3. Owner's Name Last First ............................ ............... .......... . ............... Owner's Address Owner's E-mail Address ............ A . . ..... .... . . ... .. .... .. . . ......... ............. ........... ............ . ........... ................................ ............ City State Zip Telephone 6\\A__ \Q\_T�_X(S �................. .......... F- 4. Architect/Designer's Name Last Lic. NaFirst ... ... .. .. . . .. ... . ...... .............................. Architect/Designer's Address Architect/Designer's E-mail Address F77............. ................................. ............................................................ .................... F77 City State. zip! Telephonel., ......................... ................ .............. First Lic. No. r- 5. Engineer's Name Last I _'..........e_...._F .......... .......... ....................................... -11.1 1.11-T................ Engineer's Address Engineer's E-mail Address ............ ............................................ . ........... ........... .........__ . F City State j zip Telephone F ................ 6. Contractor's Name Last . First Lic. No. lass ...................................... ............................... .. . ........................ Contractor's Address Contractor's E-mail Address .................. ............... .................... ............... ...................... .................. City zip State Telephone Q!, i OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO. D- 1 /10 In 7 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ mm I Nro�y, p o mrd ��m�•� Olt . C, a VICINITY dm P"7 M°�rr �lrpY r+xr PAY qA4 IrOPIA' y JCr, REQ!� $'o Unp�inga W!'a 014,0+'csiad: ons dpno�s DFNEWPORT ' T� _ °�i�►' ►1 ��lqr� .rt-foorJ 4awpr."io 'WaAre. rt9axi.,.vv� aongo of i�+i' �?'Az/�v ?,WV %O+ rPrS 'Naar�r %i7ts - circ 'raiv��l'�ti� Aw �lri$ .�C'¢iasy 4rl'Ncw,00-r� Bad 4 a -- .;�G��'� � T leg WA 44 l f rV�v1J a I ter 6 r f -a 4� (04 000imm fq� Scst va .� ter; . • a E C tl ----- ----- cle- A C Vici miry S k H k � Pip '5�b C/"-1 dvj a -a 41F;,-,J�s tra sir /'Wr/ 0,)d 0'4? 6L, �i below n4o'C7 ry zowep 40 v / �,_0x/,,vfd4Vy /04" eyae6or All m m, In"IL �Wk 4 f 14 TR LC AAJ eA cr,, A Y4 4 DA 2726 hll WS ego CA 92106 236-0013 -f ' r i 25 June 2010 To: Mr. Brady Helm Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass Survey, Sutherlin Residence, 14 Ray Island, Newport Reach, CA, #3796 Dear Mr. Brady Helm, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for the dock replacement project at the Sutherlin Residence, 14 Bay Island. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the project area. As you know, this preliminary report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout the Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, Kira Withy -Allen & Richard Mann WSSI Environmental Consulting & Monitoring 2726 Shelter Island Dr. San Diego, CA 92106 kirawithyallen@wssica.com; mann@wssica.com (800) 236-0013 Office W s n e a b B te921 a`rthS S 1 8 € - tax. 225-9730 (fax) t Morally Residence, 14 Bay Island Newport Beach,i Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey 25 June 2010 Report Prepared By Kira Withy -Allen Survey Assistance By Molly Colvin 2726 Shelter Nsland Dr. San Diego CA 92106 s s 1 (800) 236-0013,- (800) 225-9730 (fax) 2726 92106 WS !! . 2 ar. S 1 () 11 2726 Shelter aF WS San Diego CA } 6 i t 225-9730 (fax) Results No eelgrass (Zostera marina) nor Caulerpa sp. was observed in the surveyed area. The depth ranged from 2 ft at the bulkhead to 10 ft throughout the surveyed area. Water temperature was 66° F (19°C). Depth adjustments based on local tide information: 7.0 6.0 5.0 4.0 3.0 2.0 1.0 0.0 —1.0 3:12 AV -0.9 9:43 NM 16 <<- Days Thu, Jun 24, 20-110 Days Y $ 2:05 PM 2.2 X1:27 MA 6.3 Discussion The absence of eelgrass was not unexpected, given the poor light penetration in the vicinity of the area. No impact to eelgrass is expected with the removal of one pile and the new dock configuration. I <`. r <\ s 777 r f „ m 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 S 9 10 11 12 3:12 AV -0.9 9:43 NM 16 <<- Days Thu, Jun 24, 20-110 Days Y $ 2:05 PM 2.2 X1:27 MA 6.3 Discussion The absence of eelgrass was not unexpected, given the poor light penetration in the vicinity of the area. No impact to eelgrass is expected with the removal of one pile and the new dock configuration. I 2726 Shefter Wand Dr. San Mego CA 92106 WS S 1 (800) 236-0013 - (80 0) i Site Photos WS 2726 F e l i€dr. San Mego CA 6 E 3 ws{s ' + ; <.nd 92106 ( (fax) 2726 Shelter Island Dr. San DOego CA 92106 WS S 1 (800) 236-0013 - (800) 225-9730 (fax) Current dock layout �e ;.e", WSS 2726 Shelter Island San Diego CA 92106 1 (800) 236-0013 - F 00 I 225-9730 (fax) Caulerpa Survey Reporting Form 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). Report Date: 25 June 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 14 Bay Island, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.607362 Lat accuracy level, and an W 117.905637 Long electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen & Molly Colvin, above): (name, phone, kirawithyallen@wssica.com e-mail) Permit Reference: pending (ACOE Permit No., RWQCB Order or Cert. No. Is this the first or second First survey survey for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. Description of Permitted Work: A new dock configuration will replace the (describe briefly the work to existing dock. One pile will be removed. Please be conducted at the site see attached drawings and descriptions of the under the permits identified proposed dock layout. above) Description of Site: Depth range:2-10 fppt Substrate e: silty sand & mud (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 66 deg F Salinity: Dominantflora: none provide units for all numerical information). Dominant fauna: Sponges and bivalves Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort: • Survey date and time period: 24 June 2010 2:15 PM Horizontal visibilityin water: 3 feet (please. describe the surveys conducted including type of Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Survey personnel: Kira Withy -Allen & Molly Colvin Describe any limitations encountered during the survey efforts. Survey density: none found . Survey limitations: none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 9, 2011 Property Address: 14 Bay Island 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 westernmost side of the float is 10'. 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) 644-3044 / 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 existing dock structure. Install new float with 3-14" pile. New 3'X 24' an wa . 10' X 17' pier with 2-14"'T" pile. 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: 14 Bav Island Legal Description: Harbor Permit Number: 165-0014 Plan Check Number: 1212-2010 Applicant: Mike & Mary Sutherlin Applicant's Mailing Address: 14 Bay Island, Newport Beach, CA 92663 Phone Number: (949) 631-3121 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. Lisa Walters, Harbor Resources July 9, 2010 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 farm Worksheet for Building Combo PermP0 Departm"Pant RIMURCES City of Newport Beach Please print 3 copies -Building CITY 0 POR B B U11�WO� :Building Grading f—.Drainage Elec Mech F7 f7. F Mech (uln fn 1- --7 hi hj A 1. Project Address (Not mailing address) A -q IS F77 ......... .. .................. Tenant Name(if Applicable) # ........... .. . . Units (if Residential) 2. Description of Work Use X� ............ .............1...........0........5......4...............1.......A...........W................................o6 Exist House SF .f .. ?..P. ..l..... Demo House S F Add/Reconstruct House F ............ .......... ............ - Valuation $ Exist Gar SF ............................. Demo Garage SF Add/Reconstruct Garage SF F777 ............. ...... ..... .......... . # Stories FA New F. Add TOTAL HOUSE SF .............. Alter r Demo ....... .... . Cu Yd Cut F77 TOTAL GARAGE SF I Cu Yd Fill F77 Check Appropriate Box for Applicant CL -U,6 -)s ........ ... ... .. .... ... ...... . .. F- 4. Arch itect/Des i g ner's Name Last First Lic. No. ............................................................................................. ........ ................ ............................................. z _ : c _.a_ orffl M a � _gin . ............................... ................ ...... . ..... ............... ... . ..... ............................ ...`............_. Zip Telephone[3\ SO I......®.�.........� FcityState 3 � 2........................................................................... ....... - .... ......... ....... .................................... .. .. .. ...... FAvd 7 Lic. No. 6. Contractor's Name Lastl Cw-rrt [,. - I A ........................................ ................ . ..................................... 1-1 Q ................. ............ ..... ........... .. ...................... Contractor's Address �03�n@aq J Joag)iii mail Address ZO Z-7 MW ....... ... . .... ..Nh _, P ORT BENC,­ .. ...... . ............... ............................................................. - ............. .................................................. ------------------- City State zip Telephone ........................................................................ - ........... . ..... .............. ........ .. ... - - . ..... OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ PERMIT NO PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions July 9, 2010 Property Address: 14 Bay Island 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 westernmost side of the float is 10'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 2726 Shelter Island Dr. San Diego CA 92106 WS S 1 (800) 2360013 e (800) 225-9730 (fax) 25 June 2010 To: Mr. Brady Heim Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass Survey, Sutherlin Residence, 14 Bay Island, Newport Beach, CA, #3796 Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for the dock replacement project at the Sutherlin Residence, 14 Bay Island. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the project area. As you know, this preliminary report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout the Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, t A Kira Withy -Allen & Richard Mann WSSI Environmental Consulting & Monitoring 2726 Shelter Island Dr. San Diego, CA 92106 kirawithyallen0Pwssica.com; mann(iPwssica.com (800) 2360013 Office 2726 Shelter Island Dr. San Diego CA 92106 S S 1 (800) 236-0013,,(800) 225-9730 (fax) Morally Residence, 14 Bay Islani Newport Beach, CA Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California 25 June 2010 Report Prepared By Kira Withy -Allen Survey Assistance By Molly Colvin 2726 Shelter Island Dr. San WS S 1 (600) 236-0013 - (800) Diego ` (fax) Introduction The homeowners at 14 Bay Island would like to construct a new dock that will result in the removal of one piling and a new dock configuration. Drawings of the current and proposed dock layouts are attached to this report and further information can be found in the additional application(s) submitted by the contractor. This survey was conducted to determine presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the project site vicinity. Figure 1: Project Site at 14 Bay Island, Newport Beach, CA. 1 tZIA,� q 't,14 ay Island rt- a Al r xi PORT BEAC v ' .°•' l R Fa + a a � 9.fl 2726 Shelter IsNand Dr. San Diego CA 92106 WS S 1 (800) 236-0013 ® (800) 225-9730 (fax) The survey was conducted by Kira Withy -Allen and Molly Colvin, biologists and certified Caulerpa inspectors, on 24 June 2010 beginning at 1415hr, at approximately N 33.607362', W 117.9056370. The weather was sunny, in the low 70s, and the water was 66°F. The divers entered the water from the dock and used SCUBA to survey the area approximately 52 ft (-16 m) by 87 ft (-26 m). Transects were delineated to cover all shade -impacted and potential work areas. Water visibility was approximately 3 feet. The divers surveyed along transects at approximately 10 ft (3 m) intervals, scanning a 3 -foot area on either side, through the entire survey area to ensure a minimum of 75% bottom area coverage (Figure 2). 2726 Shelter Island Dr. San WS S 1 (800) 236-0013 Diego ® (fax) 2726 Shelter Island Dr. San WS S 1 Diego C 225 C 2726 Shelter Island Dr. San WS S 1 (800) Diego 236-0013 - (fax) 2726 SheNter Island Dr. San Diego CA 92106 WS S 1 (800) 236-0013 - (800) 225-9730 (fax) 2726 Shelter Island Dr. San WS S 1 Diego Q - ) (fax) Current dock layout v; ! A a Y 2726 Shelter IsNand Dr. San Diego CA 92106 s s 1 (800) 236-0013 -,(800) 225-9730 (fax) Caulerpa Survey Reporting Form 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). Report Date: 25 June 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 14 Bay Island, Newport Beach,CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.607362 Lat accuracy level, and an W 117.905637 Long electronic survey area map or hard copy of the map must be included Survey Contact: name, hone, e-mail)Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen &Molly Colvin, above): (name, phone, kirawithyallen@wssica.com e-mail Permit Reference: pending (ACOE Permit No., RW CB Order or Cert. No. Is this the first or second First survey survey for this ro'ect? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. Description of Permitted Work: A new dock configuration will replace the (describe briefly the work to existing dock. One pile will be removed. Please be conducted at the site see attached drawings and descriptions of the under the permits identified above) proposed dock layout. Description of Site: Depth range:2-In fp-p-t Substrate e: silty sand & mud (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please 66 deg F -Temperature: Salinity: Dominant flora: none provide units for all numerical information). Dominant fauna: Sponges and bivalves Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort: Survey date and timeperiod.,24 June 2010 2:15 PM Horizontal visibilityin water: 3 feet (please describe the surveys conducted including type of Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Surveypersonnel: Kira Withy -Allen & Molly Colvin Describe any limitations encountered during the survey efforts. Survey density: one found Survey limitations: none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) C/ r Y oma' A riwoRr d r. 4cAv �a C7 C V 20 1 / + r CF O. PI&A ) 'w p iSer�z�� D 1 MFGF Iasi PILO z'I I ro av CHr.w VICINITY SKETCH N/wsFaprr OAY (7ALWORNIA y Z jrrrr H RBOR RESOURCES IV. Soundhgs are e•Gaessed m. /-er� and dono�d C TY OF NE RT CH &#�w�hs below Meo•7 Low« bow WO�Cr, MOX/11Vv117 rant'• of fids o ��-ox�!rro�e/y /O dirt( Hwlior /.ices vre ssVoRe'sh.d�a+ �Irrs , sa��io r ofev-d W, r, Bad a California Co al Commission South Coast istrict Office ev car APPRovP Li' Permit4e �1 '\o � ����,' Re+Ng�amo tp, and (ct4dj 1J Date: ,_ ' 6x/F3 seGrCo� had e4 areas fio rema+r\ L M1l o fhe ✓ char, �s 9ft GRASS INSPECTION zd- NO EEL GRASS IN 15' OF JECT EEL G S IN ?8(, EC EA SIGNATURE m�. y PERMIT # DATE PIP SSD s¢ f�q� scst,vo I eA.vTs : I.JAR �t) �. PA�2a o r: / � BGk,.;. 9AcT:' pi ,/ a Ao.. ss /�' �? /S".Ot) G'a,vr��cra,�:5'WI FT" oars; /-/.7-0 S% 4-d- OF CALIFORNIA THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 Date: February 15, 2002 Permit No. 5-01-460 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on January 17, 2002 and was reported to the Commission on Wednesday, February 6, 2002 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director By: MEG VAUGHN Coastal Program Analyst CC CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION Permit Application No.: 5-01-460 Louth Coast Area'Office .00 oceangate, Suite 1000 Date: January 17, 2002 "�► Long Beach, CA 90802-4302 Page 1 of 7 (562) 590-5071 ADMINISTRATIVE PERMIT APPLICANT: Warren Parker PROJECT DESCRIPTION: Reconfiguration of an existing boat dock consisting of removing and reinstalling a 6'x 18' section in a new location. The resultant dock will be a U-shaped, dock with 6' wide fingers and back walk. Existing piles will be used in their existing locations. No new piles are proposed. No fill is proposed. PROJECT LOCATION: 14 Bay Island, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday,_ February 6, 2002, 9:00 a.m. Hyatt Regency Islandia 1441 Quivira Road San Diego, CA 92109 IMPORTANT - Before you may proceed with development; the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special. conditions, we will send you a Notice of Administrative Permit Effectiveness. PETER DOUGLAS Executive Dire for By: Me -)Vaughn Title: Coastal Program Analyst 5-01-460 (Parker) Page 2 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 this permit is reported to the Commission. 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 term or condition will be resolved by. the Executive Director or the Commission. 4_ Assignment_ The: permit may he assiened 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: See pages six and seven. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which, pursuant to PRC Section 30624, qualifies for. approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTWE DIRECTOR' -S. DETERMINATION: A. Project Description The applicant proposes to modify an existing boat dock by removing and reinstalling a 6'x 18' section in a new"location. The two remaining sides of the'existing U-shaped dock will remain in their existing location. The resultant dock will be a U-shaped dock, with 6' wide fingers and back walk. Existing piles will be used in their existing locations. No new piles or pile relocations are proposed. No fill is proposed. The existing and proposed docks are within the U.S. Pierhead line. The floating dock will only be used for boating related purposes. Because no new piles are proposed, no fill of coastal waters will occur. The subject site is located on Bay Island in Newport Harbor. Bay Island, like the majority of Newport Harbor, is fringed with private recreational boat docks associated with residential 5-01-460 (Parker) Page 3 development. The proposed dock revision is similar in function to other residential docks in the immediate vicinity. The boat dock will be used solely for boating recreation purposes. Bay Island is a private residential island accessed from the Balboa Peninsula. The nearest public access is available along the public walkway that surrounds Balboa Island, approximately a half mile to the east. Public access also exists along the ocean fronting sandy beach, approximately one half mile south of the subject site (Exhibit A). The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. The proposed project has received approval in concept from the City's Harbor Resources Division (Harbor Permit No. 165- 14). The applicant has applied for approval of the proposed project from the U.S. Army Corps of Engineers (Exhibit C). The project has received approval from the California Regional Water Quality Control Board (RWQCB). The RWQCB has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used (Exhibit D). B. Water Qualitv Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow; encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. The proposed project is located in and over the coastal `eaters of Newport Harbor (Lower Newport Bay). Newport Bay is a critical coastal water body on the federal Clean Water Act 303(d) list of "impaired" water bodies. The designation as "impaired" means that water quality within the water body does not meet State and federal water quality standards designed to meet the 1972 Federal Clean Water Act goal of "fishable, swimmable" waters. The listing is made by the California_ Regional Water Quality Control Board, Santa Ana Region (RWQCB), and the State Water Resources Control Board (SWRCB), and confirmed by the U.S. Environmental Protection Agency. Further, the RWQCB has targeted the Newport Bay watershed, which would include Newport Harbor, for increased scrutiny as a higher priority watershed under its Watershed Initiative. The standard of review for development proposed in coastal waters is the Chapter 3 policies of the Coastal Act, including the following water quality policies. Sections 30230 and 30231 of the Coastal Act require the protection of biological productivity, public recreation, and marine resources. 5-01-460 (Parker) Page 4 The proposed development will occur over and in the water. Construction of any kind adjacent to or in coastal waters has the potential to impact marine resources. The Bay provides an opportunity for water oriented recreational activities and also serves as a home for marine habitat. The coastal recreational activities and the sensitivity of the Bay habitat necessitate that water quality issues are addressed during the review of this project. Storage or placement of construction materials, debris, or waste in a location subject to erosion and dispersion or which may be discharged into coastal water via rain, surf, or wind would result in adverse impacts upon the marine environment that would reduce the biological productivity of coastal waters. For instance, construction debris entering coastal waters may cover and displace soft bottom habitat. In addition, the use of machinery in coastal waters not designed for such use may result in the release of lubricants or oils that are toxic to marine life. Sediment discharged into coastal waters may cause turbidity, which can shade and reduce the productivity of foraging avian and marine species ability to see food in the water column. In order to avoid adverse construction- -related impacts upon marine resources, Special Condition #1 outlines construction -related requirements to provide for the safe storage of construction materials and the safe disposal of construction debris. Special Condition #1 requires that the applicant dispose of all demolition and construction debris at an appropriate location. This condition requires the applicant to incorporate silt curtains and/or floating booms when necessary to control turbidity and debris discharge. Divers shall remove any non-floatable debris not contained in such structures that sink to the ocean bottom as soon as possible. The proposed dock project will allow for the long term berthing of boat(s) by the homeowner. Some maintenance activities if not properly regulated could cause adverse impacts to the marine environment. Certain maintenance activities like cleaning and scraping of boats, improper discharges of contaminated bilge water and sewage waste, and the use of caustic detergents and solvents, among other things, are major contributors to the degradation of water quality within boating facilities. As mentioned above, Lower Newport Bay provides a home for marine habitat and also provides opportunity for recreational activities. The Bay eventually drains into the Pacific Ocean through tidal flushing. To minimize the potential that maintenance activities would adversely affect water quality, the Commission imposes Special Condition #1 that requires the applicant to follow Best Management Practices to ensure the continued protection of water quality and marine resources. Such practices that the applicant shall follow include proper boat cleaning and maintenance, management of solid and liquid waste, and management of petroleum products, all of which associated with the long term berthing of the boat(s) (more thoroughly explained in Special condition #1 of this permit). Therefore, only as conditioned to minimize construction related impacts during the dock repairs and to follow the Best Management Practices listed in Special Condition #1 does the Commission find the proposed project consistent with Section 30230 and 30231 of the California Coastal Act. C. Local Coastal Program Section 30604(a) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified local coastal program. The permit may only be approved if the Commission. finds 5-01-460 (Parker) Page 5 that the proposed development will not prejudice the ability of the local government to prepare a Local Coastal Program which conforms with the Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was effectively certified on May 19, 1982. The City currently has no certified implementation plan. Therefore, the Commission issues coastal development permits within the City based on the development's conformance with the Chapter 3 policies of the Coastal Act. The LUP policies may be used for guidance in evaluating a development's consistency with Chapter 3. The City's LUP states that the City seeks to insure the highest quality of water in the bay and along their beaches. The proposed project is conditioned to adhere to construction responsibilities, debris removal and Best Management Practices. Thus, the proposed project isnot expected to create additional adverse impacts to water quality and the marine environment and therefore attempts to insure the highest quality of water in the Bay and along the beaches. As explained above, the proposed development is consistent with Chapter 3 policies of the Coastal Act and with the LUP. Therefore, approval of the proposed development will not prejudice the City's ability to prepare a Local Coastal Program (Implementation Plan) for Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(x). D. California Environmental Qualitv Act (CEQA Section 13096(a) of title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project as conditioned has been found consistent with the marine resources policies of the Coastal Act. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-01-460 (Parker) Page 6 SPECIAL CONDITIONS: A. Construction Responsibilities and Debris Removal (a) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion, and dispersion. (b) Any and all construction material will be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (e) 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. (f) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. 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 will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. 5-01-460 (Parker) Page 7 (c) Petroleum Control Management Measures: 1. Oil absorbent materials should be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters are encouraged to regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters are also encouraged to use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Clean and maintain bilges. Do not use detergents while cleaning. The use of soaps that can be discharged by bilge pumps is discouraged. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 5-01-460 Parker bt dk admn 2.02 my 3i SEE A B C D E IF 1 r. _r • IAN OhLL i - �oo • r.A u • SE1M E ST W GOrERNOa T y � y� a E C W�tila �•.Ouc Sr N�MILTON 6 n '! J : > - a r HOWELL K UPPER - rc. E.ovE i 0 W ST I sAT S _ a` "� �u—yL rumpi �,i/lA [Svoe9t[[w ST _ O._ r ♦ �f 4r �►+ t • .. 1� nra+++nr�w r. /f/T .. r �.I DOOn000 F ST BE '�vi•ST l (y i /• nvwwo .''i. Ms(ww i , t r ) • C[OAA 13. YCN ST ST a .. _ 4 ❑ r yS� nr. 9w K 500 HTM 4 W 400. s Rw. o TOWNE ST co MrJ�- IA-05lsTn I ST rr••t �' o- 4f - '•4r + � _ 6UNbET O�TI uMAR a rt— _ pi. O f00vm s I d.rs w. "r v s �r y �� 2,' 3 g, g + r roo PROouVioN `rr fty w a t •Oy. N ASP �}+• �.tt .� p `Y e + "► +O' t 4 p ,� ?'i �'�p�P'Q.. S? r ,,` •S, i ` 3 t I dY ` ery? 4 l.. rr4 �`�.�o+d4 � a '` ri'i�•�'`;' IM � a� Q.d � ��; y� �r s oyy ®, 4 � ya :fit rrV MAW Ja1IJ WLLAW e J, ii r S�'L`� as :.,r \? + / �� f •Io- Saoµ i ' UWA is w ZLAW '�i fi�a~+ • . \ II s` •yI l �� tr -- r LOwFR e NA 0.., k NEIPMRT Is rly 4'II ` r rACMr Cl Owl COtIMs rs1[ OAE alr o M fi1L_ SAY AL NE NWOc»Asi`�' re JA le w EXHIBIT NO. ,&,'l APPLICATION NO. _ 0 / t ifomla Coastal Cl r Y aw r 4,1.„ ,% I y/ \s I0 i v ick i 36' 3OR RESOURCES DIV. O ORT AC E k. J may 727; t 4r w `• p 0 #Np*' VicimITy. 51<ETChI ti .,.��,r i CM, Ntw►NRI DAY CAC WORNfA Sound�•rgs • wi• orwaisbd �n _ iid and d•�!o�s day. oo.4e -below Maori Lower re#p9• e/' 011e+4 a �ro;i.wbal,✓y IID +%irtit Norbor /.its are sodoi/fslrevh;s . seeficW *yr. vdW,~1 so/: RuNg+a lhr ��� �• RcrnotAf, and remfe jj v I 6x /g Seci70 r � o -p Shad ed a rest s to _e 4 A �,• No IC WorF 'EAQ GRASS INSPECTION -NO EEL GRASSWI IN 15' �O��F EEL GRASS IN 7 Q'I�'A, SIGNATURE MIT # DATE IWA ../tee _4_0p4'_iss - /f/ o /-/- 9.4 � Is” N ) COASTAL COMMISSION EXHIBIT # PAGE OF aiek; �.* T OArX.11-11-0 Sent by: usace regulatory branch To:, CA Coastal Commission LB US Army Corps of E11gIneerse LOS ANGELES DISTRICT 213 452 4196, 12/13/01 15:34; IgLfj #916, Page 1/4 At: 915625905084 LOP FACSIMILE 'TRANSMITTAL 2002-00304-CjF U.S. Army Corps of Engineers Contact: Los Angeles District, CESPL-C(a-R Name: Cori Farrar P.O. Box 2711 Phone: (213) 452-3296 Los Angeles, CA 90053-2325 FAX: (213) 452-4196 Email: corice.j.farrar@usace.army_mil DATE 1Nn TATED: December 13,2b01. Please Teview the LOP materials and provide substantive, site-speciF;c comment,-. to the District on or before December 31, 2001. If no comments are received by this date, the District assumes compliance with 33 CFR fart 325.2(e)(1). [X] Ar-FUCY CCC, San Francisco FAX Nhim bez (415) 904-5400 Atm James Raives [X] CCC, Long Beach (562) 590.5084 �Yr■i�i��' [ I CDFG, Bishop (619) 872-1284 Bruce Kinney [X] CDFG, San Diego (619) 467-4299 Marilyn Fluharty [ ] CDFG, Santa Barbara (805) 5WI235 Morgan Wehite, Ken Wilson (] CDFG, Yountville (707) 944-5563 District Biologist [ ] CRWQCB, Central Coast (805) 543-0397 Michael Biggins/Sorrel Marks [ ] CRWQCB, Los Angeles (213) 266-7600 Tony Klecha [X] NMFS (567) 514-b194 Bob Hoffman IX] U.S- Coast Guard (310) 732-2029 Lt- Rob C:oller [ ] U.S. Coast Guard (San Diego) (619) 663-6314 Lt. MT Cunningham [X] U.S. EPA, W-3-3 (415) 947.3537 Steven John (] U.S. FWS, Ventura (805) 644-3958 Diane Nada [ j SHPO (M Only) (916) 653-9824 Knox Mellon W U.S- FINS. Carlsbad f76Di 4.31-9624 Tim Bartel COASTAL COMMISSION 5 01. -y (P D EXHIBIT # PAGE_, -_OF Sent by: usace regulatory branch 213 452 4196; 12/13/01 15:34; AffjU /i916;Page 2/4 APf?UCANT NAME: Warren Parker AGENT NAME: Swift Slip— Beth Swift (949) 631-3121 WATERWAY NAME: Newport Bay LOCATION. The proposed dock reconstruction project is located bayward of 14 Bay Island, Newport Beach, Orange County, California- (see attached diagrams). BRIEF DESCRIPTION OF THE PROPOSED WORK: The proposed project is to rwonfigure an existing boat slip by removing a 6' X 18' section of boat dock from cine side of an existing dock and reinstalling it on another side. Installation of no new pile is proposed as part of the proposed dock replacement project. The purpose of this dock project is to accommodate boat moorage. The project has been surveyed for eelgrass (11 /29/01 by Wes Armand of Newport Harbor Resources) and no eelgrass or eelgrass debris was observed in the project area. The applicant sent correspondence regarding this project to California Coastal Commission (12/4/01) and Regional Water Quality Control Board (12/4/01). AREA OF WATERS SUBJECT TO LOSS AS A RESULT OF THE PROPOSED PROJECT: The proposed work would not result in any net increase in overage of the waters of the US. ESSENTIAL. FISH HABITAT: The proposed project would include temporary construction activities in an existing marina. Since the footprint for the replacement dock would be virtually identical to the existing dock, no additional open water habitat would be affected by the proposed project. During the proposed construction activities, there would be short-term adverse impacts to open water habitat that exhibits relatively limited physical and biological functions; however, the proposed project would not have any permanent impacts. Due to the temporary nature of the impacts associated with the proposed project, the Corps has determined that the proposed project would not adversely affect areas deSivnatecl as "essential fish habitat nor s>7ecies protected under MSA. Seni oy usace regulaiory orancn idl:i 4nZ 4lHbj 1L/1;]/U1 15:;]0; /e[tju # lfi;rage ;J/4 Clty r>' op /1/zwo-Pr exwo .r 34-4 4 lX.pllr �Ni,�` rll © Q �I r � � N � -Alba OWA Q I Ji ILI � IotaeQt3- /,'ado' VICINI'I'I! SRETCIdI �... 1/017 / 3P' WOW"#r DAY C,atrro*WrA y i ��Yry i MOR RESOURCESIV. - ` Souneyw90 orr ••4w•erood in 4� 04,W oaf. 3 TY OF N RT 9CH e1wilho i./ow A+savy cower 4wwr WbArr. tworl•• u- - ""FP i •/r ilei:v+} -:wd 1pwy Ib 4p" IV—A&,/11?vS arq ea0ciWesAa w leis . =�afiar o�'No�✓ l aor rd .v ° �$� ` l�• . Rcrmz and (Cr 4ed r. /AJ Atw P 05 fIvh .+ Q Shaded a rea c to re ma .111 1vD pile WOO" 3 Ilk s =ice GRASS INSPECTION f NO EEL GRASS VRHIN 15 OF ECT',;a EEL 9 rl F80JE EA SIGNATURE �,r• Q' a' I 1161 r '9 PERMIT DATE !C : 1,JA4J4 e, /"f1 RFl� ar-r /-V- Bilk. �4cT: j Jee Amesis' Ale %5'- /��tr'%S�,Jt�c1ts �av,;;,ic�a�r;5'W1F:T- C�.gr�s�/it-oj C3 OWIL uy:- usace regularory- orancn 213 452 41Nfi; 12/13/01 15:35; JgL&L #916;Page 4/4 I 4 R Q tl t39V7d DarYln�rr' w ltd -OS I l . g1 063J Mori 6 IAV NO w 1p '.b,ZU Oy r (� + r 4 L�,c I ir-- ONOSI IN a r, 3A7 00#17 91 Winston Hickox Secretan for Environmental Protection California Regional Water Quality Control Board Santa Ana Region Internet Address: http://www.swrcb.ca.gov Gra}' f' t 3737 Main Street, Suite 500, Riverside, California 92501-33�ECEIVED Gove Phone (909) 782-4130 3 FAX (909) 781-6288 South Coast Region December 17, 2001 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue Costa Mesa, CA 92627 DEC 2 4 2001 COACALIFORNIA STAL COMNSSION PROPOSED ALTERATION OF BOAT DOCK, WARREN PARKER, 14 BAY ISLAND, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact Jawed Shami at (909) 782-3288. Sincerely, ilomeno (Ju) T. Matirez, r., ^ - Chief, Regulations Section ' cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutag136let COASTAL COMMISSION !-0I-Hb0 CPO,(,'�� EXHIBIT #— PAGE _I._OF�._ California Environmental Protection Agency 0 Rec1•cled Paper 03/20/2002 10:41 9496313122 SWIFT PAGE 01 . I SWIFT SLID o DOCK AND PIER BUILDERS, INC. �i 2027 PLACENTIA AVENUE Ct -0 COSTA MESA, GA 92627 TELE HONE (949) 631-3121 - FAx (949) 631.312.2 FAX COVER LETTER DATE: n/Ik�-I- / (o6-� PAGES TRANSMITTI_D INCLUDING COVER LETTER: TO: L41Z- / %- COMPANY NAME: FAX NUMBER: SUBJECT: _-_ __ .... .. _.. X V&n C ._C�2 _7& goo) MESSAGE: PLEASE RESPdNb-FOR YOUR INFORMATCdN l'� IF YOU DO NOT RE CEIVE ALL OF YOUR PAGES, OR IF YOU RECEIVE THIS FAX IN ERROR, PLEASE CALL VS AS SOON AS POSSIBLE. 03/20/2002 10:41 9496313122 SWIFT PAGE 02 Mr. Warren Parker c/o Swift Slip Attention- Beth Swift 2027 Placentia Avenue Costa Mesa, California Re: Reference No. Dear Mr. Parker - Reference is made of the Rivers and Idlarb reconfigure an existing' Beach., Orange County, section of an existing bo; aew pile or other diram, The owner or au Permission (LOP) indic conditions. One of the Engineers (a pre-addr postcards to notify this construction) and coxal Thank you for DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.Q. SOX 532711 LOS ANGELES, CALIFORNIA 90053.2326 January 22, 2002 o your request of December 12, 2001. Under the provisions of Section 10 s Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to oat slip bayward of 14 Bay Island in Newport Bay in City of Newport ilifornia. Activities would include the removal of an 6 -foot by 18 -foot dock and reinstalling the section on a different side of the dock, with no mal changes, as shown on the enclosed drawing. Ed responsible official must sign and date all copies of this Letter of that he/she agrees to the work as described and will comply with all I copies of this Letter of Perrrdssion must be returned to the Corps of envelope is enclosed). In addition, please use the two attached as to the dates of commencement (within 10 days prior to the start of of the activity (within 10 days following the end of construction). in our regulatory program, Sincerely, V 0 6'j Mark Durham Chief, South Coast Section Regulatory Branch 00— 03/20/2002 10:41 9496313122 STATE OF CALIFORNIA THE RESOuACIv$ AGEN Y CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 580.5071 CE OF ADM SWIFT PAGE 03 GRAY DAVIS, Govemor Date: February 15, 2002 Permit No_ 5-01-460 ,TIVE PE Please be advised that the Administrative Permit with the above permit number which was sent to yoj on January 17, 2002 and was reported to the Commission on Wednesday, February 6, 2002 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Admi istrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLA$ Executive Director r-vuV"tl- By: MEG VAUGHN Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION 03/20/2002 10:41 9496313122 STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL CO "oath Coast Area'Ofrice )0 Oceangate, Suite t000 Long Beach, CA 90802-4502 (562)590-5071 W 3b APPLICANT: W, PROJECT DESCRIPTION: PROJECT LOCATION EXECUTIVE DIREC special conditions, a SWIFT PAGE 04 CRAY DAVIS, Govemor MISSION Permit Application No.: 5-01-460 Date: January 17, 2002 Page 1 of 7 0 ADMINISTRATIVE PERMIT n Parker Reconfiguration of an existing boat dock consisting of removing and reinstalling a 6'x 16' section In a new location. The resultant dock will be a U-shaped, dock with 6' wide fingers and back walk. Existing plies will be used in their existing locations. No new piles are proposed. No fill is proposed. 11 Bay Island, Newport Beach (Orange County) 'S DETERMINATION: The findings for this determination, and for any r on subsequent pages. NOTE: P.R,C. Se tion 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notif you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesd y, February 6, 2002, 9:00 a.m. Hyatt Regency Islandia 1441 Quivira Road San Diego, CA 92109 Pursuant to 14 Cal. Admi . Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowlec ging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice ofAdministrative Permit Effectiveness_ i� PETER DOUGLAS E!xeec�utive, Director Ry: Me Vauahn Title:. Coastal Program Analyst_ 03/20/2002 10:41 9496313122 SWIFT PAGE 05 Californiaegional Water Quality Control Board Santa Ana Region Winton Hickox l;invirmimenlol Prulve luny December 17, 2001 Beth Swift Swift Slip Dock and Pier 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED ALTERA'. NEWPORT BEACH, O Dear Ms. Swift: Intemel Address: hi(p://www.swrcb.".gov 3737 Main S'reet, Suite 500, Riverside, California 92501-3348 Phonc (909) 782-4130 3 FAX (909) 781.6288 3uilders Gray t)ayis OF BOAT DOCK, WARREN PARKER, 14 BAY ISLAND, �E- COUNTY If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project_ Based on these assurances, clearance is provided. However, should the perrrlit, it will be nes Certification under Si Should you have any q Sincerely, .1 wy'�-V %- lorneno (Jun) T. Marti Chief, Regulations Secti cc,. y Corps of Engineers determine that this project requires a Section 404 y for the project proponent to obtain from this Board a Water Quality 1401 of the Clean Water Act. please contact Jawed Shami at (909) 782-3288_ Califomia Coastal I Commission, Long Beach Army Corps of Fn i.neers -- Erik Larsen City of Newport lleach, Marine Department - Tony Meller .IIS/blutag136let is Ersvxrorvnental ,Protection ,agency 0 Req:ccled paper 13/2002 08:51 9496313122 SWIFT PAGE 02 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Warren Parker c/o Swift Slip Attention: Beth Swift 2027 Placentia Avenue Costa Mesa, California Re: Reference No. Dear Mr. Parker. January 22, 2002 Reference is made to your request of December 12, 2001, Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to reconfigure an existing boat slip baywaxd of 14 Bay island in Newport Bay in City of Newport Beach, Orange County, California. Activities would include the removal of an (-foot by 18 -foot section of an existing boat dock and reinstalling the section on a different side of the dock, with no new pile or other dimen sional changes, as shown on the enclosed drawing. The owner or au Perrnisgion (LOP) indi< conditions. One of the Engineers (a pre-addr postcards to notify this construction) and conal Thank you for ed responsible official must sign and date all copies of this Tetter of that he/she agrees to the work as described and will comply with all J. copies of this Tetter of Permission must be returned to the Corps of envelope is enclosed). In addition, please use the two attached as to the dates of commencement (within 10 days prior to the start of L of the activity (within 10 days foEowing the end of construction). ing in our regulatory program. Sincerely, v 2-4— Mark Durham Chief, South Coast Section Regulatory Branch r. I �... IN, DEPARTMENT OF THE ARMY ) S LOS ANGELES DISTRICT, CORPS OF ENGINEERS 4e / P.O. BOX 532711 LOS ANGELES, CALIFORNIA 9=3-2325 January 22, 2002 Reference is made to your request of December 12, 2001, Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to reconfigure an existing boat slip baywaxd of 14 Bay island in Newport Bay in City of Newport Beach, Orange County, California. Activities would include the removal of an (-foot by 18 -foot section of an existing boat dock and reinstalling the section on a different side of the dock, with no new pile or other dimen sional changes, as shown on the enclosed drawing. The owner or au Perrnisgion (LOP) indi< conditions. One of the Engineers (a pre-addr postcards to notify this construction) and conal Thank you for ed responsible official must sign and date all copies of this Tetter of that he/she agrees to the work as described and will comply with all J. copies of this Tetter of Permission must be returned to the Corps of envelope is enclosed). In addition, please use the two attached as to the dates of commencement (within 10 days prior to the start of L of the activity (within 10 days foEowing the end of construction). ing in our regulatory program. Sincerely, v 2-4— Mark Durham Chief, South Coast Section Regulatory Branch r. I �... IN, 03/13/2002 08:51 9496313122 SWIFT PAGE 03 a� STATE or CALIFORNIA THE RESOURCES A CALIFORNIA COASTAL. C SOUTH COAST AREA PO Box 1460 200 Oceangate, loth Ploor LONG BEACH, CA 00802-4416 (582)$90-5071 CE MISSION Date: February 15, 2002 Permit No. 5-01-460 ERMIT Please be advised that the Administrative Permit with the above permit number which was sent to you on January 17, 2002 and was reported to the Commission on Wednesday, February 6, 2002 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Admi istrative Permit. Should you have ani questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director " VOA-A—A� By: MEG VAUGHN Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION GRAY DAV)$, Governor 0 03/13/2002 08:51 9496313122 STAT" OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL CC south Coast Area Offioe )o Oceangate, Suite 1000 Long Beach, CA 90802-4302 (56.2) 590.5071 W 3b APPLICANT: W PROJECT DESCRIPTION PROJECT LOCATION: SWIFT PAGE 04 GRAY DAVIS MISSION permit Application No.: 5-01-460 Date: January 17, 2002 .► Page l of 7 ADMINISTRATIVE PERMIT Parker Reconfiguration of an existing boat dock consisting of removing and rel nstalling a 6' x 4$' section in a new location. The resultant dock will be a U-shaped, dock with 6' wide fingers and back walk. Eximing plies will be used in their existing locations. No new piles are proposed. No fill Is proposed. 14 Bay Island, Newport Beach (Orange County) EXECUTIVE DIRECTO�'S DETERMINATION: The findings for this determination, and for any special conditions, appe r on subsequent pages. NOTE: P,R.C. Se tion 30621 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative tale dar and set for public hearing at a subsequent Commission meeting. Our office will notif you if such removal occurs. This permit will be report d to the Commission at the following time and place: Wednesday, February 6, 2002, 9:00 a.m. Hyatt Regency Islandia 1441 Quivira Road San Diego, CA 92109 Pursuant to 14 Cal. Admi . Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of dministrative Permit Effectiveness. PETER DOUGLAS Executive Dir for By, Me Vaughn Title; Coastal Program Analyst 03/13/2002 08:51 9496313122 SWIFT PAGE 05 California kvgional Water~ Quality Control Board Santa Ana Region Winston Hickor r'rrnc'(•nurr December 17, 2001 Beth Swift Swift Slip Dock and Pier 2027 Placentia Avenue Costa Mesa, CA 92627 1ntomet Address: h(tp://www.swrcb.ca.gov 3737 Main Slrcet, Suite 500, Riverside, California 92501-334$ Phone (909) 782-4130 3 FAX (909) 781-6288 lders PROPOSED ALTERATION OF BOAT DOCK, WARREN PARKER, 14 SAX ISLAND, NEWPORT BEACH, O NGE COUNTY , Dear Ms. Swift: If standard dock construe 'on methods and materials are utilized, this project should not adversely impact water quality, A s atement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessa for the project proponent to obtain from this Board a Water Quality Certification under Sectiod 401 of the Clean Water Act. Should you have any clues ions, please contact Jawed Sham). at (909) 782-3288. Sincerely, y- omeno (Jun) T. Martin Chief., Regulations Sectio cc. California Coastal Army Corps of En C.'ity of Newport B ES/blutag136let emission, Long Beach ,rs — Erik Larsen , Marine Department - Tony Meller :alifornia Environmental ,Proteetion Agency 0 Reeyeled Pnperr Graz' 1)pvis �•flr'('r•rrryr• 03/13/2002 08:51 9496313122 SWIFT PAGE 01 TFELE DATE: SWIFT SLIP DOCK AND PIER BUILDERS, INC, 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 HONE (949) 631.3121 - FAX (949) 631.3122 1=A.X COVER LETTER PAGES TRANSMITTED To: &)8:5 INCLUDING COVER LETTER: COMPANY NAME: FAX NUMBER: -- - - SUBJECT: MESSAGE: ---JJl2i7tl � a IY? e-Ae- a,6 n c6ctcencezz 5 PLEASE RESPOND IF YOU DO NOT P 1='OR YOUR INI=QRMA.TIQN E ALL OF YOUR PAGES, OR IF YOU RECEIVE TRIS FAX IN ERROR, PLEASE CALL US AS SOON AS POSSIBLE. ' STATE Gr CALIFORNIA —THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA Box 1450 20 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562)590-5071 .►+O AM h®' GRAY DAVIS, Govemor Date: February 15, 2002 Permit No. 5-01-460 Please be advised that the Administrative Permit with the above permit number which was sent to you on January 17, 2002 and was reported to the Commission on Wednesday, February 6, 2002 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Dire/c" t"'_ tor V By: MEG VAUGHN Coastal Program Analyst ft CALIFORNIA COASTAL COMMISSION OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, Govemor �LIFORNIA COASTAL COMMISSION permit Application No.: 5-01-460 i ,uth Coast Area Office 00 Oceangate, suite 1000 Date: January 17, 2002 'A - .mg Beach, CA 90802-4302 Page 1 of 7 (562)590-5071 W 3b ADMINISTRATIVE PERMIT APPLICANT: Warren Parker PROJECT DESCRIPTION: Reconfiguration of an existing boat dock consisting of removing and reinstalling a 6' x 18' section in a new location. The resultant dock will be a U-shaped, dock with 6' wide fingers and back walk. Existing piles will be used in their existing locations. No new piles are proposed. No fill is proposed. PROJECT LOCATION: 14 Bay Island, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday, February 6, 2002, 9:00 a.m. Hyatt Regency Islandia 1441 Quivira Road San Diego, CA 92109 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Direptor \)", 0,�.+_11� By: Me Vau hn Title: Coastal Program Analyst California Regional Water Quality Control Board. Santa Ana Region Winston Hickox Internet Address: http://www,swrcb,ca.gov Gray Davis Secretary for 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor Environmental Phone (909) 782-4130 3 FAX (909) 781-6288 Protection December 17, 2001 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED ALTERATION OF BOAT DOCK, WARREN PARKER, 14 BAY ISLAND, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. .l Should you have any questions, please contact Jawed Shami at (909) 782-3288. Sincerely, ilomeno (Jun) TiMairtirez, r., Chief, RegulationsSection cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutagl 361et California Environmental Protection Agency �� Recycled Paper DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS - P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTEJanuary OF: January 22, 2002 Office of the Chief Regulatory Branch Mr. Warren Parker. c/o Swift Slip Attention: ;Beth Swift 2027 Placentia Avenue Costa Mesa, California 92627 Re: Reference No. 200200304-CJF Dear Mr. Parker: Reference is made to your request of December 12, 2001. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to reconfigure an existing boat slip bayward of 14 Bay Island in Newport Bay in City of Newport Beach, Orange County, California. Activities would include the removal of an 6 -foot by 18 -foot section of an existing boat dock and reinstalling the section on a different side of the dock, with no new pile or other dimensional changes, as shown on the enclosed drawing.. 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 Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards 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). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch DATE t WORKSHf FOR BUILDING PERMIT APPL7 )TION s CITY OF NEWPORT BEACH BUILDING & PLANNING DEPARTMENTS PLEASE PRINT 1.PROJECT ADDRE-S (NOT MAILING ADDRESS) FLOOR SUITE NO. ZIP CITY STATE ZIP LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT ( ) 2. DESCRIPTION OF WORKS ' ESTIMATED $ VALUATIONS EXISTINO STRUCTURE SQ.FT. PROPOSED,NEW / ADDITIONAL SQ. FT. NEW ADD _�1 ALTERS' DEMO! J OTHER USE OF STRUCTURE All neor � n No OF STORIES 3.OWNER'S NAME LAST FIRST M.I. PHONE NO. OWNER'S ADDRESS CITY STATE ZIP 4.APPLICANT'S NAME LAST FIRST PHONE NO. ( ) APPLICANT'S ADDRESS CITY STATE ZIP 5.ARCHITECT'S NAME LAST FIRST J( STATE LIC. NO. 14-0 t y,, t 1 ✓ r, ARCHITECT'S ADDRESS CITY STATE ZIP PHONE NO. 6.ENGINEER'S NAME LAST FIRST STATE LIC. NO. —�- _ l ll � `1 ENGINEER'S ADDRESS CITY STATE ZIP PHONE NO. CAJ 7.CONTRACTOR'S NAME LIC. CLASS STATE LIC. NO. CONTRACTOR'S ADDRESS CITY STATE ZIP PHONE NO. -.I i �-_;? -7 P_ /c,( .,ten s. !� , '� C��'� -; - .... �� z.�o.-�--, ( �') r_ _ t COMPANY NAME (i f .different) NEWPORT BUS. LIC. NO. OFFICE USE ONLY Villihite: Building Dept Yellow: Cashier Pink: Applicant PERMIT NO. PA 00 1, W-1 � TYPE OF CONSTRUCTION PLAN .CHECK NO. OCCUPANCY - GROUP CLASS CODE 4 - PLAN CHECK FEE $ �® Cl rY air /i/rmoaPr dAr.4cN lo P10A C`C i AF Ar ji, a opiga (J �l Ls� � "- O C�•"9 iau r�t A/v%21� /��sZd ICIMITi: -5kGTCN wurJ � V Cwsr v FJQ � t ri- 3 d r N ff w,wjTr &AV CAL IFORNIA . w Souhdinqrs are wwesssd, fn, per/ o»d d no/i dirI'h1 6*Aa w Moor! Lower tow Wo{lr.. 44ar?,wu,., HARBOR RESOURCES DIV. ranp0 o� ><;da o r.-�x�•+.o�r.✓y io �:e c ETY 0 E .ORT AC o.< sa�cb/�;slr.oPd+ �'�,s . ae�tor af.vawP,a.� Bor rCmo pct f V _ Re,Ng+a lle. I ms -, �crno� Gncl' Cc14�Le- 8 5ec1-to 5•haded ore (� a s t-0 Cc A/D Ljo�k /... � ,� i:; � N� o the ✓ chanes ID =Elt GRASS INSPECTION OJECT 0 EEL GRASS Wf IN 15' OF ; 4�' 4� EEL G SS IN A SIGNATURE e PERMIT # DATE �v.F .Vp SSD S¢ eA.vTs : � )A R,esc/ % PAS FA o r: / B ck,. —70AcT': J ,i .4v ss .' Ale I /-5" rUb Ca cirricrcis,'W! rT 11/16/2001 06:24 9496313122 SWIFT PAGE 01 SWIFT SLIP DOCK AND PIER BUILD8RS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 TELEPHONE (949) 631.3121 - FAx (949) 631-3122 FAX COYER LETTER DATE: 11/15/01 PAGES TRANSMITTED INCLUDING COYER LETTER: 3 TO: W13S COMPANY NAME: Harbor Resources FAX NUMBER: 3- 0589 SUBJECT: Parker at 14 Bay Island MESSAGE' W s- Here is the approval from the neighbor at 13 Bay Island (Don Haskell). The Parkers' son is on the Board of Bay Island Homeowners Assoc. so we should be able to get that approval soon. I will fax it to when I arrives. Thanks, Me PLEASE RESPOND FOR YOUR INFORMATION 1F YOU Do NOT ISE 'EIVE ALL OF YOUR PAGES, OR IF YOU RECEIVE THIS )'AX IN ERROR, PLEASE CALL US AS SOON AS POSSIBLE. 11/16/2001 06:24 9496313122 SWIFT PAGE 02 MUT FAY. 949 61"' 74 XV. Shaman Co. foo! Mr. fete Swit' Swift Slip 2027 Placentia ,Avel,ue C'r,sta Mesa, C'A 92627 Tear Pete: I have signed the X an extension of the DH:bd Dorr,d.zn H.����rc. 1713 �iliM'TOit2' BYYA�. 4%.�.IPPRxid f946" (99Ff) (fy6'o•itliscs November 115, 2001 Pier Perrrait sA-Vat to the a7ew pier being within the legal setbacks of Ly lines as authorized by the City of Ncw-Porr peach, S:ricerely, Donaid Haskell BY: Barbara J. Davis, Secretary 11/1G/2001 06:24 9496313122 1:^a 01 16:07 FAX 949 OV 7 91:24 9496 13122 ��I11 f"M SWIFT PAGE 03 I.H. Sherman Co, Q00: SWIFT PAGE 02 a� `10 � I �• i o,t1• r � I MM wa atsv� �r rr r hiss►"?' &Aye .°� lK�141�1� � Jrrrr I/ OA, a b F Don HaLvYwllr iowi, vmwffir►4 err Arr: 0014f dwo/t ~OAS O"w MOOO 6ewrr. ,4Mw1p,4Ar s. M•rv.Mw„ ksq�� ss�Vw*`!r►v�/ r. brat . ��$frr. erf'+vmrw*..+{ �oJ irk . tD i'c rr r ►'� {`1Z7 �f1��1 rad A/o Pike WOfk cr �e .4P�4Y' �S�rew�rla.r' 7 Ii/30/2001 00:38 9496313122 SWIFT PAGE 01 DATE: PAGES TRU TO: COMPANY FAX NUMB SUBJECT: - MESSAGE: SWIFT SLIP K AND PIER BUILDERS, INC. 2027 PL ACENTIA,A VENUE COSTA MESA, CA 92627 E (949) 631-3121 FAx (949) 631.3122 FAX COVER LETTER TTED INCLUDING COVER LET'T'ER: 3 _ Wes and Tony :Harbor Resources 723-0589 1.4 �ay Island (Parker) Her is the grid necessary approval you required for the above -referenced Approval. in Concept. Can you issue this today so when I come in to get 360 Finley I can also pick Up this one? Tha ks, eth PLEASE RESPOND IF YOU DO NOT R FOR YOUR INFORMATION E ALIL OF YOUR PAGES, OR IF YOU RECEIVE TTS FAX IN ERROR, PLEASE CALL US AS SOON ,AS POSSIBLE. 11/36/2601 06:38 94963131"? SWIFT -. PAGE02 JI/"8/2001 13:7.6 9497221., Mtt<jUK1,' WIYIrm"I Y ISLAND CLUB tr4com-o"A"M 1903 November 27, 200 Via Fox 949-631-3122 Pete Swift and First Class MW swift Slip 2027 Placentia Avenue Costa Mesa, Ca 9'42627 Re: Parker's Dock revision, located at #14 Bay island. Dear Pete, The Bay Island Ar hitectural Cornrnittee and the Board of Directors have located at #14 Bay Island, reviewed the prop sed dock revisions for the Parker's, Newport Beach, Ca 92661. Bay Isieind apprvv a the request for the dock reconfiguration. The final approval and plan check wl I be necessary from the City of Newport Beach Sincerely, Ronald P. Merick l Secretary / Treas irer Attached, Proposed w, Change aox 4746 • IRVINE, CALIErCRMA 924510-4708 949/,4!90- 115 1 $ • VAX 949/565-4145 11/30/2001 00:38 94963131`1 11/28/2001 13116 9497 21 11/27/2001 00:04 g496131�2 a� dErt7, I, = 3o, t \Q b SWIFT MLK L k�M- I uuIvir"v r SWIFT Q I I - /,JAN Mil --"", itRg1 u epc oh— If C pF r" PAGE 03 J vicim TY SKIYCH 4WAU„)sit r r."r Nq w••1r► WAY, OAt IFORMIA �'av+tdings �� wrprss� �n art Pnp1 d+�+o/e rir rA ♦Marr �vdh 6 r wrr 1 • w' hrG� fry .Nnr,.rt/.n tMwpI ve f!ov, /p r+► oj#VX A04W �4oeo6er /:irr+ o „art rai+t�W�'sh* iii Ait . 8100bow of Nsw,~)� dor', 10 o Qer k►b ni p' �� a ,' �C1NS�dj O's of 4-io :5WO4 areas IrA No etc wprlc A "'' P 71 r1,,11�� 1 1 VZiC fu�,u© c"� t .. Ja'�'".ck,.,.�rse-. Tzsw.td'�-.b' ✓ s.,v, s. ✓ 1zokmNa+an 4ckx- WIN ? d c Wen 'x'^a,.�T�4 333,. & w8'w3 $ mi Y ae(.3 �M".�. '$ldfc'"✓ �`3�.}" ¢ '.gmnraxwa, .Kmvc+ ,.� 4>..�.:.. oxw-+,�,. �`d x✓�'S'�..uY SL +a :.+x &D %� Yf �eFL,%?bay & ` '� It` t"x 3� f-5. A y,3 +.. � $o r,.,7 � ,•.3 ,.ems � p •.ti`r"�fe.>`���t/.�,+$ :}5'i`� r2v-r.:l `. rti,s ��iTt-'7• ...,rri : �1 3 are' e x' i` a h �,�/ ,».a t7 , r..�' �.},r } �r�` r �' .%s®" f,. 63 �,�,.� Gr �e lv;e 4 3 s ; � F � £ y/ /j � �j1 r. e "w 5 i F y5 r P `I 3 a r( j s Ca P �� it w. 40, c"� t .. Ja'�'".ck,.,.�rse-. Tzsw.td'�-.b' ✓ s.,v, s. ✓ 1zokmNa+an 4ckx- WIN ? d c { DREDGING APPLTCATION Project Lccation: 4114 Bay Island Comic '_aids to be Dredged: 80 Method of Dredging; fie r±rx�t�1 i Slim -Ann Nature of Dredged Material.: Sana/ai � t Disposition of Dredged Material: viral.-inA t—ang? a"t t-7- 'n ach reclamation aroa_ Method of Material Disposition: 1i*peline transcort 'r- bid tv Control.. Method: P-H11nm a .roi nr-i t r effect of dredging on contiguous bulkheading and beaches Reinforce/erotect bulkhead -restore _sand to decleted beach I, Mark Sites , hereby state that T have rear she u. S. zrmT✓ (print name) - - Cor=s of Engineers peti-mi` _or maintenance e e � ar_ �r dg;..�y � -n �1eca�crt :il c �r, _ :e City of Newport Beach and Orange County Ha_bors,Seaches and :arks -_i ' J j ,_ Lr - (if anDlicable) permit for Maintenance dredging and that accem- =�a provisions therein. Additionally I guarantee that the proposed dreagirc will act occur because of any altering of existing use of the affected zone. Club) Ukpp L.Leant-type name) 3-21-90 (Date) Contractor -type mama; c Signed: C'ont_acto*°' Representative 44, aos• 'awa=<s.. - . ter- 4 - a ^t . t, v - z - r�r-rrr rk-�•+e'� a pay�3�d-Or, '� rsi=,`.C' . 777W.,^ __r..,._ f" r-+•, .t ,d;. ; },}fie. t: .a iig�� ,y¢�,�d,z� Y � '(i - �SrM:.'•"i..... _.. _ _ .. ... 1-� .. � .- .. r u� } �T � .•�L. c P i A t!�^.� ;11��iR�. � /' zr,. Sem. 'YSi�B�il�it. '. M`" T? yy*'I? •'. 7,E -r.;a 'z. n+ "°44�Q* r tpt Yr .- .,:'t: u`�• w'k. 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MIT— m T lit HARBOR PERMIT PEMMISSION IS lii�§TrP.Y GRAINTED TO -VOrRUCT Atu MAINTAIN THr rAt-ALITY SKOWN 0*1 VUE AT THE, Soffr- UNTOtCATIM.), TO, 0", THE HARIBOR, U --ADH AW ANY SPEC'zAL C,-,>1-71fC?P,�S %,sS-yr, IS NOT THE CZTV c, RIGHTS cqvg"i� UA.11li��-,' —i AND THIS PK-MMU"T clljdlllll, !,U- uf4c,!L IN ACCORnA14CE Wi',.'V-j WTILE T. 4 7 - ;� ­•,, �lz I ' Y' rt .i Te C) P rR C R UT N PERPAIT ISSUED SUBJECr TO rifHECIGE WIATERIAL BEING TU'SSICEA P'A'�-,'--D ON EBBE ACH--, ,-RECIAL CONTMITIONS- C'"INS Of Enl--ftwwrs Perc-All orango county F.O'V'rp.it 01-har . 6e2�, 25 — m Ci r Mfmoaer dxwaw t 1 :34 AD ivog mew-% C- T— Af 0 JAR *Ida bc %0 00,qv IV If wo., C%" Avloalf, 0 VICINITY SKETCH sv"r -orry Newpoorr SAY, CAL IFORMIA -To&,nd,jtgps cape Ampressdrof -ry ordpdvt and of4pwayte opop so* 5 be/ow Alcon Lower Low k4offled"r. P47,99e 0/* joldee Pait/0"/044r4. Yorh&p- /.;7es ore /.4;3 Z16jofoor oyrvdw,~1 'acyr. v > b, z � \ V Z6— IN) <b 98654- A CA)o j,1C'A"7-S AI,4",&: IJA PAPWK) 7CO C? -Ir A/©//.j .4 4--' / S" r ;VAlr.WACro&; 0..47',': res VAI 5 3 $ Corp+S'C Sw'-�`i Tc9� � b i��v s%3:_�3 e�i �i ifsS �S�d Whey j —�� r .� CITY OF N EW P� s :� HARBOR PERWT PERMISSION 1i* HEREDY GRAmna TO CiNSTI tiCt AND MAINTAIN THE FACILITY SHOWN ON THE REVERSC HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROV.SIONS CW THE HARBOR PERMIT POLICIES OF NEWPORT REACH AN ANY SPECIAL CONDITIONS LISTED HEREON. THI"S PERM; IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT v• THE CITY HARBOR COARBINATOR OR CITY COUNCIL. Th, RIGHTS GIVEN UNDER THIS PERMIT ARE P€RMISSIVE ONL . AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNC:e- IN ACCORDANCE WITH TITLE i7 OF THE MUNI IPOBE. ITV RARRO CCOORDINATOR LIs -/ � - o-- 7a POMIT 140. DATE PROPOSED PIER AND LANDING FLOAT Newport Boy Newport beach, California Application by \&' r� lili' �Z. 'SUV� - GENERAL PROVISIONS FOR PAERJREkMlZ5:✓d ACCEPTANCE OF PROVISIONS: IT IS UNDERSTOOD, AND AGREED BY THE PERMITTEE THAT THE QOING. OF ANY WORK UNDER THIS PERMIT SHALL CONSTITUTE AN ACCEPTANCE OF ALL 0F}.T,'HE PROV IS, I ONS., 2• PERMIT FROM OTHER,AGENCIES.: THE PARTY O'R PARTIES TO WHOM THIS PERMIT IS ISSUED SHALL) WHENEVER THE SAME IS REQUIRED BY LAW) SECURE•THE WRITTgN ORD;ER�'OR CONSENT � Ta A.WORK :HEREUKDCR'FROM•THE U. S;. CORPS OF ENGf;NEERS`0 A:NY OTHER PUBLIC,,BO'D.Y HAVING ; JURISbtgr 1ON) AND THIS PERMIT SHALT BE SUSPENDED. IN OPERATION UNLESS AND UNTIL.SUCH ORDER O -ft CONSENT IS OBTAINED° 3. TRANSFERRINGTH'IS,PERMIT IS NOT TRANSFERABLE WITHOUT THE PERMIT° WRITTEN CONSENT OF THE CITY 6F -NEWPORT BEACH6' 'ci. 4. INSPECTION: THE WORK SHALLBE SUBJECT'TO THE SUPERVISION AND APPROVAL OF THE PUBLIC WORKS DEPARTMENT. THE PERMITTEE SHALL NOTIFY THE PUBLIC WORKS-DEPART'MENT AT LEAST 3 DAYS IN, ADVANCE OF THE DATE WORK is TO BEGIN AND .BEFORE"IT'S COMPLETFON. 5. PROTECTION OF TRAFFIC: ADEQUATE PROVIS'I,ONS SHALL BE MADE FOR THE ~PROTECTIO'N Or ' OF THE TRAVELING. PUBLIC. 'BARRICADES SHAL BE PLACED ON STREETS' WITH LIGHTS AT NIGHT) ALSO FLAGMEN EMPLOYED) ALL AS MAY BE REQUIRED BY THE PARTICULAR WORK IN PROGRESS. THE PERMITTEE SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THE PUB- LIC OF ALL NAV I GA, B,L.E : WATERS A,T OR_,;ADJACENT TO THE WORK OR STRUCTURE- .. AF THE D I°SPLAY . + OF LIGHTS ANDr';SIGNALS ON'.. •ANY WORK'.-'H'EREBY ''AUTHORIZED IS NOT OTHERWISE PROVIDED dY LAWS SUCH LIGHTS AND SIGNALS, AS MAY BE PRESCRIBED BY BUREAU OF'LIG,HT ROUSES, DEPARTMENT OF COMMERCE) SHALL BE INSTALLED AND MAINTAINED AT, THE EXPENSE OF•THE PERMITTEE-, STRUCTURES SHALL BE SO CONSTRUCTED AS NOT TO OBSTRUCT) INTERFERE WITH OR PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWALKS) STREET) ALLEY) PUBLIC WAY OR NAVIGABLE CHANNEL. 6. L.1.ABILITY FOR DAMAGES: THE PERMITTEE IS RESPONSIBLE ,FOR 'ALL LIABILITY FOR PERSONA INJURY, OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF WORK HEREIN'PERMITTED, OR WHICH 91AY ARISE OUT 'OF THE USE OR POSSESS I ONGOF SAID WORKS) AND. 1 N THE EVENT AN,Y Cfa'� l -,J CLAIM �,,S MADE AGAINST THE CITY OF NEWPORT BEACH OR ANY DEPARTMENT) OFFICER, OR EMrv;. PLOYEE::THEREOF) THROUGH, BY REASON OF, ORIN CONNECTION WITH SUCH WORK) PIN SHALL DEFEND, INDEMNIFY AND .HOLD THEM, AND EACH OF THEM) HARMLESS FROM SUCH CLAAM. 7. REVOCATION OF PERMIT: THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE a' ONLY AND THE CITY OF NEWPORT BEACH RESERVES FULL RIGHT) POWER AND AUTHORITY TO REVOKE' THIS PERMIT AT ANY TIME. IN THE EVENT THE PERMITTEE FAILS TO REMOVE SAID WORKSWITH-. IN'THE TIME SPECIFIED) THEN THE CITY ENGINEER SHALL:;HAVE THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTEE. 8. REPAIRS: THE PERMITTEESHALL' KEEP` THE STRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO 'REPAIR) WHEN WRITTEN NOTICE HAS.BEEN GIVEN 'O THE CITY ENGINEER) SHALL M CAUSE, FOR THE REVOCATION OF THE PERMIT. 1. • r fir. .. FAVID A. PARKER ATTORNEY AT LAW 1660 CALIFORNIA FEDERAL PLAZA 5670 WILSHIRE BOULEVARD LO$ ANGELES, CALIFORNIA 90036 TELEPHONE 936.1147 October 14, 1966 City of Newport Beach City Hall 3300 W. Newport Boulevard Newport Beach, California Attention:. Mr. Kenneth L. Perry Assistant City Engineer Gentlemen: Re: Harbor Permit No. A-557 No. 14 Bay Island, Newport Beach Enclosed are the following documents: 1. Application to your office for transfer of Pier Permit No. A-557 for the pier and slip at 14 Bay Island, Newport Beach. 2. Tetter, dated. September 27, 1966, from Holmes Tuttle to the City of Newport Beach. 3. Check in the amount of x$'25.00 for your fee to transfer said permit. 4- Copy of Bill of Sale given by Hazel H. Albertson to Holmes Tuttle for the property and the pier at 14 Bay Island, Newport Beach. Transfer of said pier, as requested in said Pier Permit Transfer Form,is hereby requested. Please direct all correspondence to my office. Very truly yours, ,,:no Aavi Parker DAP: ek MCI Encls.1 UORKS Check P. S. The transfer of the property at No. 14 Bay Island, Newport Beach, and the pier and slip appurtenant thereto has been completed.' HOLMES TUTTLE 145 North La Brea Los Angeles, California September 27, 1966 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Attention: Mr. Kenneth L. Perry Assistant City Engineer Re: Harbor Permit No. A-557 No. 14 Bay Island Newport Beach, California Gentlemen: Attached is application to your office for transfer of Pier Permit No. A-557 for the pier and slip at 14 Bay Island in Newport Beach. Check in the amount of $25. 00 for your fee to transfer is also enclosed. I purchased the property at 14 Bay Island in August, 1954, from. Hazel H. Albertson. I was not aware at the time of my purchase from Albertson of requirement to transfer permit for the pier and slip appurtenant to Lot 14. I am attaching copy of bill of sale given by Albertson to me for the property and the pier. I request, upon your inspection of the pier, that permit be granted to Mr. Warren K. Parker. Very truly yours, Holmes�u" ttle_ Encs. CITY OF .-4r-VPORT BEACH - PUBLIC WORKS DEPAr%tMENT PIER TRANSFER INSPECTION REPORT FORM d?3 7 iCfc7, S� cameo✓c /eve, TRANSFEREE 112�d�cra/u��� (NEW OWNER ADDRESS ���� !e, LOCATION: DATE OF INSPECTION INSPECTED BY: r� f RESULTS SATISFACTORY UNSATISFACTORY REMARKS STRUCTURAL: DATE OF ,INSPECTIONN 4 :P,GTEDB Y : „ \ SATISFACTORY . ❑_ ..., RESULTS .. SATISFACTORY UN....... . . .. ....... REMARKS PLUMBING: INSPECTION REQUIRED YES ❑ NO ❑' � I`a DATE OF INSPECT ION �f^a -f I NSPECTED BY: ��i ;✓ RESULTS SATISFACTORY UNSATISFACTORY ❑ REMARKS ELECTRICAL: INSPECTION REQUIRED YES ❑ NO a DATE OF INSPECTION �t%-' l� INSPECTED, BY: RESULTS SATISFACTORY UNSATISFACTORY a REMARKS PIER. PERMIT NO - ,,,4- 5:57 i BILL OF SALE OF FURNITURE., I FURNISHINGS, AND EQUIPMENT I KNOW,ALL MEN BY THESE PRESENTS: That I, HAZEL H. ALBERT'SON, I ,,residing at 401 South Hudson Avenue, Los Angeles 5, California, in consideration of Ten & No/IOO Dollars ($10.00), and. other valuable j i considerations paid by HOLMES TUTTLE and VIRGINIA HAM TUTTLE, 'as l tenants in common, of 7122 Beverly Boulevard, Los Angeles 36,' California, the receipt whereof is hereby acknowledged,.do hereby ; I grant, sell, transfer and deliver to the said HOLMES TUTTLE and VIRGINIA HARRIS TUTTLE, all the furniture, furnishings, and ,equipment contained in the premises known as Lot 14, Bay Island Clu'o, Balboa, California, r ? TO. HAVE AND TO HOLD the same unto the said HOLMES TUTTLE and VIRGINIA HARRIS TUTTLE, their executors, administrators and assigns 1 forever. i And I, the said HAZEL H.:ALBERTSON, for myself, my heirs, my " i executors and administrators, covenant and agree to and with the said HOLMES TUTTLE and VIRGINIA HARRIS TUTTLE, their executors, administrators and assigns, as follows: 1. That I am the lawful owner of the said furniture, furnish-, ings and equipment; 2. That said furniture, furnishings and equipment are free from all encumbrances, 3. That I have good right to sell the same; and 4.' That I will warrant and +defend -the title thereto against all lawful claims and demands of all persons whomsoever. I} IN WIT NESS WHEREOF, I have hereunto set my hand, in the City of Los Angeles,, State of California, on this 16 day of August,•1954. HAZEL H. ALBERTSON HAZEL H-_-=ALBERTS,ON i A STATETE `0F CALIFORNIA SS. T A GE ES COUNTY OF LOS ANGELES ) On this 18 day of .August; 1954, before me, W. HA.LLIDAY, a Notary Public in and for said County, personally appeared,HAZEL H. ALBERTSON, known to to be the person whose name; is subscribed to the foregoing instrumept and acknowledged.that she executed the same. I sea WITNESS my hand. and official 1 d i a or Baia County and State