HomeMy WebLinkAboutM2009-00534,S��NT.
TfD STATES OF P�f 1`
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
Lisa Walters
-1-
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
April 30, 2009
City of Newport Beach, Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Dear Ms. Walters:
This is in reply to your application (File No. SPL -2009 -00078 -DPS) dated December
30, 2008, for a Department of the Army Permit to discharge fill onto waters of the U.S., in
association with maintenance dredging at 501 Via Lido Soud. The proposed work
would take place in Newport Bay within the city of Newport Beach, Orange County,
California.
Based on the information you have provided, the Corps of Engineers has
determined your proposed activity complies with the terms and conditions of Regional
General Permit (RGP) No. 54 -Maintenance Dredging, Beach Nourishment, and Dock
Maintenance.
As long as you comply with the general permit conditions of RGP No. 54 -
Maintenance Dredging, Beach Nourishment, and Dock Maintenance, an individual
permit is not required.
Specifically, you are authorized to:
1. Dredge approximately 130 cubic yards of material within a 0.03 -acre dredging
footprint (as shown on the attached drawing dated December 10,2008);
2. Discharge dredged material within a 0.04 -acre area (as shown on the attached
drawing dated December 10,2008).
-2-
A general permit does not grant any property rights or exclusive privileges. Also,
it does not authorize any injury to the property or rights of others or authorize
interference with any existing or proposed Federal project. Furthermore, it does not
obviate the need to obtain other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions,
please contact me at 213-452-3414 or via e-mail at Daniel.P.Swenson@usace.army.mil.
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web -based customer survey form at:
http://per2.nwl2.usace.army.mil/survey.html.
Sincerely,
r ?�f
Daniel P. Swenson
Senior Project Manager
South Coast Branch
Regulatory Division
Enclosure
CITY OF NEWPOK)T BEACH
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Mark Sites
P.O. Box 498
Balboa Island, CA 92662
(949)675-1071
April 11, 2009
Daniel P. Swenson
Senior Project Manager
South Coast Branch, Regulatory Division
U. S. Army Corps of Engineers
915 Wilshire Blvd.
Los Angeles, CA 90017
Re: ACOE File No. SPL -2009 -00078 -DPS (501 Via Lido Soud, Newport Beach)
Dear Mr. Swenson:
This is in response to your letter to Lisa Walters at the City of Newport Beach, Harbor Resources
Division, dated March 27, 2009. Because I am the agent for the applicant noted above, Ms.
Walters asked me to respond to your request for additional information.
After our phone conversation of April 8`b, it is evident that I submitted a possibly confusing
application. The application is for dredging only. I used the plan drawing to show the dredging
and disposal sites for the proposed new dock and inadvertently left the "scope of work" box
showing pier and pile replacement. While the existing dock is scheduled to be replaced with that
shown as proposed, that application will come under separate cover from a different contractor.
The dredging shown in my application is to accommodate the future dock and prevent it from
resting on the sand when it is installed.
I am also including a debris management plan for this dredging project as requested in your
letter. Quite simply put, I pick up every piece of trash and debris I can find and throw it away.
However, the attached plan is more detailed, and it seems to work, as I've never had a complaint.
In addition to your requests, I have also submitted to the City's Harbor Resources Department
updated and current eelgrass and Caulerpa Taxifolia inspection reports for this project. If you
require them, they are available from the City's file, or I will be happy to supply them.
I apologize for the error. In the future, I will look my applications over more carefully before
submitting them.
Sincerely,
Mark Sites
Mark Sites
P.O. Box 498
Balboa Island, CA 92662
(949) 675-1071
April 7, 2009
Daniel P. Swenson
Senior Project Manager
South Coast Branch, Regulatory Division
U. S. Army Corps of Engineers
915 Wilshire Blvd.
Los Angeles, CA 90017
Re: Debris Management Plan for dredged beach till at 501 Via Lido Soud.
Dear Mr. Swenson:
The proposed dredged fill from this site is quite clean and generally free from large debris.
This observation comes from past dredging jobs at this site where sand from the area was
pumped against the cast concrete bulkhead to provide support for the wall, and a beach.
The dredge itself will not pass anything larger than a four -inch sphere. Some shells and a
few pebbles will imbed themselves within the fill, however this is a common characteristic
of most bay beaches. Trash (plastic debris) that does not get caught and removed at the
dredge's intake will be deposited with the fill. Because it is light, most of it tends to run
off along with the tail water to the sides of the disposal site. There it settles and is picked
up by hand when the tide drops. After the pumping, most beaches are raked by hand to
level high and low spots. At this time any smaller debris is hand picked and disposed of in
appropriate waste receptacles.
This beach area, while public, is lightly used. 1n this particular location, the sand is being
used primarily to support the old concrete bulkhead. It is important to note that the
homeowners who pay for my dredging service expect, and are provided with, as clean and
as usable a beach as can be delivered. They do not want bad sand, mud, or trash left in
front of their homes. And since 1 take pride in my work, I generally spend several hours in
clean up and raking activities. That is why I have so many repeat customers after 27 years
in business.
Sincerely,
Mark Sites
CITY OF NES POPT BEACH
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Eelgrass Survey Deporting Form
Version 11.10, June 20, 2003)
This forru is required to be submitted for any surveys conducted for the eeigrass, Zoste;a
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the "latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858)
467-4218).
[Site Name:
501 Via Lido Soud, Newport Beach
common reference)
Survey Contact:
Warne, phone., e-mail?
i
— Ci+na 94�N 575-1071 markl situ i ahoo
��a v�avv v v ��� ��a v v � .vv
Permit Reference:
(ACCE Permit No., RWQCB
rder or Cert. No.)
RGP #54
Hydrographic System:
bay, estuary, lagoon, or
arbor)
Lower Newport Harbor
Specific 'Location.
TM, Lat./Long., datum,
N 33 36.655'
accuracy level, attach I
W I17 55.135'
electronic survey area map if
possible)
as Eelgrass Detected:
Yes, Eelgrass was found at this site.
XXX No, Eelgrass was not found at this site.
Description of
Permitted Work:
(1)Remove existing float, pier, and pile and realign.
describe briefly the work to
e conducted at the site under
(2)Maintenance dredging. (Separate permit applications)
he permits identified above)
Description of Site:
epth range:
describe the physical and
-1 V to t6' MLLW
biological conditions within
e survey area at the time of
e survey and provide insight
into variability, if known.
Iease provide units for all
numerical information).
9
ubstrate
e:
sand to silt over sand
Temperature.
��F++ine
VJ F
alinity:
NA it
Dominant
None
I{lora:
F
ominant
fauna:
mussels on dock floats and pile.
Exotic
Vecies
_ ncountered:
None
"ther site
description ][None
notes:
i
Description of Survey
Survey date
Effort:
and time
Apr!! 3, 2003
please describe the surveys
period. -
conducted including type of
urvey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
ottom actually viewed).
Describe anv limitations
encountered during the
survey efforts.
rifrizontal
sibilih, in
2'- 3' above 5' depth, <2' below 5'
ater:
"I Vey tyYe
nd methods:
SCUBA survey using a 20' tether (due to poor
visibility) ailaclied to the dock or float piles. Diver
swam two non -tethered transects parallel to beach
here and disposal will take place from dredging
perations.
9
u
Survey
Tl�rs V% L% 411.
LarkSites
9
urvey
sity:
Over 70% of disposal site, over 50%
r
surrounding the dock.
Survey
imitations:
Poor visibility due to I Tnner Bay dredging operations
d heavy tug and barge traffic.
Other Information:
use this space to provide any
additional information or
+2.5' M LLW ebb tide
references to attached
materials such as maps,
Drawing, map, and aerial attached
[eportg, arc )
telgrass Survey Reporting f=orm (version 1.0, 6/17/03)
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:
April 11; 2009
Name of bay, estuary,
lagoon, or harbor:
Lower Newport Harbor
Specific Location Name:
(address or common
reference)
501 Via Lido Soud, Newport Beach
Site Coordinates:
i
(UTM, Lat./Long., datum,
N 33 36.655'
accuracy level, and an
W 117 55.135'
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:
(name, phone, e-mail)
Mark Sites 949) 675-1071 marklsites@yahoo.com
Personnel Conducting
Survey (if other than
above): (name, phone,
e-mail)
same
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
RGP #54
Is this the first or second
survey for this project?
Second (First was 10/08)
Was Caulerpa
Yes, Caulerpa was found at this site and
Detected?. (if Caulerpa is
found, please immediately
has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
above)
NNXXXX{ No, Caulerpa was not found at this site.
Description of Permitted
Work: (describe briefly the
Remove existing float and pile, replace and realign.
work to be conducted at the
site under the permits
Maintenance dredging.
identified above)
Description of Site:
Depth range:
+6' to —I I' MLLW
(describe the physical and
Substrate type:
Fine grain sand to silt over sand
biological conditions within the
survey area at the time of the
survey and provide insight into
variability, if known. Please
Temperature:
63 F
Salinity:
NA
Dominant flora:
provide units for all numerical
None
information).
Dominant, fauna:
Mussels on dock float and pile.
Exotic species
encountered
(including any
None
other Cauterpa
species).
Other site
description notes:
None
Description of Survey
Survey date and
Effort:
time period:
Aril 9, 2009 1230-1320
Horizontal
(please describe the surveys
conducted including type of
visibility in water:
2'-3' above 5' depth, <2' below 5'
survey (SCUBA; remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed
Survey type and
methods:
SCUBA surveillance level survey using a I
20' tether (due to poor visibility) attached to
6 separate points on the float or dock piles .
I
Diver swam two non -tethered transects
parallel to beach where sand disposal
operations will take place from the dredging
o erations.
Survey personnel:
Describe any limitations
encountered during the
Mark Sites l
survey efforts.
Survey density:
Over 70% of disposal site, and over 50%
surrounding the dock.
Survey limitations:
Poor visibility due to turbidity from Upper
Bay dredging operations and heavy tug and
barge traffic.
Other Information: (use
this space to provide
+2.5' MLLW ebb tide
additional information or
I
i
references to attached maps,
Drawing, map, and aerial attached
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2,10/31/04)
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
March 27, 2009
Lisa Walters
City of Newport Beach, Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Dear Ms. Walters:
Reference is made to your request (File No. SPL -2009 -00078 -DPS) dated 12/30/2008, for a
Department of the Army authorization regarding a dock replacement and. maintenance
dredging project at 501 Via Lido Soud. In order to continue processing your request, the
information designated on the attached checklist is required. We ask that you re -submit your
request along with this letter and .the additional information checked on the enclosed list at
your earliest convenience. Please provide the requested information within 30 days from the
date of this letter or let us know if you need an extension. For purposes of -workload
management, we will need to withdraw your request if we do not hear from you within 30
days.
If you have any questions, please contact me at 213-452-3414 or via e-mail at
Daniel.P.Swenson@usace.army.mil.
Sincerely,
Daniel P. Swenson
Senior Project Manager
South Coast Branch
Regulatory Division
Enclosure
-2 -
LIST OF ADDITIONAL INFORMATION REQUIRED
FOR COMPLETE INDIVIDUAL PERMIT APPLICATION
APPLICANT
Complete the enclosed ENG Form 4345 including signatures of Applicant and Agent
Signature for statement designating official agent
Telephone number during business hours
DESCRIPTION OF ACTIVITY
_X_ Detailed written description (incl. area, volume, dimensions) of activity to be permitted
[please provide dimensions of existing structures. Please indicate types of piles, existing
and proposed. For beach disposal, please provide debris management plan (one
paragraph should suffice in this case)]
Complete description of overall project
Location and name of watercourse
Precise coordinates of the project location (either as latitude/longitude or UTM)
Estimated area in acres of waters of the United States that will be impacted by filling,
draining, or flooding for the entire proposed activity
Linear distance of waterway that will be impacted for the entire proposed activity
Quantity in cubic yards of material to be dredged or used as fill
Source and composition of fill material
Method of clearing/dredging
Method of transporting dredged material
Location of disposal site for dredged material
PROJECT PURPOSE
Overall project purpose (if different from activity needing a permit)
Purpose of the specific regulated activity for which a permit is needed
Need for project
Names and addresses of adjoining property owners/lessees (If less than fifty: either
printed on mailing labels or provided on a diskette in the format shown on the attached
page. If fifty or more, information MUST be provided on a diskette in the format shown
on the attached page)
-3 -
INFORMATION REQUIRED FOR NATIONWIDE PERMIT NOTIFICATIONS
Compensatory mitigation proposal to offset permanent losses of waters of the U.S.,
including a statement describing how temporary losses of waters of the U.S. will be
minimized to the maximum extent practicable; or, justification explaining why
compensatory mitigation should not be required
Written statement explaining how avoidance and minimization of losses of waters of the
U.S. were achieved
Delineation of waters of the U.S., including wetlands
Maintenance plan for stormwater management facilities, prepared in accordance with
State and local requirements
Description of measures taken to ensure compliance with paragraphs (c) through (f) of
nationwide permit 44 (Mining Activities)
Mining reclamation plan
Information required under General Condition 27, paragraph(s) for nationwide
permit(s)
STATUS OF ADDITIONAL PERMITS OR CERTIFICATIONS
California Coastal Commission - federal consistency determination
Regional Water Quality Control Board - 401 certification
California Department of Fish and Game - Streambed Alteration Agreement
Local approvals required by City, County, or special districts.
-4 -
REQUIRED FIGURES AND DIAGRAMS
All figures and diagrams should be legible, on 81/2 x 11" white paper, and include a north
arrow, scale, and other pertinent project information,
Vicinity map
_X_ Scale plan view diagram of existing (preproject) conditions [including dimensions of all
existing structures]
Scale plan view diagram of anticipated conditions following construction of project
Cross section or lateral view of proposed activity
Project site as sketched on a xeroxed portion of USGS quad map identifying quadrangle
name, township and section
Delineation of Corps jurisdiction including affected special aquatic sites such as
wetlands, showing boundaries and areas of temporary and permanent impacts
For NWP Pre -Construction Notifications, provide representative photographs of the
project areas to be impacted (especially of the jurisdictional areas)
All drawings and maps should be properly labeled and show the following:
River mile
Name of water body
Identifiable landmarks
Area of Corps jurisdictional delineation indicating ordinary high water mark and
adjacent wetlands juxtaposed on project plans
Mean and maximum (spring) high tide lines
Average water depth around the activity
Dimensions of the activity and distance it extends from ordinary high water mark into
water
Location of structures and dimensions immediately adjacent to the proposed activity
-5 -
LIST OF ADDITIONAL INFORMATION RECOMMENDED
TO EXPEDITE EVALUATION OF INDIVIDUAL PERMIT APPLICATION
Bioassay results for Ocean Disposal projects
Photographs of the project site (aerials if available)
Report describing the biological resources on the project site
Results of focused surveys for endangered species and designated critical habitat.
Contact: U.S. Fish and Wildlife Service and/or National Marine Fisheries Service for
recommended survey protocols.
Report of archeological/historical resources on/near project site compiled from a record
search by a qualified professional archeologist/historian at the regional center in your
locale (see below).
U.C.L.A. -.(213) 825-1980: Los Angeles, Orange, and Ventura Counties
Cal State, San Diego - (619) 594-5682: San Diego County
U.C. Riverside - (951) 827-5745 [eickw@ucr.edu]: Inyo, Mono, and Riverside
Counties
U.C.S.B. - (805) 893-2474 [centralcoastinfo@gmail.com]: San Luis Obispo and
Santa Barbara Counties San Bernardino County Museum - (909) 307-2669x255:
San Bernardino County
_X_ Other information: For RGP54, new docks cannot extend beyond U.S. Pierhead line
unless previously authorized to do so. Since proposed dock would cross the U.S.
Pierhead line, please provide documentation of previous authorization or modify
proposed project design such that dock would not cross the line.
L
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562)590-5071
Mr. Chris Miller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
ARNOLD SCHWARZENEGGER, Governor
January 9, 2009 a
Subject: Condition Compliance — Coastal Development Permit 5-06-117
& Conformance with Consistency Certification CC -031-06 - DREDGING
Dear Mr. Miller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following
sites in the City of Newport Beach:
Applicant
Site Address
Beach
Ocean
Cumulative
Eelgrass
Comments
Disposal
Disposal
Total' for
Present
Eelgrass Survey
Qty
Qty'
2009
between 15 -
Date/Expiration ;
(cu.yds)
(cu.yds)
30 Feet of
Caulerpa Survey
disposal
Date/Expirationtt
foot rint?§
Bacich, Marco
1022 - 1114 E. Balboa Boulevard
680
0
No
Eelgrass survey
10/30/2008 (expires
3/1/09); Caulerpa
survey 10/30/2008
(expires 1/28/09
Litt, Cita
r
501 Via Lido Soud
130
0
No
Eelgrass survey
10/31/2008 (expires
3/1/09); Caulerpa
survey 10/31/08
(expires 1/29/09
Irvine Company
201 E. Coast Highway
0
1000
No
Eelgrass survey
10/2008 (expires
3/1/09); Caulerpa
survey 10/2008
I
(expires Feb 1 2009
Sub -total
810
1000
Ye - total
810
10 0
1810
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development
Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a
limited time period and that additional surveys must be completed and submitted to Commission staff for review
if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial
Not to Exceed 1,000 cubic yards per dredging an6beach disposal event
t Not to. Exceed 1,000 cubic yards per dredging and off -shore disposal event
$ Not to Exceed 20,000 cubic yards per year
§ If "Yes" then if eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in
any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be
required.
All eelgrass survey/mapping. efforts must be completed during the active growth phase for the vegetation
(typically March through October) and shall be valid for a period of 120 days with the exception of surveys
completed in August - October. A survey completed in August - October shall be valid until the resumption of
active growth (i.e., March 1).
tt Caulerpa taxifolia surveys are valid for 90 days from date of survey
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
Mr. Chris Miller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
ARNOLD SCHWARZENEGGER, Governor
January 9, 2009 a
Subject: Condition Compliance — Coastal Development Permit 5-06-117
& Conformance with Consistency Certification CC -031-06 - DREDGING
Dear Mr. Miller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following
sites in the City of Newport Beach:
Applicant
Site Address
Beach
Ocean
Cumulative
Eelgrass
Comments
Disposal
Disposal
Total* for
Present
Eelgrass Survey
Qty
Qtyt
2009
between 15 -
Date/Expiration";
(cu.yds)
(cu.yds)
30 Feet of
Caulerpa Survey
disposal
Date/Expirationtt
foot rint?§
Bacich, Marco
1022 - 1114 E. Balboa Boulevard
680
0
No
Eelgrass survey
10/30/2008 (expires
_
3/1/09); Caulerpa
survey 10/30/2008
(expires 1128109
Litt, Cita
501 Via Lido Soud
130
0
No
Eelgrass survey
10/31/2008 (expires
3/1/09); Caulerpa
survey 10/31/08
(expires 1/29/09
Irvine Company
201 E. Coast Highway
0
1000
No
Eelgrass survey
1012008 (expires
311/09); Caulerpa
survey 10/2008
(expires Feb 1 2009
Sub -total
810
1000
Year-to-date total
810
1000
1810
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development
Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a
limited time period and that additional surveys must be completed and submitted to Commission staff for review
if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial
Not to Exceed 1,000 cubic yards per dredging and beach disposal event
1 Not to Exceed 1,000 cubic yards per dredging and off -shore .disposal event
Not to Exceed 20,000 cubic yards per year
§. if Yes" then 'if`eelgrass is.present between 15-30..feet from the proposed dredge material disposal footprint (in _
any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be
required:
All eelgrass survey/mapping efforts must be completed during the active growth phase for the vegetation
(typically March through October) and shall be valid for a period of 120 days with the exception of surveys
completed in August - October. A survey completed in August - October shall be valid until the resumption of
active growth (i.e., March 1).
tt Caulerpa taxifolia surveys are valid for 90 days from date of survey
December 30, 2008
California Coastal Commission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Dan Swenson
915 Wilshire Blvd.
Los Angeles, CA 90017
CITY OF NEWPORT BEACH
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
HARBOR RESOURCES
RE: Regional General Permit No. 54 — Dredging Application Submittals
Enclosed is the recent monthly batch of dredging applications for your approval, per the
California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06,
the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit, $60 Regional Water Board check included
for each application. All of these applications have been checked for accuracy and completeness
as evidenced by the attached Dredging Application City Checklist.
Thank you for your time in reviewing these applications. Please do not hesitate to call if you
have any questions.
Site addresses included
Bacich- 1022-1114 E. Balboa Blvd.
Litt- 501 Via Lido Soud
The Irvine Company- 201 E. Coast Highway (previously approved permit)
Sincerely,
Lisa Wafters
Harbor Resources Technician
(949) 644-3044
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3044 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/
Applicant Name:
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 718-1844 Fax (949) 723-0589
www.newport-beach.ca.us/hbr
DREDGING APPLICATION
Project Site Address:
CITY CHECKLIST
C 4- L4-
-5o I Vi a. Lid o
Applicant address, phone number
Agent & Contractor name, address, phone number (if applicable)
Project site address
® Assessor's parcel number
Dredge site latitude and longitude
® Disposal site:
Beach disposal latitude and longitude
❑ Ocean disposal LA -3
® Purpose and fmal goal of dredging
® Method of dredging. Vessel and equipment description.
Vessel(s) Captain, Dredging & Disposal Inspector
® Cubic yards dredged and disposed ( must be less than 1,000 cy.)
® Area impacted (in acres) --
If
If beach disposal, linear feet of affected beach arel
® Dredging and Disposal Operations Schedule
Scaled drawings (plan view and cross sectional view)
® Site address
® Location within the Harbor
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/
Dredging Application
City Checklist
Page 2
Location of existing dock structures
® Location of existing dock structures on adjacent properties
Location of Bulkhead, Pierhead and Project Lines
® Dredge depth (limited to -7 MLLW with a 1' allowable overdraft)
® Photo(s) of dredge and disposal areas at low tide (including 30' buffer area)
Eelgrass Survey
® Survey for presence of eelgrass within 30' of the entire project area
❑ Yes IO No Eelgrass within 15' of entire project area. Project not
permitted.
❑ If ocean disposal and eelgrass is located greater than 15' from the project
area, then no further monitoring required
® If beach disposal and eelgrass is not located within 30' of the project
area, then no further monitoring is required
❑ If beach disposal and eelgrass is located between 15' and 30' from the
project area, then pre- and post -monitoring is required
❑ Pre -monitoring survey attached
❑ Post -monitoring survey attached. Date submitted:
9 Eelgrass Stamp
9 Caulerpa Survey
19 Survey for Caulerpa within 30' of the entire project area
® Grain Size Analysis
® (1) sample per % acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
Beach disposal:
® Sample(s) must be at least 80% sand, or;
❑ At least 75% sand and within 10% of the sand content of the receiver beach
❑ Ocean Disposal:
❑ Sample(s) must be less than 80% sand
9 Project is over (check one box):
X City Tidelands
Dredging Application
City Checklist
Page 3
❑ County Tidelands (State Lands Commission Dredge Lease Approval)
❑ If applicable, check one box:
❑ The Irvine Company owner's approved area
❑ Bay Island owner's approved area
❑ Dover Shores owner's approved area
❑ Linda Isle owner's approved area
® Check made payable to The City of Newport Beach
® Check for $60 made payable to Santa Ana Regional Water Quality Control Board
I Signed application
lel Neighbor notification
POST DREDGING
❑ Post Dredging Report. Date submitted:
❑ Post eelgrass monitoring (if applicable)
Print Form
HARBOR RESOURCES DIVISION v.6-22-07
829 Harbor Island Drive
Newport Beach, CA 92660
r = (949) 644-3044 Fax (949) 723-0589
l,`: "u�•! �T��w.ne��port-beach.ca_usllihr
DREDGING APPLICATION
Regional General Permit 54
CDP 5-06-117 & CC -031-06
Corps File No. 200501233 -DPS
Water Board Consistency Permit
Valid Until October 4, 2011
Applicant Name, Address, Phone Number:
C I 4y9 Z76> -061g;—
/ 3 / 9'
76>-061g;/3/9' A:�� QQ(bac, 6jad.
NZW,p0r f 9e4,Gl\ C� `12b 6
-- T---- 1
Agent & Contractor Name, Address, Phone Number (if applicable):
/'✓l v� l� S� {s 9`� % 676--/0 7/
f3a I bow /-5 lq.1 e%} �z66 Z
Project Site Address: Assessor's Parcel Number:
vJ Ura 1GPo s0Lt I?���vPvd &ctC-1. I Iya _2U5 -O3 1
Dredge Site: Latitude 33° 3�, 6 7� Longitude //7
Disposal Site
f✓Beach Disposal: Latitude s�, Longitude
F- Ocean Disposal (LA -3): Latitude 33'31'00" Longitude .l 17° 53'30"
Purpose and Fin�U� of De�;ng�,--Tet on Bulkhead and Beaches):
�2av� 2�qu..p AA o�rem 17n 70 1
/// ll //��
�aq��h5 bu11"19Ctjq-jo" �4.ea
Regional General Permi154
Dredging Application
U. 9
Method of Dredging (Hydraulic, Clamshell, Tractor etc...), Vessel and Equipment Description:
6 <' y 2&C -e- r C u C ,a vi
Vessel(s) Captain �a/, � S, • �.� S
Dredging Operations inspector
Disposal Operations Inspector C
Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total):
30 Cu7J5
Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area:
. D % Acres Linear Feet
Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities:
o cuLJ'C lad fz .*? ZOC' Z
Dredging and Disposal Operations Schedule;
F--T--
L
Please
Please submit the following on a separate page. Use the check boxes to ensure a complete application is
filed. incomplete applications will not be processed.
F/ Scaled drawings of the project and disposal areas (plan view and cross sectional view)
IVI Site address
Location within the Harbor
(✓ Location and physical dimensions of existing structures on subject site (e.g. float, pier,
gangway, pile and bulkhead)
(—� Location and physical dimensions of existing structures on acjacent pr•oper•ties
Location of Bulkhead, Pierhead and Project Lines
[6�7z Dredge depth (limited to -7 MLLW with a P allowable overdraft)
jm✓ Photo(s) of entire dredge and disposal areas at low tide (including 30' buffer area),
with emphasis on eeigrass
Regional General Permit 54
Dredging Application
Page 3
I Eelgrass Survey - Completed by a Certified Eelgrass Diver
A. Survey for the presence of eelgrass within 30' of the entire project area (dredge
and disposal site)
B. If eelgrass is within 15' of project area, then the project will not be permitted.
(An .individual Permit must be sought)
C. If ocean disposal:
• Any eelgrass must be located greater than 15' from project area
• No further eelgrass monitoring is required
D. If beach disposal:
• If eelgrass is not present within 30' of the project area, then no further
monitoring is required
• If eelgrass is present between 15' to 30' of the disposal project area, then
pre- and post -monitoring is required. See Harbor Resources website for pre -
and post -monitoring requirements w\v\v.ne\ilort-beach.ca.usihbr
VCaulerpa Survey - Completed by a Certified Caulerpa Diver
A. Survey for Caulerpa Within 30' of the project area (dredge and disposal site)
1—V Grain Size Analysis
A. (1) sample per ''/a acre and 1 or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
B. If beach disposal, samples) must be at least 80% sand
Ir/ Project is over (check one box):
(—� City Tidelands
/ I County Tidelands (State Lands Commission Dredge Lease Approval)
r/ If applicable, check one box:
F The Irvine Company owner's approved area
F Bay Island owner's approved area
F Dover Shores owner's approved area
I Linda Isle owner's approved area
F✓_/ Check made payable to The City of Newport Beach (See Harbor Resources website for
/ appropriate fees)
I V/ Check for $60 made payable to Santa Ana Regional Water Quality Control Board
Project areas at the Rhine Channel, Newport .Island, Promontory Bay, the West Lido Channel or ft'oin
YI'ithin 1,000 f et it? any direction fi-oln the 15th Street public pier are not eligible for dredging under
this Pertnit.
Regional General Permit 54
Dredging .gppl icarion
Page 4
11 I rV1 1+R k s / TSS (Applicant / Agent), hereby certify that the
information on this application is accurate and complete. I also certify that I have read the California
Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps
of Engineers Regional General Permit No. 54 (File No. 200501233 -DPS) and the California Regional
Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance
dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also
certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be
subject to hazards from waves and erosion.
I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for
damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport
Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or
judgment arising out of the activities of the applicant carried on under the authority of such Permit.
I understand that any work authorized must be completed by October 4, 2011 after which a new
authorization is required. I also understand that the applicant will submit a Post Dredging Completion
Report no later than 30 calendar days after completion of each dredging project. All work scheduled to
be completed before 7:00 AM or after 6:00 PM (Monday - Saturday) or on Sundays or holidays must be
approved by Harbor Resources.
Per the ROP Permit, all dredging applications will be processed by the various agencies through monthly
batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be
submitted to and received by Harbor Resources by the I "Monday of every month Applications
submitted prior to this deadline are encouraged and appreciated.
Applicant and / or Agent Signature
/Z/o67--,
Date
low
General Information for RGP #54
Contractor: Mark Sites dba Intracoastal Dredging Service, (949) 675-1071
Email: marklsites@yahoo.com
License Information: California State Contractor #460235
Classification: "A" (General Engineering),"HAZ"(Hazardous Remediation)
Equipment: Shop built, 6", plain suction, 110 horsepower, hydraulic dredge, 22' X I1'.
Operator: Mark Sites
--- Experience 1 2 to-pmsent-oabovaequipment-—
Other: No barges or tugs are used. Typically, sand is pumped through a plastic pipeline
to a nearby beach disposal / restoration site.
EEL GRASS INSPECTION
❑ Eelgrass within 15' of project
ras withiv 5 - 30' of '
No Eelgrass ' oject area
T BEACH
CITY OF NEWPOR,
Signature
fiTYY cog /52-0 1
NEWPORT lkACHW to
Inspection Date & Ti
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j "E'"' SQtaNgNpS AM � ►r+ FEST AM *DOM OWNS
29 AMCOMTMy 10 FW. MMM UNIM ARE M7MuSHCO IN
PROJECT SITE
11+Is 510c"614 OF yr
R EXORNO FU91AnNG QM. O L
W$TA4L NO Wx70' OM W/ 5-188" so. A � % 3 o c ct yobs
NSTALL+NNEW 4 4MALL �CANCWAY SE YX24' STD W%
Pla.
501 VSA L►UQ SOLID ,✓
S d yr POR7 DEACN. CA
090r,
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0e .4j, e,.�('3 Rc2�
I
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HARBOR R » £ :� . ► SOURCES p1DIV. .9�Ra�q,r I I
peck Air_ RT BEAD CITY OF N WPO
-c"
PRO aS t
� s NAME: c►rA LlTT
TE.L- _ (940) 87S—SM AO SS: $01 VIA uaa. soup lA11E ; �z/ro%tw
Dee 02 08 08:47a MBC Applied Environmental 714 050 4840
COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 11 /25/2008
A B
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample'. 3813.94 grams (g) 45.49 grams (g)
Analysis Weight (SpIrk Wt.). 68,89 45,49 g
Visual Description: A light brown fine sand A light brown fine sand
lv±��mali shell hash. with small shell hash.
Fraction Fracit on Fraction FraEfii-o—n
Weiohi % of Total Weight % of Total
Gravel / Shell Hash Fraction: 0.94 g 2% 0 g 0%
>2.Omm (> -1�)
#10 Sieve —
Sand Fraction: 67�05 g 97% 45.25 g 99%
<2.0mm >o,oa3mrn < -1 � > 40)
#230 Sieve
Silt I Clay Fraction: 0.90 q 1 % 0.24 g 1 %
Outline of Sample collection and analysis:
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic container's and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into I liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 5VC and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
The dry split traction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt/clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silticlay fraction is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
110111111 11 !1 11111111 111 1 1 1 1111 11�1 I 1 1441111
p.4
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted 1 -'or any surveys conducted for the celgrass, Zostera
mafina, that are required to be conducted under federal or state pert -nits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying colgrass while ensuring that the required infoi-mation is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the celgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is fbllowing the latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (562) 980-4043, or William Paznokas, California Departy-nent of Fish & Gat-ne, (858)
4674218).
Site Name.
501 Via Lido Soud, Newport Beach
'common refere
Survey Contact:
(name, phone, e-mail)
Mark Sites (94QN 675-1071 marki sites %fahoo.com
Permit Refere ce:
(ACOE Permit No.� RWQCB
Order or Cea. No.)
RGP #54
Hydrographic System.
(bay, estuary, lagoon, or
Q;�
Lower Newloort Harbor
Iharbor)
Specific Location:
(UTM, Lat,/Long., datum,
N 33 36.6781
accuracy level, attach
W 117 55.1361
lectronic survey area map if
possible)
Was Eelgrass Detected:
—Yes, Eelgrass was found at this site.
–2LXX No, Eelgrass was not found at this site,
Description of
Permitted Work:
Remove existing float, pier, and pile and realign.
(describe briefly the work to
Maintenance dredging.
c conducted at the site tinder
the permits identified above)
Description of Survey
Survey date
Effort;
and time
October 31, 2008 1520-1555
please describe the surveys
c:ifsri:
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, data; of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
visibility in
'- '
ater:
Survey type
and methods:
SCUBA survey using a tether from a surface
observer to guide the diver throughout the entire A0E
surrounding the dock due to poor bottom visibility
glow approximately -5' MLLW. Diver swam two
oii®tethered transects parallel to beach where sand
disposal will talo place from dredging operations.
Suvvey�
ersonnel:
Mark Sites assisted by Mary Price
Survey
density:
Over 0% off shore of disposal site, over 75%
urr un in the dock.
urvey
imitations.
Poor visibility below -'59 MLLW
Other Information:
use this space to provide any
additional information or
�LLW � tide
references to attached
ateraals such as maps,
Drawing, map,
and aerial attached
reports, etc.)
Eelgrass Survey Reporting Form (version 1„0, 6/17/03)
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Caulerpa Survey Reporting Form
This forint is required to be submitted for any surveys conducted for the invasive exotic alga
Cauleipa taxifolia that are required to be conducted under federal or state permits and
authorizations issuod by the U& Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9)� The form has been designed to assist in controlling the cost's 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
Caulet,pa survey policy. It is incumbent upon the authorized permittee to ODSUre that Survey
work is following the latest protocols. For further information on these protocols, please contact:
Robert Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or
Williarri Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
November 5, 2008
Name of bay, estuary,
lagoon, or harbor:
Lower Newport Harbor
Specific Location Name:
(address or common
reference) —
501 Via Lido Soud, Ne�yL(�rt Beach
Site Coordinates-
(UTM, Lat./I,ong., datum,
N 133 36.678'
accuracy level, and an
W 117 55.135'
electronic survey area map
or hard copy of the map
must be included) --
Survey Contact-
(n.ame, phone, c-niail) —
Mark Sites (949) 675-1071 majrKk�l�'sit�hoo.coni.
Personnel Conducting
Survey (if other than
above).- (name, phone.
e-mail)
_�_er_mlt _Reference-.
same
(ACOE Permit No.,
RWQCB Order or CcrL No.)
RGP 954
Is this the first or second
survey for this project?
First
Was Caulerlia-
Yes, Caulerpa was found at thi�_44� —and
Detected?. (if Caulerpa is
found, please immediately
—.has been contacted on date.
contact NOAA Fisheries or
—_
CDFG personnel identified
above) XXXXXX —No, Caulerpa was not found at this site
Description of Permitted
Work.- (describe briefly the
Remove existing float
and pile, replace and realign.,
work to be conducted at the
Maintenance dredging.
site under the permits
identified above)
Description of Site.
Depth range:
to --I V MLLW
(describe the physical and
__+6'
Substratelype:
saLf�d to,�lt over sand
biological conditions within the
__Ei�t�jp
Temperature:
63 F
survey area at the time of the
Salinity:
NA
survey arid provide insight into
variability, if known. Please
Dominantflora:
provide units for all numerical
None
Dominantfauna:
Mussels on dock float arid pile.
Exotic slyed . es
encountered
(including any
None
other Cauletpa
species):
Other site
description notes:
None
Description of Survey
Survey date and
Effort:
time period.,
October 31, 2008 1520-1555
(please describe the surveys
Horizontal
conducted includiDg type of
visibility in water:
21-35
survey (SCUBA, remote
Survey type an
video, etc.) and survey
methods employed, date of
methods:
SCUBA survey using a tether from a
work, and survey density
surface observer to guide the diver
(estimated percentage of the
throughout the entire AOL, suffounding the
bottom actually viewed),
dock due to poor bottom visibility below
approximately –5' MLLW. Diver swam
two non -tethered transects parallel to beach
where sand disposal operations will take
lace from dr��iqLq ns.
RCH 9 1 —io
Describe an y limitations
Survey personnel:
encountered during the
Maxk Sites assisted by Mary Price
survey efforts.
Survey density:
Over 50% offshore of disposal site, and
over 70% surroundinu the dock
Survey limitations:
Poor visibility below --5' MLLW
Other Information: (-ase
this space to provide -+,0.5'MLI,W ebb tide
additional information or
references to attached maps, rawin „ znap, and aerial attaelreci
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
VA
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501 VSA LIDO SOLID,
NEWPORT BEACH, CA I
BULK HEAD LINE I 1
EXISTING PIER TO 1
REAIAIN
I
I 1
INSTALL NEW 12"
INSTALL GANGWAY 4' T PILE
4,4 PIER
zI a :,7 Ij
�. 70' - -
u
� 4A' 27" �
a a
INSTALL NEW - ,0 INSTALL 18' S0.
J's24' GANGWAY - - CONC PILE o
AS CIIYS SADI -
DWG i4'-7'
INSTALL 18' S0.
I GONG PILE 1
PIER HEAD UNE -
I
91, h
_ PRD,ECT LINE
W 00
O I INSTALLCON C. -PILE
w
-
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SITE PLAN
SCALE 1'.10'
GRAPHIC SCALE
0 5 0 to y
moi'. io.
ioj a&W-1.9 Serrlca
Yn�i
" Wrim- -a Vd-ft A R*,.rU
2500 via CabrMlo Marina, SLLIte 200
San Pedro, CA 90731
- Tali 310 548 3132
FLua3105181924
SITE PLANmum,
I-
AS NOTED 416-21-J8
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STATE OF CALIFORNIA —NATURAL RESOURCES AGF r
ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION,..
SOUTH COAST DISTRICT
PO Box 1450'
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
—
(562) 590-5071 FAX (562) 590-5084
www.coastal.ca.gov
Date: September 10, 2009
E.Morris Smith Trust
5-09-132
501 Via Lido Soud
Newport Beach, CA 92663
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on August 20, 2009 and was reported to the
Commission on Wednesday, September 9, 2009 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.
shelimaker° enc.
Lisa E. Miller
President
S37 tW. 1.17M Street'
0-5F ___ ., Costa Mesa, CA 92627
General Engineering Contractors/License No. 561434
Marine Construction and Dredging
Phone (949) 548-5359 Fax (949) 548-5315
cc: Local Planning Dept.
Shellmaker, Inc., Attn: Lisa Smith
Sincerely,
PETER M. DOUGLAS
Executive Director
ZBy.
LILIANA ROMAN
Coastal Program Analyst
CCS CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION _
200Soucoast Area office Permit Application No. 5-09-132 m'
200 Oceangate, Suite 1000 pp -
Long Beach, CA 90802-4302 Item W5a Date: August 19,2009%
(562)590-5071
Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: E. Morris Smith Trust
PROJECT
DESCRIPTION: Remove existing u -shaped wood dock and three (3) 14" square concrete piles
and replace with a new 8'x 70' long dock and five (5) 18" square concrete piles
for support; the existing pier is to remain with the addition of a new 4'x4'
gangway lobe/pier supported by one (1) 12" "T" pile connecting to a new 3'x24'
gangway approach to the proposed new dock.
PROJECT
LOCATION: 501 Via Lido Soud, 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, September 9, 2009
9:00 am
Wharfinger Building
1 Marina Way
Eureka, CA 95501
IMPORTANT - Before You may proceed with development, the followina 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 Director
By: Liliana Roman
Title: Coastal Program Analyst
5-09-132 (Smith Trust)
Administrative Permit
Page 2 of 7
STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
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 be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four thru 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 EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiect Description
The project site is located at 501 Via Lido Soud in the City of Newport Beach (Exhibits #1-2). Single-
family residences characterize the subject site and the surrounding area. The proposed project
involves maintaining the existing timber and wood decking pier and removal of an existing "U" shaped
dock and concrete piles and replacement with a new 4'x 4' gangway lobe supported by one new 12"
"T" pile and connecting to a 3'x 24' gangway leading to a new 8'x 70' wood frame and deck dock with
Styrofoam floats contained in sealed polyethylene tubs (Exhibit #3). The new configuration is different
to that currently in place and is meant to accommodate a larger 90' sailing vessel. New materials
consist of Douglas fir and Trex composite decking. The proposed dock system exceeds the U.S. Pier
head Line but conforms to the Project Line allowable by the City in this area of Newport Bay.
The existing wood pier is approximately 24' long by 12' wide and does not meet the City of Newport
Beach Harbor Resources Division pier standards for residential use. However, as previously
described, the proposed project does not include any work to the existing oversized thereby non-
conforming wood pier. However, in the future should the pier require maintenance or replacement, at
such time the new structure would be reviewed for conformance with the current Harbor Resources
5-09-132 (Smith Trust)
Administrative Permit
Page 3 of 7
Division pier standards. As such, the Commission imposes Special Condition 4 informing the
applicant that future development on the site requires an amendment to this permit (5-09-132) or a new
coastal development permit. Future development includes, but is not limited to repair and maintenance
to the existing pier and proposed new dock system.
The dock project will be used for boating related purposes to serve a single-family residential
development. The City of Newport Beach Harbor Resources Division surveyed the site for eelgrass on
April 9, 2009 and no eelgrass was discovered within 15 feet of the project area. The site was also
surveyed for Caulerpa taxilfolia, in October, 2008 and April, 2009. These eelgrass and Caulerpa
taxilfolia surveys are- valid for a limited period of time (until the next growing season for eelgrass and, 90
days for CaLlIerpa taxilfolia). If construction does not occur within the respective time periods, a
subsequent survey will be required. If any eelgrass or Caulerpa taxilfolia are found on the project site,
Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to
beginning any construction. Coastal public access is available approximately 1/2a mile east from the
project site at a small public beach at intersection of Via Lido Soud with Via San Remo. The proposed
project has received an approval in concept from the City of Newport Beach Harbor Resources ,
Division. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for
replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact
water quality if standard construction methods and materials are used. The applicant has applied for a
permit from the U.S. Army Corps of Engineers. Staff expects the U.S. Army Corps of Engineers' Letter
of Permission (LOP) deeming the project qualifies for the General Concurrence for impacts to essential
fish habitats.
Section 30600(c) 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 City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coasta!
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
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 Qualitv
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.
5-09-132 (Smith Trust)
Administrative Permit
Page 4 of 7
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. 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
a Local Coastal Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
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.
SPECIAL CONDITIONS:
Water Quality
A. Construction Responsibilities and Debris Removal
(1) 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.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) 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.
(6) 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.
(1) Boat Cleaning and Maintenance Measures:
5-09-132 (Smith Trust)
Administrative Permit
Page 5 of 7
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. 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.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. 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.
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil absorbents
in the bilge and under theengine 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 inspect and maintain engines,
seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of
soaps that can be discharged by bilge pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels,
lubricants or other liquid materials), the boaters will use a bilge pump -out facility
or steam cleaning services that recover and properly dispose or recycle all
contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge pumps.
2. Eelgrass Survey
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (15) business days.prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
5-09-132 (Smith Trust)
Administrative Permit
Page 6 of 7
proposed project, the development shall require an amendment to this permit from tale
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (excep� as modified
by this special condition) adopted by the National Marine Fisheries Service and shall > ,
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Poiicy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
Pre -construction Caulerpa Taxifolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal developrrrent
permit (the "project'), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa 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 applicant shall submit the
survey:
(1) for the review.and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
5-09-132 (Smith Trust)
Administrative Permit
Page 7 of 7
coastal development permit unless the Executive Director determines that no
amendment is legally required.
4. Future Development
This permit is only for the development described in Coastal Development Permit No. 5-09-132.
Pursuant to Title 14 California Code of Regulations Section 13250(b) (6), the exemptions
otherwise provided in Public Resources Code Section 30610 (a) shall not apply to the
development governed by Coastal Development Permit No. 5-09-132. Accordingly, any future
improvements to the development authorized by this permit, including but not limited to repair
and maintenance activities identified as requiring a permit in Public Resources Section
30610(d) and Title 14 California Code of Regulations Sections 13252(a) - (b), shall require an
amendment to Permit No. 5-09-132 from the Commission or shall require an additional coastal
development permit from the Commission.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
Me acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
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INSTALL NEW 8'x70' DOCK W/ 5-18" SQ.
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INSTALL NEW 4x4 GANGWAY LOBE W/ 12" 'T'
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NAME: CITA LITT JOB ADDRESS: 501 VIA U1 O SOUD DATE 14 NOV 08
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Permittee:
Permit Number:
Issuing Office:
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Mrs. Ramona Smith; Morris E. Smith Trust
SPL-2009-00635-SCH
Los Angeles District
Note: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified
below.
Project Description: To permanently impact 0.0152 acre(s) of waters of the U.S., and to
temporarily impact 0.092 acre(s) of waters of the U.S., in association with the Litt Dock and Pile
Replacement Project as shown on the attached drawings.
Specifically, you are authorized to:
1. to remove an existing 33 -foot wide by 50 -foot long "U" shaped wood dock and replace it
with a new 8 -foot wide x 70 -foot long dock, wood framing and decking with Styrofoam
floats contained in sealed polyethylene tubes, in a different location and alignment;
2. remove three 14 -inch square concrete piles and replace them with four 18 -inch square
prestressed piles;
3. remove a 37 -foot gangway and replace with a new 3 -foot x 24 -foot standard gangway;
and
4. place a new 4 -foot x 4 -foot gangway lobe with one 14 -inch T -pile.
Project Location: 501 Via Lido Soud, in the City of Newport Beach, Orange, California
(33.611063, -117.918909).
Permit Conditions:
General Conditions:
1. The time limit for completing the authorized activity ends on December 21, 2012. 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 from 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. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. 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.
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.
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;
B) The creosote treated pilings are wrapped in plastic;
M
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 wrapping 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. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
http://swr.nmfs.noaa.gov/1-icd/caulerpa/ccp.pdf) not earlier than 90 calendar days prior to
planned construction and not later than 30 calendar days prior to construction. The results of
that survey shall be furnished to the Corps, NOAA Fisheries, and.,the California Department of
Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters.
In the event that Caulerpa is detected within the project area, the Permittee shall not
commence work until such time as the infestation has been isolated, treated, and the risk of
spread is eliminated as confirmed in writing by the Corps, in consultation with NOAA
Fisheries and CDFG.
6. FOR BOAT DOCKS and OTHER STRUCTURES PLACED IN WATERS OF THE US WITH
THE POTENTIAL TO IMPACT EELGRASS: Once authorized impacts to navigable waters
authorized by this permit have ceased, the Permittee shall conduct two years ot post -
construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheriesz
Southern California Eelgrass Mitigation Policy (Policy)
(http://swr.nmfs.noaa.gov/hcd/eelpol.ht.m). All required post -construction monitoring surveys
shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days
of each survey completion date. Based upon the post -construction monitoring survey results
and in accordance with the Policy, the Corps will determine the need and/or amount of
Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat. The
Corps will transmit its determination to the Permittee in writing. Within 60 calendar days of
receiving the CorpsZ determination specifying the need and amount of mitigation, the
Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval, The
EFH mitigation plan shall be prepared in accordance with the Policy and the CorpsZ Los
Angeles District Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004.
The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps.
7. FOR DREDGING PROJECTS WITH THE POTENTIAL TO IMPACT EELGRASS: Prior to
each maintenance dredging event, a pre -project eelgrass survey should be conducted in
accordance with the Southern California Eelgrass Mitigation Policy (SCEMP)
(http://swr.nmfs.noaa.govihcd/eelpol.htm). If the pre -project survey demonstrates eelgrass
presence within the project vicinity, a post -project survey should be conducted and impacts to
eelgrass mitigated in accordance with the SCEMP.
8. 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 oor 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
3
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.
9. The Permittee shall notify the Corps of the date of commencement of operations not less
than 14 calendar days prior to commencing work, and shall notify the Corps of the date of
completion of operations at least five calendar days prior to such completion.
10. 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: d11LNM@uscg.mil
Website: http://www.uscg.mil/dp/hunrequest.asp
U.S. Coast Guard, Sector LA -LB (COTP)
TEL: (310) 521-3860
E-mail: john.p.hennigan@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:
1) Project description including the type of operation (i.e. dredging, diving, construction,
etc).
2) Location of operation, including Latitude / Longitude (NAD 83).
3) Work start and completion dates and the expected duration of operations. The Coast
Guard needs to be notified if these dates change.
4) Vessels involved in the operation (name, size and type).
5) VHF -FM radio frequencies monitored by vessels on scene.
6) Point of contact and 24 -hour phone number.
7) Potential hazards to navigation.
8) Chart number for the area of operation.
9) 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, 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 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
4
or removing any aids to navigation until authorized to do so by the Corps 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 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 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.
11. 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
features in navigable waters. The Permittee shall forward a copy of the survey to the Corps
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.
12. 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, 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:
(x) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).
() Section 404 of the Clean Water Act (33 U.S.C. 1344).
O Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
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.
5
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 wipermitted
activities or from natural causes.
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 unpermitted 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 tl-us
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 permit.
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 permit 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 time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
Cel
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
PERMITTEE
DATE
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
DATE
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 permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
TRANSFEREE
NO
DATE
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
NOTIFICATION OF COMMENCEMENT OF WORK
FOR
DEPARTMENT OF THE ARMY PERMIT
Permit Number: SPL-2009-00635-SCH
Name of Permittee: Mrs. Ramona Smith; Morris E. Smith Trust
Date of Issuance: December 21, 2009
Date work in waters of the U.S. will commence:
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:
Sol2hia.C.Huynh@usace.army.mil
OR
N'
(2) FAX this certification, after signing, to: 213-452-4196
(3) MAIL to the following address:
U.S. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2009-00635-SCH
2
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-2009-00635-SCH
Name of Permittee: Mrs. Ramona Smith; Morris E. Smith Trust
Date of Issuance: December 21, 2009
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:
Sophia.C.HuynhC usace.army.mil
OR
(2) FAX this certification, after signing, to: 213-452-4196
OR
(3) MAIL to the following address:
U.S.. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2009-00635-SCH
3
STATE OF CALIFORNIA —NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate; 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071 FAX (562) 590-5084
www.coastal.ca.gov
ARNOLD SCHWARZENEGGER; Governor
e�
Date: September 10, 2009
E.Morris Smith Trust 5-09-132
501 Via Lido Soud
Newport Beach, CA 92663
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on August 20, 2009 and was reported to the
Commission on Wednesday, September 9, 2009 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
ZBy LILIANA ROMAN
Coastal Program Analyst
UIPTIM o
PLANWO DEPARTWUNT
SEP 14 2009
CITY OF NEWPORT BEACH
cc: Local Planning Dept.
Shellmaker, Inc., Attn: Lisa Smith
CC," CALIFORNIA COASTAL COMMISSION
CITY OF NEWPORT BEACH
CITY OF
NEWPORT BEACH UPPER
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jEny SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS
[� BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE
SITE o EAST APROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED IN
THIS SECTION OF NEWPORT BAY.
SCOPE OF WORK:
REMOVE EXISTING FLOATING DOCK. PILES, I
INSTALL NEW 8'x70' DOCK W/ 5-18" SQ. HARBOR RESOURCES DIV.
PILES. INSTALL NEW 3'x24 STD GANGWAY.
INSTALL NEW 4x4 GANGWAY LOBE W/ 12" 'T'
PILE. CITY OF NEWPORT BEACI-
501 WA LIDO SOLID
NEWPORT BEACH, CA _ 3
I
EXISTING
PIER TO
REMAIN
INSTALL
INSTALL
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C ASTAL COMMISSION
PROJECT LINE
3
EXHIBIT #
PAGE OF
SITE PLAN
SCALE 1"=30'
NAME: CITA UTT
OB ADDRESS: 501. V UDO SOLID
DATE: 14 NOV 08
TEL -(949) 675-6777
STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area office
200 Oceangate, Suite 1000 Permit Application No. 5-09-132 tl��
Long Beach, CA 90802-4302 Item W5a Date: August 19,2009
(562) 590-5071 Page 1 Of 7
ADMINISTRATIVE PERMIT
APPLICANT: E. Morris Smith Trust
PROJECT
DESCRIPTION: Remove existing u -shaped wood dock and three (3) 14" square concrete piles
and replace with a new 8'x 70' long dock and five (5) 18" square concrete piles
for support; the existing pier is to remain with the addition of a new 4'x4'
gangway lobe/pier supported by one (1) 12" "T" pile connecting to a new 3'x24'
gangway approach to the proposed new dock.
PROJECT
LOCATION: 501 Via Lido Soud, 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, September 9, 2009
9:00 am
Wharfinger Building
1 Marina Way
Eureka, CA 95501
IMPORTANT Before you may proceed with development. the followina 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 Director
By: Liliana Roman
Title: Coastal Program Analyst
5-09-132 (Smith Trust)
Administrative Permit
Page 2 of 7
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 be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors;
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four thru 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 EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiect Descrir)tion
The project site is located at 501 Via Lido Soud in the City of Newport Beach (Exhibits #1 -2). Single-
family residences characterize the subject site and the surrounding area. The proposed project
involves maintaining the existing timber and wood decking pier andremoval of an existing "U" shaped
dock and concrete piles and replacement with a new 4' x 4' gangway lobe supported by one new 12"
"T" pile and connecting to a 3'x 24'gangway leading to a new 8'x 70'wood frame and deck dock with
Styrofoarn floats contained in sealed polyethylene tubs (Exhibit #3). The new configuration is different
to that currently in place and is meant to accommodate a larger 90' sailing vessel. New materials
consist of Douglas fir and Trex composite decking. The proposed dock system exceeds the U.S. Pier
head Line but conforms to the Project Line allowable by the City in this area of Newport Bay.
The existing wood pier is approximately 24' long by 12' wide and does not meet the City of Newport
Beach Harbor Resources Division pier standards for residential use. However, as previously
described, the proposed project does not include any work to the existing oversized thereby non-
conforming wood pier. However, in the future should the pier require maintenance or replacement, at
such time the new structure would be reviewed for conformance with the current Harbor Resources
5-09-132 (Smith Trust)
Administrative Permit
Page 3 of 7
Division pier standards. As such, the Commission imposes Special Condition 4 informing the
applicant that future development on the site requires an amendment to this permit (5-09-132) or a new
coastal development permit. Future development includes, but is not limited to repair and maintenance
to the existing pier and proposed new dock system.
The dock project will be used for boating related purposes to serve a single-family residential
development. The City of Newport Beach Harbor Resources Division surveyed the site for eelgrass on
April 9, 2009 and no eelgrass was discovered within 15 feet of the project area. The site was also
surveyed for Caulerpa taxil/blia, in October, 2008 and April, 2009. These eelgrass and Caulerpa
taxiffiblia surveys are valid for a limited period of time (until the next growing seasonfor eelgrass and 90
days for Caulerpa taxiffiblia). If construction does not occur within the respective time periods, a
subsequent survey will be required. If any eelgrass or Caulerpa taxiffiblia are found on the project site,
Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to
beginning any construction. Coastal public access is available approximately Y2a mile east from the
project site at a small public beach at intersection of Via Lido Soud with Via San Remo. I The proposed
project has received an approval in concept from.the City of Newport Beach Harbor Resources
Division. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for
replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact
water quality if standard construction methods and materials are used. The applicant has applied for a
permit from the U.S. Army Corps of Engineers. Staff expects the U.S. Army Corps of Engineers' Letter
of Permission (LOP) deeming the project qualifies for the General Concurrence for impacts to essential
fish habitats.
Section 30600(c) 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 City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in,30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
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 Quality
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.
5-09-132 (Smith Trust)
Administrative Permit
Page 4 of 7
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. 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
a Local Coastal Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
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.
SPECIAL CONDITIONS:
1. Water Quality
A. Construction Responsibilities and Debris Removal
(1) 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.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) 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. -
(6) 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.
(1) Boat Cleaning and Maintenance Measures:
5-09-132 (Smith Trust)
Administrative Permit
Page 5 of 7
a. In -water top -side and bottom -side. boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs underwater 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.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or Iye.
(2) Solid and Liquid Waste Management Measures:
a. 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.
(3) Petroleum Control Management Measures:
a. 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 inspect and maintain engines,
seals, gask ets, lines and hoses in order to prevent oil and fuel spills. The use of
soaps that can be discharged by bilge pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels,
lubricants or other liquid materials), the boaters will use a bilge pump -out facility
or steam cleaning services that recover and properly dispose or recycle all
contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge pumps.
2. Eelgrass Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (15) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
5-09-132 (Smith Trust)
Administrative Permit
Page 6 of 7
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.2.1 (mitigation: impact). The exceptions to the required 1.21
mitigation ratio found within SCEMPshall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
3. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa 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 applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxi/blia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
5-09-132 (Smith Trust)
Administrative Permit
Page 7 of 7
coastal development permit unless the Executive Director determines that no
amendment is legally required.
4. Future Development
This permit is only for the development described in Coastal Development Permit No. 5-09-132.
Pursuant to Title 14 California Code of Regulations Section 13250(b) (6), the exemptions
otherwise provided in Public Resources Code Section 30610 (a) shall not apply to the
development governed by Coastal Development Permit No. 5-09-132. Accordingly, any future
improvements to the development authorized by this permit, including but not limited to repair
and maintenance activities identified as requiring a permit in Public Resources Section
30610(d) and Title 14 California Code of Regulations Sections 13252(a) - (b), shall require an
amendment to Permit No. 5-09-132 from the Commission or shall require an additional coastal
development permit from the Commission.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
Me acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
........... .
rz
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COASTAL COMMISSION
EXHIBIT
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CITY OF NEWPORT BEACH
CITY OF
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UPPER
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PROJECT SITE E
REMOVE EXISTING FLOATING DOCK, PILES, .
INSTALL NEW 8'x70' DOCK W/ 5-18" SQ.
PILES. INSTALL NEW 3'x24' STD GANGWAY.
INSTALL NEW 4x4 GANGWAY LOBE W/ 12" 'T'
PILE.
BULK HEAD OWE
20'
80'
EXISTING
SCALE 1 "@30' ELEVATION
SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS
BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE
APROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED 1N
THIS SECTION OF NEWPORT BAY.
501 VIA LIDO SOLID
NEWPORT BEACH, CA
HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
(04)3l c
INSTALL
2 NEW 3 X24' - 14'-7' - m
GANGWAY 0
AS CYTYS
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EXHIBIT # -�
PAGEOF
SITE PLAN
SCALE 1"=30'
APPLICANT'S NAME: CITA LITT
TEL (949) 675-6777 [1 1
08 ADDRESS: 501 VIA LIDO SOLID DATE: 14 NOV 08
EXISTING
PIER TO -
INSTALL
REMAIN
4•
NEW 12' 'T" -
PILE
INSTALL
I
GANGWAY � T
70' -
HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
(04)3l c
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INSTALL
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EXHIBIT # -�
PAGEOF
SITE PLAN
SCALE 1"=30'
APPLICANT'S NAME: CITA LITT
TEL (949) 675-6777 [1 1
08 ADDRESS: 501 VIA LIDO SOLID DATE: 14 NOV 08
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
APPROVAL IN CONCEPT
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 floating dock,
Iles. Install new 8'X 70' dock w/5-18" sq. piles. Install new 3'X24' std. gangway.
New 4'X4' an wa lobe w/1-12" 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: 501 Via Lido Soud
Legal Description:
Harbor Permit Number: 172-501
Plan Check Number: 0782-2009
Applicant: Cita Litt
Applicant's Mailing Address: 501 Via Lido Soud, Newport Beach, CA 92663
Phone Number: (949) 675-6777
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:
I 'as been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
June 24, 2009
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
01/13/2010 WED 10:18 FAX --- Shellmaker
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
June 24, 2009
Property Address: 501 Via Lido Soud
2001/002
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
01/13/2010 WED 10:19 FAX ---a Shellmaker
2002/002
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.
' Applicant Signature
Joint Pier Applicant Signature (if applicable)
Print Name
Print Name
Page 2 of 2
,-# -- i -0'o
Date
Date
W
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
June 24, 2009
Property Address: 501 Via Lido Soud
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.
Lisa Walters, Harbor Resources Date
' Applicant Signature
Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
CITY OF NEWPORT BEACH
CITY OF
NEWPORT BEACH
west 2° 80
!
OA - It
-
MAIM
tHiMPIORT BAY –! t0 9
PIER --
P
q Foc
VICINITY Alm --Z, 1 SCALE 1 "=30' ELEVATION
M°�'0ar .� SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS
aw BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE
PROJECT SITE TM THIS SECTION
10 FEET. HARBOR LINES ARE ESTABLISHED IN
THIS SECTION OF NEWPORT BAY.
REMOVE EXISTING FLOATING DOCK. PILES. _
INSTALL NEW 8'x70' DOCK W/ 5-18" SO. HARBOR RESOURCES
PILES. INSTALL NEW 3'x24' STD GANGWAY.
INSTALL NEW 4x4 GANGWAY LOBE W/ 12" 'T' CITY QE NEWPORT BEACH
PILE_
501 VIA LIDO SOLID I
NE14PORT BEACH, CA
,jo
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EMSTM I
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Aw
SITE PLAN
SCALE 1"=30'
APPLICANT'S NAME: CITA LITT OB ADDRESS: 501 VIA LIM SOLID DATE: 14 NOV 08
TEL (949) 675-6777
I
I 1
I �
501 NA LIDO SOUO,
NEWPORT BEACH, CA
BULK HEAD LINE
EJCISTING PEER TO i
REMAIN I
I I
I �
INSTALL NEW 12"
INSTALL GANGWAY 4' Y PILE 1
4..4 PIER
v 7O• �
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O
49' 2i' �
Q- 4
INSTALL INSTALL 18' SO-
'j
4' GANGWAY CONC. POE -
AS LITYS SID
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I 0
INSTALL 18" 50. Vie+ 1
CONC. PILE I
I ti i
5
I �
PEER ifERD LINE
I
17- " 1
PRO.ECT LINE I q�
2 INSTAmic, POE �lP+
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SITE PLAN
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san F'e & w CA 90731
73105483132
FM 310 5481924
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SITE PLAN
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NEWPORT BEACA
EULI" HEAD LINE
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Y PILE _
INSTALL GA:"GMAI 4
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3124 wWGS&,?Y OV _ Pec I
IN
SITE PLAN OVER AERML
SCALE 1'=70'
PROJECT CONTRACTOR
X CITA LIT
$; `. Worksheet for Building Combo Permit Application ! I r
�� � fall tt. City of Newport Beach - Building Departm�ARROR RES®URC
Please print 3 copies_�+_
[—Building j .Grading... ;Drainage rElec r
1. Project Address (Not mailing address)
Sol 1JiA L loo Soon
Tenant Name(if Applicable)
2. Description of Work
I_RF_PLAc.F_ELtST1L1q Docx 4 it_eS Wi-rN 14E�t OF_e kat1
_._..._.......... _......... -.............. .................... ...................... ............................. .................. _.................... .................... ..................... ........ _............................... _..... ........................... ....,........
Exist House SF Demo House SF Add/Reconstruct House SF
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF I
I
TOTAL HOUSE SF
NewAdd...... Demo _.-.,..._._.___.._.___.._....._..-----_,..
TOTAL GARAGE SF
j- 3.Owner's Name Last I L ITFirst l 01 7-P
Owner's Address
Sol qIA C.IDO soap
City Al EcJPoRr BEg6J! State CR
RT
....
# Units (if Residential)
.......................... _........:
Use
Valuation $ �Or OQO
# Stories
Cu Yd Cut
F I
..........
Cu Yd Fill
Owner's E-mail Address
........ .........................._.............-........................................: _....�................................................
Zip ga�b3 Telephone q49 &75-67'77......................
.......... .............
[7 4. Architect/Designees Name Last First Lic. No.
..._........ ............... ......... ........................................... _................. . I.................................................. _............
Engineer's Address
a Soo 41A CAARI LLO MRRIAtA *aoo
_. _. _.........-........... _........................... _......... .......... _....... _................. _............................. _........................
CitysA4..._ . State .......................... ....... ........................
.......... .... : I._.................-
Engineer's E-mail Address
ba z -t & aol . com
........................ _....... ,........ _.......................................... _.......... .......................... ........................ _...... ....................................
,
Zip Telephone 310 S 48-3h�
6. Contractor's Name Last�et_c_/1nAKER �AJG, First Lic. No. 5�1�3 Class Rig
Contractor's Address
if 31 LJ. 17774 !gTR------------
EE:r
City CC SrA m ESA State C R
OFFICE USE ONLY ENERGY P/C FEE $
Q,V- ► IW) GRADING P/C FEE $
Rev 1/18/07 ELEC/MECH/PLUM P/C
Contractor's E-mail Address
Sh e,[Irhake.r@ 9beq I o b al . n e -T
..............................................................................................................................................:
M__
Telephone '? f9 6-4e- S.3547
JUN 0 2 2009 PERMIT NO.
Cid of NFWPC-T BEACH PLAN CHECK NO.
PLAN CHECK FEE $
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
P.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3288
FEE RECEIPT
TARGET DATE:
Date J0Ian Check No. Permit No. Received by: L0'1:z1_L"_
77 A -.6,v4
Received from Job Address
BuildingPlan Check.........................................................................29005002
Harbor Resource Plan Check (Building)..........................................2900-4627
ZoningPlan Check..........................................................................2700-5003
GradingPlan Check........................................................................2900-5004
FirePlan Check ............................................................................2330-5055
Electrical Plan Check.......................................................................2900-4612
PlumbingPlan Check.......................................................................2900-4616
MechanicalPlan Check...................................................................2900-4618
Harbor Resources Plan Check........................................................2370-4654
Overtime Plan Check - Building......................................................2900-5023
Overtime Pian Check - Grading.......................................................2900-5004
Overtime Plan Check - Planning ......................................................2700
-5003
Preliminary Code Compliance Review.............................................2900-5002
Reinspection B E M P/Special Inspection........................................2900-5008
ReinspectionFire.............................................................................2330-5050
Temporary Certificate of Occupancy ...............................................2900-5008
Underground Utilities Waiver .......... .................................................
010-2225
Energy Compliance.........................................................................2900-5017
Planning Department Fees..............................................................2700-5000
Sale of Maps & Publications (Planning)...........................................2700-5812
Determination of Unreasonable Hardship........................................2900-5018
Public Works Plan Check..................................................................5200-5002
Surety Deposits (Refundable)..........................................................010-2201
Records Management Fee (Copies)................................................010-2263 $
Subpoena Fees ..... ................................PAID..........................2900-5001 $
Other (Specify) ......................................
3UN"* 7*20"..................... $
TOTAL FEES $ `
For Plan Check status log on to: CITY OF NEWPORT BEACH
www.city.newport-beach.ca.us/buil inq,
select On -Line Services or call (949) 644-3255 Fee Receipt No. }` l
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL.
14Ur_ ..__. 10JOIAO\
$
$
$
$
$
$
Records Management Fee (Copies)................................................010-2263 $
Subpoena Fees ..... ................................PAID..........................2900-5001 $
Other (Specify) ......................................
3UN"* 7*20"..................... $
TOTAL FEES $ `
For Plan Check status log on to: CITY OF NEWPORT BEACH
www.city.newport-beach.ca.us/buil inq,
select On -Line Services or call (949) 644-3255 Fee Receipt No. }` l
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL.
14Ur_ ..__. 10JOIAO\
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (563) 980-4043, or William Faznokas, California Department of Fish & Game, (858)
467-4218).
ite Name:
501 Via Lido Soud, Newport Beach
common reference
Survey Contact:
name, phone, e-mail)
ark Sites 949 575-1071 marklsites . ahoo.com
Permit Reference:
ACGE Permit No., RWQCB
rder or Cert. No.)
RGP #54
Hydrographic System:
bay, estuary, lagoon, or
arbor)
11 -ower Newport Harbor
peciffc Location:
Lat./Long., datum,
N 33 36.655'
accuracy level, attach
W 117 55,135'
electronic survey area map if
ossible
as Eelgrass Detected:
Yes, Eelgrass was found at this site.
XXX No, Eelgrass was not found at this site.
Description of
Permitted Work:
(1)Remove existing float, pier, and pile and realign.
describe briefly the work to
e conducted at the site under
(2)Ma intenance dredging. (Separate permit applications)
e permits identified alcove)
1
Description of Site:
epth range:
describe the physical and
-1 V to +6' MLLW
biological conditions within
.the survey area at the time of
Ihe survey and provide insigh
into variability, if known.
Please provide units for all
numerical information).
sand to silt over sand
Fubstratee:Fine
mperature:
63 F
alinity:
NA
ominant
ora:
None
Dominant
fauna:
Mussels on dock floats and pile.
Exotic
species
encountered. •
IL
None
they site
ascription
None
otes:
Description of Survey
Survey date
(fort:
and time
April 9, 2009
lease describe the surveys
period.
conducted including type of
urvey (SCUBA, remote
deo, etc.) and survey
methods employed, date of
work, and survey density
estimated percentage of the
bottom actually viewed).
escribe any limitations
encountered during the
survey efforts.
Horizontal
visibility in
2'- T above 5' depth, <2' below 5'
ater.,
Survey type
d methods:
SCUBA survey using a 20' tether (due to poor
visibility) attached to the dock or float piles. Diver
wam two non -tethered transects parallel to beach
sanddisposal will take place from dredging
fere
rations.
urvey
ersonnel:
k Sites
urvey
ensity.
Over 70% of disposal site, over 50%
—lurrounding
the dock.
urvey
imitations:
Poor visibility due to Upper Bay dredging operations
d heavy tug and barge traffic.
they Information:
use this space to provide any
+2.5' M LLW ebb tide
additional information or
references to attached
aterials such as maps,
Drawing, map, and aerial attached
reports, etc-)
Eelgrass Survey Reporting Form (version 1.0, 6/17/03)
q
d
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CITY OF NEW :
PORT BEACH
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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 su�ject 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) 980-4.043, or
William Pa7-nokas, California Deparh-nent of Fish & Game, (858) 467-4218).
Report Date:
April I I �7 2009
Name of bay, estuary,
lagoon, or harbor:
Lower Newport Harbor
Specific Location Name:
(address or common
reference)
501 'Via Lido Soud, Newport Beach
Site Coordinates-
(UTM, Lat./Long., datum,
N 33 36.655'
accuracy level, and an
W 117 55.135'
electronic survey area map
or hard copy of the map
must be included)
-�,urvey Contact:
(name., phone,. e-mail)
Mark
Personnel Conducting
Survey (if other than
above). (name, phone,
e-mail)
same
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
RGP 954
Is this the first or second
survey for this project?
Second (First was 10/08)
Was carilerpa
Yes, Caulerpa was found at this site and
Detected?: (if Caiderpa is
found, please immediately
has been contacted on --- date.
contact NOAA Fisheries or
CDFG personnel identified
above)
XXXXXX Caulerpa was not found at this site.
Description of Permitted
Work. (describe briefly the Remove existing float and pile, replace and realign.
work to be conducted at the
site under the permits Maintenance dredging.
identified above)
Desciiption of Site- Depth range: +6-' to —1 V MLLW
(describe the physical and Substrale lype: Fine grain sand to silt over sand
biological conditions within the
survey area at the time of the Temperature: 63 F
I ' Salinity: NA
survey and provide insight into
variability, if known. Please Donfinantflora:
provide units for all numerical None
inforniation).
Doininantfianna: Mussels on dock float and vile.
Exotic species
encountered F
(including any None
other Caulerpa
species):
Other site
description notes: None,
Description of Survey Survey date and
Effort. thne period., April 9, 2009 1230-1320
(please describe the stwveys -Wo—r—izonfal-
conducted including type of visibility in ivater., 2'-3" above Y de th, -�2 �bclow�5.
survey (SCUBA, remote Survey type and
video, etc.) and sui-vey inethods: SCUBA surveillance level survey using a
methods employed, date of 20' tether (due to poor visibility) attached to
work, and survey density 6 separate points on the float or dock piles.
(estimated percentage of the D�ver swain two non -tethered transects
bottom actually viewed). parallel to beach where sand disposal
operations will take place from the dredging
_2pe�aftons-
Describe any limitations Survey personnel:
encountered during the Mark Sites
survey efforts.
Survey density-, Over 70% of disposal site, and over 50%
surrounding the dock.
Survey limitations: Poor -visibility due to turbidity froin Upper
Bay dredging operations and -heavy tug and
Other Inforination: (use
this space to provide -1-2.5" IVILLW ebb tide
additional information or
references to attached maps, Drawing, map, and aerial attached
Caulcrpa Survey Reporting Forin (version 1. 2,10/31/04)
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I
E
Office of the Chief
Regulatory Branch
City of Newport Beach
Attention: Tony Mel -um
P.O. Box 1768
Newport Beach, California 92658-8915
RE: Corps Reference No. 200300184-CJF
Dear Mr. Melum:
This is in reply to your applications dated October 17, 2002, for Department of the Army
Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay,
Newport Beach, Orange County, California. This letter authorizes maintenance dredging at
three sites within Newport Bay (see below).`
City
Site Address
Volume
Area (est.,
Beach
Ocean
Harbor
(Cubic
Square
Disposal
Disposal
Permit #
Yards)
Feet)
175-700
700 Via Lido Nord
150
- 1960
Yes-
No
Supratidal
172-501
501 Via Lido Soud
180
1600
Yes —
No
Supratidal
110-1300
1300-1324 East Bay Ave
450
-3000
Yes-
No
Supratidal
Totals
780
6560 sf
780 cy
0
-2 -
Based on the information you have provided, the Corps of Engineers has determined that
your proposed activity complies with the terms and conditions of Regional General Permit
(RGP) No. 54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Corice J. Farrar of my staff at (213) 452-3296.
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS Governor
CALIFORNIA COASTAL COMMISSION f
South Coast Area Office I
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302/j November 13, 2002
(562)590-5071 j 1
Mr. Tony Melum I l
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consistency Certification CC -078-99 & CC -077-01
Dear Mr. Melum:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or
CC -077-01 for the following sites in the City of Newport Beach:
City Harbor
Permit #
r
Site Address
Beach
Disposal
Qty'
cu. ds
Ocean
Disposal
Qtyt (cu.yds)
Cumulative
Total* for
2002
133-91
91 Linda Isle
0
540
-501
501 ViaLido Sod
180
0
10-1300
1300-1324 East Bav Ave,
450
0
175-700
700 Via Lido Nord
150
0
Sub -total
780
540
Year-to-date total
1 5870
11940
17810
Commission staff have reviewed the information submitted and determined that the above referenced
dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no
further federal consistency review is necessary from the Commission for the dredging and off -shore
disposal components of the projects. In addition, the proposed beach disposal events.have been reviewed
and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development
Permit 5-99-282; as amended. No further review is necessary from the Commission for the beach disposal
components of the projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This
certification is based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time
must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99-
282, as amended, is obtained.
If you have an que ons, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200.
Sincerelu. 11�
r<an :,cnwing %J
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
$ Not to Exceed 20,000 cubic yards per year
AP,
A-1-
N�A
POSTDREDGING
COMPLETION REPORT
The pern-tittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. The post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit. The
post -dredging report shall include the following information for the completed individual
dredging project:
Permit Number: J 7 ��- _6_0
Start Date:
3 Completion Date: /0 S
Total dredge�l material to Beach: /,J'O ca
to Sea (LA3):
Total acreage impacted: 1400 'sq, A/ -
Mode of dredging and transportaticdi, and method and frequency of disposal:
//V 662 ct tt U C. A d' V1 , 4) AQ -e /1 n- _0 X)
Tug�or other vessel logs documenting Mntkt with USCG MSO Ldng Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact: Yes No
Jorm of dredged material: Slurry K E"N Cohesive
Procedure and location where the disposal barge or scow was washed:
A certified report from the dredging site inspector and the captain of any tug or other vessel
used to transport and dispose of dredged material at LA -3 indicating all general and special
permit conditions were met. Any violations of the pern-Lit shall be explained in detail.
All conditioning permits were met: Yes )d No
Post -project surveys of Eelgrass beds potentially affected by the dredging: -,e -e llelkaxS
The post -dredging report shall be signed by a duly authorized representative of the permittee.
The pern-dttee's representative shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
ry f the
properly gather and evaluate the information submitted. Based on my inqui o person or
persons who manage the system, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false informa#on, including the
possibility offine and imprisonmentfor knowing violati _'-7 "��7
Signature
Ng
U
k�vt-i
STATE &FEDERAL AGENCY
DREDGING APPLICATION
Permit No. l77 -�I) /
Payment: LR ;7
Check No: &4 Date:
Page 2
Dredging Application
I, - MO.R k- Si Te_S ,(Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, I, as the applicant shall reimburse the City of
Newport Beach for all attorney's fees and other costs expended by them in defending
any claim, lawsuit, or judgment arising out of the activities of the applicant carried on
under the authority of such permit.
Map-* SMA lzcek t�
Applicant — Please Pr nt
Contractor — Please Print
TI301bz--
Date
Signed: _ L91"::��
Applicant/Agent
Sep 23 02 09:20a MHc;Hpplied Environmental 714 050 4840
MBC SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 501 Via Lido Soud
SAMPLE COLLECTION DATE: 9/16/02
COLLECTED BY: Mark Sites
TEST METHOD: Sieve Analysis:
Method (Plumb 1981)
ANALYSIS START DATE: 9)17102
A B
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample:
671.97 grams (g)
117.53 grams (g)
Analysis Weight (Split Wt):
295.4 g
117.53 g
Visual Description: A dight gray sandy slit with
Gray -brown sand.
some shell hash.
Fraction Fraction
Fraction
Fraction
Weight % of Total
Weight
% of Total
Gravel ! Shell Hash Fraction:
11.16 g 4 %
1.11 g
1 %
>2.Omm (a -1�)
#10 Sieve
Sand Fraction:
261.08 g 88%
116.12 g
99 %
<2,Qmm >0.063mm (< -10 > 40)
4230 Sieve
Silt / Clay Fraction:
23.16 g 6 %
0.30 g
0 %
<0.053mm (< 4 �)
Outline of sample collection and analysis:
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredge
site an¢ r@Qj1v1ng i *a0h, Stored in plastic, nnntainQrS and immfidintPly delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into 1 liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 60°C and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to adesiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter Is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
Th9 dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample, The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt/clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 50°C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
p.4
-iluxmpat �-ontxoi rrotocoA
Page 5 of 8
This policy does not vacate any additional restrictions . on the handling, transport, or disposal of
CaulerPa that may aPply at the time of pemit issuance Or in the futule. It is incumbent upon the
perinittee to cOmPlY with anY other applicable State or'�Federal regulations, restrictiats or changes to
the Protocol that may be in eftt at the time of initiati,o'n of authorized activities,
Caulerpa Survey Reporting Form
..(Version 1.0, September 18, 2001)
r
This form is required to be subnlitted for any survM conducted for the invasivu exotic alga Caule pa
taxifolia thk are required to be WnduCted 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 Cauleepa, Surveys required to he conducted for Us species are subject to modification
ftough publication of revisions to the Caulerpa survey policy. It is incumbent upozi the authonzed
poxmittee to ensure that survey work is following the latest protocols. For Ruther information on
these protocols, please contact: Robert Hofftan, National Mmine Fisheries Service, (562) 980-4043,
or William Paznokas, California Department of Fish & Game, (85 8) 467-4218).
Name:
t Reference:
PerxWt No., RWQCB Order
Xnl
frographic System: (bay,
kr Aux
� Y, lagoon, or L�
cJfic Location:
4) Lat/Lons., dahM4 accuracy,
, affach clectronic survey uea
if pwsibk)
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03/19/2002
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Caul-erga. E.radicatioz in Southenl
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http://Bm.uosd.eduJhcd/ccpvl.htm 03/19/2002
O� SEW POS, �
�m CITY OF NEWPORT BEACH
.j
U Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
P aN\P
December 21, 1993
Morris Smith
501 Via Lido Soud
Newport Beach, CA 92663
Re: Harbor Permit 172-501 for the float bayward of 501 Via Lido
Soud
Dear Mr. Smith:
We have recently processed a maintenance permit for the
reconstruction of the float bayward of the above address. During
the final inspection of that structure, it was noted that a
nonconforming pier existed at the property and its dimensions
exceeded those allowed by the standard drawings of Harbor Permit
Policies, in that it was larger- then the 10 by 14 allowed.
A research of our files indicates that a permit was never pulled to
change the dimension on the pier and the original permit issued for
the structure is attached for your information.
The Marine Department is not taking any action at this point,
however, if any new permits are requested or the property sells
it may be necessary for the pier to be brought into conformance
with the,standard drawings and the permit currently on file.
If you have any questions in this regard, please contact me at
(714) 644-3044.
Sincerely,
Tony Melum
Deputy Director
TM: la
tmmorris.It2
3300 Newport Boulevard, Newport Beach
� 45. ror
r
ORf1NG•E
1 u 47 Q coa•�ir✓
m RNGNOR D C.: t3Ai-eoA D
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�I G li I vrGINITY SKETCH �
II I
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V NEWPORT AY, C^L.IF.
R Of`
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`, �' - - � .5 oun d.�rys .erre expressed in beef .rnd c�F ne�F cfT{�s I
Seo/e /:. f.et Mcg a" "Co we,- w L✓cifer. ii4urim e,•m rrrnyC f
p of tip% o�opt-Oximale/y /Oft U. S.f/ut6ov Cies �zta it
esf¢b1i5hed in Phis .5QCIVCVI of /VC-
av�ar>"
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APPA. ICA t"!t'.'`• �v3
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472-147AIT/C A-7ARIAiA IAIDD /s7"2/L S
-HOMPSM f 9A-TAT'IBNT-INC- R-P$M-AfEB-
1645 Monrovia'Avenue I Costa Mesa, CA 92627
(714) 645-2842 1 Telex 678308 THOMPSON CSMA
Flange w 1 d-th 3'
on all 'l sides
FIGURE 2- FLOATATION UNIT DII-1114SIONS
patent No. 0 270 329
a f �—
Dimensiono
(in)
lfei gfit (lbe)
Buoyancy
(lba )
wit( plywood
in aalt
water
Model
A
B _
C
top coven
per inch
-totsl
1117
60
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16
96
68.95
1,103.2
1118
68
361
20
103
68.95
1,379.0
1119
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973.9
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98
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3,519.8
patent No. 0 270 329
a f �—
2'
xeH� �tK �Irvi�l�l�s ���s .rY
GA. SPInAL SPACING
11', pia. pvc Jet "lube W/ Stool Elbow and to
t5.
at.. oplril an y0' lip. circle.
- 10 - k-" Ola. 270 K firthd
SPECIFICATIONS
CLASIR
CONCREYE: UIX _..r.._GHJ-81126
CONCRETE: &TRE NGTH...,..r_—ter,." 6000 P$16,96 aryl 1 604j PILE SECTION
__11,0194000,P61 G Trtnrt+r - -
9TRAH®_—_.._.._�....., _„.Y0" " 01a. 8a0 K A.6.Y,ivt. A-418
OR. A -C2
AREA OF STEEL _..,r..._- :•i6 Sq•In, X 10 Strands w 1.63 Sq. In.
INITIAL FORCE/STRAND _„__30,760 Ibe. X 10 8trandsd 307.600 lbs.
PRESTRESS FORCE AT
ANCHORAGE ...r.... --,—.W-.307.600 lbs. x .60 Max. Stress Loss -246,000 Ibs.-F-
�' 266 54, rB.ln.T 060 P.S.'^I..BRAWN►
i' .r
CHECKED
�.J'L,. Ir�-�i
F4�K
AUBURN, WA W ILSONVILLE, OR PLEASANTON, CA CHANDLER, AR APPROVED
5.0. NO, 9���
X VARIEa PILE. SECTION DWG, N0.
ARRANGEMENT& DETAIL A07 -PP- X31
SCALE Ngne SHEET
2
TE
50) S()Jd
POSTDREDGING
R,
COMPLETION REPORT
C,
0 11%
The permittee shall send one (1) copy of the post , dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. nae post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit. "The
post-diedging report shall include the following information for the completed individual
dredging project:
1. Permit Number: ./ —72, — YO I
2. Start Date: —Completion Date: –7/6/03
3. Total dredged material to Beach: C-0
to Sea (LA3):
4. Mode f dredging and transportation, and met and frequency of diszDs
,�od al
A& 64�ifi ei (A ti 1-7 C -0 t -t
5. Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip
to the LA -3 ocean disposal site.
USCG Contact: Yes No;
6.' Form of dredged material: Slurry Cohesive
7. Procedure and location where the disposal barge or scow was washed:
/v V4
8. A certified report from the dredging site inspector and thecaptain of any tag or other vessel
used to transport and dispose of dredged material at LA -3 indicating an general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
All conditioning permits were met: Yes r No —.
9. Post -project surveys of Eel ass beds potentially affected by the dredging:
1V0 (,3,Q A �r,
10. The post -dredging report shall be signed by a duly authorized representative of the
permittee. The permittee's representative shall make the following certification:
I certifij tinder penalty of Za7v that this document and all attachments 7vere prepared tinder my
direction or supervision in accordance With a system designed to ensure that qualified personnel
properly gat]-wr and evaluate the infori-nation submitted. Based on my inquiry of the person or
persons ii)ho nianage the systeni, or those directly responsible for gathering the inforniation, the
information submitted is, to the best of iny knOU?Zedge and belief, true, accurate, and complete. I am
a7vare that there are significant penalties for submitting false information, including the possibility of
fine and imprisonmentfor kn07Ving violations.
Signature
'' • � W PART
CITY OF NEWPORT BEACH
�n
v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
c �P
q<i Fo aN
November 15, 1993
Swift Slip
500 30th Street
Newport Beach, CA 92663
Re: Harbor Permit 172-501 for Morris Smith
Dear Pete:
We are in receipt of the application card and drawing for Mr.
Morris Smith's Maintenance Permit. The check accompanying the
drawing was for $40.00 and the Maintenance Fee is $60.00, so we
will need an additional $20.00 to process the permit.
In addition to the above, plan specifications and calculations
must be reviewed by our Public Works Department prior to
construction. During construction you will need to schedule an
inspection by Ray.Garver of our department. Please set that up
with him by calling (714) 644-3044.
If you have any further questions, please contact me at (714) 644-
3044.
Sincerely,
Tony Melum
Deputy Director
TM: la
tmmsmith Atr
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL
IN ACCORDANCE WITH TITLE I QF THE MUNICIPAL CODE.
C11Y HARIBPCOAIMNAVOIFT
PERMIT NO. DATE
Ij-
PEA'.
MU4
G-O"t-sr
Tn 5peC4-1-1117 1_71al 7 3
)A1 L
--ET
OLE ATTACHED SHE
The Harbor Permit for this facility shall be
conditioned to allow berthing of 3 - 58 foot max.
length vessels.
2
2�099xm
6fZ,H0P/ACcUPAESS
RECPOER,40 AS6821
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