Loading...
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 NEWPO" T BEACH tv01,6r P 'm,Wim,=a�CT sf� �S� 10 w iNSTAU. NE11t 8'tc70' W/ 5 -ib" gip, i PALES, INSTALL NEW 3'x24' WO 1 j � � CK �ldS 1148TALL NEW 4x4 CA 4owMLE.AY 4{?� W Y 50r WA L100 SOUd .�0 7 nr� M. OEAeN, aA l I fd t � ow70 9L A - Klock S. fc Alr- I -� HEAP r.` W�ME: C1,11;11111 Ont't o4 �= alit s78w6777 , SSS: VIA UiW Sp1lp4iE: /00 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 CI Y pr NEW4VT BEACH Ili#" •M, �� r pedpos-ack t-�o�� / ^,-6 ke"c,�i M. 501 WA LIDO -TOUR Nk'*PORT $CACN. CA �RP)6s t-. c,, ►l (9�iti 675-6777X95: �(?1 M►A um, SpUp t1llit� Al 14, 6 -- e `03 ace Q 4D,spO57a/ = fU�ac,2Q a CL I 1 1 1 �4. 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 • W— rm 'i. s. .Fty. w1•-• 'rC. IU/J Pq �.� 1 NIT ,qA OCtA e�j x�G �+•oier SCALE I "mllael 1Ql�i 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, �� ..moo rr �.� ..•.. r+w. t / " 0e .4j, e,.�('3 Rc2� I j 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) /.001,xr -i� v kin JA KA xi oil my ...... ... (tj N -z X4, .......... '01 AMIr WZ v > L0 t e, Olson day 7E Ito K U ..................................... 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 a i-qe 10 -,v A�O� 13 pp .... ...... FIE /evil I CAE IF -4 J. low "n. "Moat - &won - ----------- vz; tk, QQ NORXx - if' IN 10; S��_ <91 ado ifs 10 Own PI , AR In 1 I I 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 - h oo l 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 --� 2276 4, couow rrw �... I mw Ta 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 J j I h ff, . : -_-_ it -A --------------- IN /V .41 A I N - --------- (C V�- 1z -m-L zl 7/1 0 0 1�7 YN .01 J r 1'j L/) O/W 3 jo� I If COMSTAL COMNIISSjrjh� EXH I E31T PAGE -j KI Avs JY0dM3N `y zZ-Lb Ov3Hy7n6 ' 1,A09 s 'n VIA � u •o U m ti --(t v is-�� .oc•w ovl vy9 YOddClS Q 3 OVLN70 ,►3 V Z Z' Tc �7m Qcr m 3 as aNc I ti X02, Lnoc, I Y �1 U w O �» m W ci� �zz I o LU U Q CL tn ti d 2 VIA s 6IOCOASip�. COMMI SI w b qa� 7 z 0 6 o aP W4; oP PAGE _J--OF---L-- V I q OI M VIA � u •o U m ti --(t v is-�� .oc•w ovl vy9 YOddClS Q 3 OVLN70 ,►3 V Z Z' Tc �7m Qcr m 3 as aNc I ti X02, Lnoc, I Y �1 U w O �» m W ci� �zz I o LU U Q CL tn ti d 2 VIA s 6IOCOASip�. COMMI SI C �) z EXHIBIT # W4; PAGE _J--OF---L-- V � 7 CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH I WEST UPPER- ep,_ NEWPM O —---------------------� BAY 1 q \\ +13_ _t1J +13 f13 +1.Ia.'iiT♦ NEWPOF7T ~� Q ISLAW �\ PIER(/(,' BAY A Fj C ak" VICINITY/MA— JETTY ICINITY MAP BETTY OCEgN� NfAPOfif B\Y, JET T PROJECT SITE 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. AP BULK HEAD LINE SCALE 1"-30' ELEVATION I SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS EAST BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE JETTY APROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED IN THIS SECTION OF NEWPORT BAY. HARBOR RESOURCES'I CITY OF NEWPORT BIA H 501 VIA LIDO SOLID / r NEWPORT BEACH, CA I`3 J EXISTING PIER TD INSTALL i REMAIN 4• NEW 12' '1- PILE }J INS TAIL GANGWAY " I 70' 0 9x4 PIER :r O` I �:• INSTALL 2 NEW Jir24' 14'-7" 'a �- O �` I �ll GANGWAY °i TJ; r - - C) AS gTYS 0 Z (D c � e;. I :� c' 21 STD D11G I -� �,('✓ I (0 l W rf17C W Lc hti 1� 0. 111 (1)� � PIER HEAD LINE I 1_.1 O INSTALL W W Z - JI 5-18' SO. 0 E-�.v - - e• CCNG PILE o 4' v PRQ.E'CT LINE- O ASTAL COMMISSION EXHIBIT # PAGE0F SITE PLAN SCALE 1"=30' j NAME: CITA LITT JOB ADDRESS: 501 VIA U1 O SOUD DATE 14 NOV 08 TEL- (949) 675-6777 uj r b I I guvs i i i var uaawrd OU '� �Q COASTAL COMMISSION EXHIBIT # PAGE- 2' OF_. uj r b I I guvs a P. m� e Pi \ KY �va ry <1 4 a COASTAL COMMISSION z q�HIE 7 'Lg a� rb S '4 Ln z snivi5 Ilk o �b �va ry <1 4 a COASTAL COMMISSION z q�HIE 7 'Lg a� rb S '4 Ln z snivi5 z a ED A I IF � _ ? ZL t �Ml 1 I ry r 0E �� ti I IF � _ ? ZL t �Ml 1 I ry CNF ti I IF �3Yu� COASTAL COMMISSION EXHIBIT it —3 PAGE OF --d-- 0 3 �3 1 I ry �3Yu� COASTAL COMMISSION EXHIBIT it —3 PAGE OF --d-- 0 3 I Ie \§i _ \s ED - A � � � / |, - COASTAL | , \ q / b • � § .! § � \� |� 4) ,! %` \ � I Ie \§i _ \s ED - A � � � / §! `: COASTALCOMMISSION .- % EXHIBIT # PAGE. 5--OF-5 ' m� < \ - §� § / � ■ ��§Q e u2� . \ . ; 2 E COASTAL I:IIIPIiII uliT r 1 rnu�I1 iL ]4i7 JI :III ITIT��I:151.'� � li � Sfi.M l' 1" "'II�iL•�IIYI� 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 20' ao' VIMNEWPORT BAY \ +13 +13 t13 i3 + °zE p MAND HEWPORr _ .. BAY -1 i0 9 PER — i1 A VICINITY MAP CEN SCALE 1"=30' ELEVATION now+oar �PROJECT 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 4 12" PILE - - INSTALL GANGWAY " 1 70' � 0 _ Q 4x4 PIER - r 49' - 2/ I'" L Qco - .� O _ INSTALL NEW 3"x24' - W LO 2 - GAIJGWAY 0 14'-7'co U) `�-- U AS CITYS - - Z O N .2 ^ �I STD DRC Iw -ln 1n W to (!) �- ��} �pLLI Ca W - PIER HEAD CINE I -� - INSTALL W W Z - - 5-18' CONC PILE ❑ ❑ 4�.- B- _ o 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 A .A. NOD ...... .... V of of AWj 10 1 COASTAL COMMISSION EXHIBIT PAGE OF—,L JY0dM3N ZZ - Lb 0Y3Af.V712e 1,A09 p�g�m _=DN room =`N�= N � az o Q.wz m �Qo �rn.p S %! v a t- LLJ Or � ano'q 00/7 ccyy�� ca ,FA /? O z w .OL - - I ; pf v 1/1 �y m LLl0 1 � iNf N CONAL OOMMI SI EXHIBIT # PAGE_.1—OF._..L-- � ano'q 00/7 VIA ca ,FA /? O z w .OL - - I ; pf Lf) to CNJ Oozi���N�, N N V V 7 Oo Ys - .ta9 N '. .19'98 Odf[N3D YOYy1S 7 .i6 YL � ,►2 O - • - O •+�•si vi - - v 1/1 �y m LLl0 1 � iNf N CONAL OOMMI SI EXHIBIT # PAGE_.1—OF._..L-- � CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH UPPER �-�KY p PIER ExPotir BAY P,q IFjC �l OCE;4NP� akom VICINITY MAP Tter, QST JEW cat 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 STD DRV O _ ` ct3 O m 0+:3 N I W 11� OO -A C /� C p y r-- r Q. g) V i_ � w Urn. IL co U3 U) ap = C w CD -_ PIER HEAD LINE INSTALL LUWz 5-18'so, O ❑.� B_ LONG PILE -�oYw� PRO,CCT LINE 4 C NppN ASTA� CO_ " Is y`�Vlom 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 INSTALL 2 NEW 3 X24' - 14'-7' - m GANGWAY 0 AS CYTYS STD DRV O _ ` ct3 O m 0+:3 N I W 11� OO -A C /� C p y r-- r Q. g) V i_ � w Urn. IL co U3 U) ap = C w CD -_ PIER HEAD LINE INSTALL LUWz 5-18'so, O ❑.� B_ LONG PILE -�oYw� PRO,CCT LINE 4 C NppN ASTA� CO_ " Is y`�Vlom 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 Z 5 IL W F M 1 � { I { I � I I I { I Bill I I I F I I 35 i •a. { I 3r a Os y I � o \y\t4fA • { S d I z 2 -/,�s/r en 3mvxorn - "I �I �I =1 i I I I I I I COASTAL COMMISSIONin a EXHIBIT # 3 g PAGE 2 OF 5 a z �Ln X1scums a 4 o �hj o<+ I% �¢+7j; yy i Egg Egg ��" 2 3 y, g. r 4� L � O o Iku Hi \ rU o w F & A z i Em x a \j JadRAN1hEE s p ol� COASTAL h �hj o<+ I% �¢+7j; yy Egg Egg ��" 2 3 y, g. r 4� L � O o Iku Hi \ rU w F M i K u n of A z i Em x a \j JadRAN1hEE COMMISSION �pg Egg Egg ��" 2 3 y, g. r 4� aQ leis ffi2 es 14 Iku Hi \ rU w F M i K u n of A z i Em x a \j JadRAN1hEE s p COMMISSION Egg Egg ��" 2 y, g. r 4� aQ shI ffi2 es 14 Iku Hi 3 � w F M i K u n of A z i x snlvls COASTAL CHIS T #_ �g PAR GE : COMMISSION Egg Egg ��" y, g. r g � aQ shI ffi2 es 14 Iku Hi F M i K u n of A z i x snlvls i !a!! 4,52 RW 8 - - 8 � �i��'15IC b_Midi ED� _ H aai ��3 1wTH � 't MINI 31 aWBy� a�or � 9 fftg�- F C de COASTAL COMMISSION X21 EXHIBIT # PAGE OF_. 3 P fl Pa_ ah r t, - M a� H >R O W Ln Z - �aca- m rr � w�we - X SflltlLS � � e L Z J I'.= = g e i � � � u n Fid q E7r I[{ 3 � a W 4sz`3 5 a - a` �N E ff n�« x sl �s W a s i !a!! 4,52 RW 8 - - 8 � �i��'15IC b_Midi ED� _ H aai ��3 1wTH � 't MINI 31 aWBy� a�or � 9 fftg�- F C de COASTAL COMMISSION X21 EXHIBIT # PAGE OF_. 3 P fl Pa_ ah r t, - M a� H >R O W Ln Z - �aca- m rr � w�we - X SflltlLS � o e L J I'.= = g � � � u n Fid q E7r I[{ 3 � a 5 a - a` �N E ff n�« x sl i !a!! 4,52 RW 8 - - 8 � �i��'15IC b_Midi ED� _ H aai ��3 1wTH � 't MINI 31 aWBy� a�or � 9 fftg�- F C de COASTAL COMMISSION X21 EXHIBIT # PAGE OF_. 3 P fl Pa_ ah r t, - M a� H >R O W Ln Z - �aca- m rr � w�we - X SflltlLS � o � � � u n 3 5 a - zRi ff n�« ik N a i !a!! 4,52 RW 8 - - 8 � �i��'15IC b_Midi ED� _ H aai ��3 1wTH � 't MINI 31 aWBy� a�or � 9 fftg�- F C de COASTAL COMMISSION X21 EXHIBIT # PAGE OF_. 3 P fl Pa_ ah r t, - M a� H >R O W Ln Z - �aca- m rr � w�we - X SflltlLS 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 S" NEAR LINE 1 - EMSTM I PIER ro LNSTAt1 REMAW 4• NEw L2- 'r L'BE - d1CSTAl1 0. GANGWAY 4x4 PO?v 7W-0 49' 21• a Q E ulQ - R7 INSTALL .w 01 -0 m F- IL co NEW JIX24' 14* -7'1 CL AS CITYS Z 0 Ch C ++ C1 STD D*V ca WWq W tO L [1 `o 04 /R• r T Q 4 c v), Los co CLt au vi V, 0-1 � IN co PAER H&W UNE a) o LNsrAu LLJ L1J f� 8, CONIC' WLE N E]❑ PRal Cr LINE - 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• � W W O 49' 2i' � Q- 4 INSTALL INSTALL 18' SO- 'j 4' GANGWAY CONC. POE - AS LITYS SID D;w T4'-7' 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+ £ I Wim' I W W4I N 001 l 70' SITE PLAN SCALE 1"-10* 2500 vts Qftft Mw*a%, surae 200 san F'e & w CA 90731 73105483132 FM 310 5481924 PIr mi Seniu� eWwn P. P� Yulmu .d t<dadtoot Raatla amm w TR SITE PLAN to s a CRAPMC SCA10LE � w! AS NOTED I ID -21-08 2276 L-1 a�rL g", f 501 ;4', 00Y), �JJG NEWPORT BEACA EULI" HEAD LINE I EA>>AC PIER To , rE UAW I 4 i VSTa./I NEW 1 21 2 Y PILE _ INSTALL GA:"GMAI 4 ME, w f: z E, z 4 fhb A KFY �R r NSTA IS_ 50. 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 ourlL Uy.- lfIU5- 1= 7 DquoolD p, 1jec-4-uU ij;u;:I; 1-8ge 4/4 CITY OF NEW : PORT BEACH NFMPO'T 9FAoi wo, SCALF l"m3ol 507 Vill LIDO SOUD IvEwponr OEA(yf, c", p -M tip— , %% AS WY -q mo an cow— FAr WMF':'6TA mm! If....... . .. ell JI qj�,- --------- ly 01 R -I iel </ I' H- to I- I A f, IA/X1, \fk j;! V wft .13 ff -- -- -------- ......... . Q�4 iv 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) UP Rk Jv y �:. r m A7, � 6 Viair. a �t� IVA Am V z."2 yet AasfS� �iih110 ------------ fl Rk Jv y �:. r m A7, � 6 Viair. a �t� IVA Am V z."2 yet AasfS� �iih110 ------------ N �a AWAll Rk Jv y �:. r m A7, � 6 Viair. a �t� IVA Am V z."2 yet AasfS� �iih110 oerIL f3y. 0IM111101kef" J.FIUP- U4U 3403410 )' uee-e-uu ij:ua; vage 4/4 CITY OF NEWPORT BEACH BEACH fm 0' 111, "- "m tnr A% aA �PROJECT SITE tr MX'11ZUF NOMOM EXMNG MQA'nW 0Mj PUS. INSKIL NEV 8'jc70' 0= W/ 3 -fa- ISO. PILES. INSTALL NEW 3tx24' SM %#XGWAy. INSTALL NEW 4x4 CAMMAY Loix wl zo i' PILE. SCALE low30' Ff EYAMflft SOUND*= AM COV(ESM IN MMt Me 0ENM MMS oupw wm "mm Low WATER. m"Mum Rum OF ift *"XMA7%y 10 FM- IVJMR tACS ARE MAWSHED IN TM SECTION OF NEWPM DAY. 501 WA L100 SOUD WOPORT &E-ACH, CA MIAK 11 pew 10- AYirAdY *SrALL r.? pu GAMMOY P sc" 1%40! LwF- CITA UTT------ TEL- (949) 675-6777 - poo ADOWSS: Sol VIA U00. Soul) I DAM 14 WN 08 —G-AWIM--r— - AS O 40 aw W, PAM WAO UK AVSrAUE -I- fe, sa 4' pftawcr tAvc P sc" 1%40! LwF- CITA UTT------ TEL- (949) 675-6777 - poo ADOWSS: Sol VIA U00. Soul) I DAM 14 WN 08 jj ZZi, 11 Lill Ir i N -611! is, - i4e'i N WOO* Oi qj zN-§ OR -11 13 - L YL v C/ r Y aw Nwmpaer Br:4c. �► 1P2Oj&'C r S17- • % •r - fire'A +.itl /fl�PY' d D.O. ww.(. •✓ "� '+�� ` { y• 0• ~ f O �e doA ti or N'f�• fir. - ♦I�hr M' * riNM1 p •it Ie�1 CE.7 N : V I C I Ili I T Y S KE T C H M�IfI %tP}'y CMS NIwOPoAr SAY CAL IoroRNfA Seurodhys ar• LaxopCSSeaf ,,I oii�r bsiw t 0'0,001'3 be/or► yeah tower Low Wo%r,. pop) ye of /ide OprraRinro%Ij� /Chefoiaor 1ril�y ore e�loblr'�tiod �:� �b:s JerfaN-mf Ne�✓p,e.�. Doi► U/A 30' 9d' Ifr- 4S9 45R { 457 SSG 9S`S _EEL GRASS INSR CT►1v__ 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) as Caukrya Detected; Caularpa is found, p1me ' Wdiately coamet the pemiitfitig InCY PrOject staff and NMFS or FG Parsomel Identified above) http://swr.ucs&edu/hed/ccpvl,btm So I (-)ICA- 41JC) _�(D -6�5 as, CSUlerPa wits found at this site and been contacted on date, 0, CRulerPS was not found at this site. 03/19/2002 :sexiption of Permitted ork: / CI(" 2 scribe briefly the waxk to be iducled at the site under the zbits identified above) l/ scription of Site: Depth range; / n scribe the physical and biolosical %��,j e ®-� aQ X t S r -c -,•L S� �1 �iC didow within the survey area at time of the survey and provide f -v j, �� / 2 C ✓L CcJ r %�� ght into variability, if known,. L Asa provide units for all nurnericai Mtatiw). http;//swr.ucsd.edn/hcd/ccpv l .btoi u'ty:I inantflora:�,� inapt, fauna: 'C species n)&V fL �n#ered: site iption v«ua..A�a •,.uu.�A Vt r17L�4�1t'+Ul _ Page % of ripdon of survey Effort. t{rvey date and e describe the surveys Cted including type of survey time period /,Z3/O Z 1I Q (>t-ew e� �T 'o W *�aC-� �2� t-✓� S U/� Q BA, remote video, etc.} and r methods ervloyed, date 1 / K�2 cvrt vt-e�v e �2 %y of and survey density (estimated A mage of the bottom, actually 1), Desenba auy limitations 3tered during the survey 'Horizontal � visibility in water: Survey type and. �t�ods: vl ecr�e� Q,d1-�i 2.n � / �o x �� tvC)2`k�2�� sr 1qpR6)6 (00 % 0 G 2 -9-,L vl40w4 ;5; b: urvey imitations: http://swr.ucsd.ed.ii/hcd/ccpvl.htm 03/19/2002 t UAALAVL rAVLVUUA Wage S of 8 then Information: 9e this spaeo to provide any didansl hOosmation or references attached materials such as maps, )OA4 etc.) Caulerpa survoy Reporting Foran (version l.f�, 9l181p1) Caul-erga. E.radicatioz in Southenl Iifbmia ! Southwest RepdoaHome Page 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 .•s. I _- O CCRC NA C`�-44, M/Vt f I f 2Oao= V " �I G li I vrGINITY SKETCH � II I � ,6 V NEWPORT AY, C^L.IF. R Of` _ I `, �' - - � .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>" o l I r � H t y/A i,o O S o v.o _ i 13071 - 1 L/ 0 69 /S 'A., i I aI? " � ti A g„5,7 ¢S6 I �j3' 45•� 433 �5? •�5! i �Sa � -g-:�t9 NI � rF j I I I 0 ' 30� 30` 3 30` 1 9O ( 3o, I 3" I 30' ! 3", E .Cx�sr/�� piee \01�41 r PO .rIC�POSC37 IYn llOr � fn :J # ,fix r s r/ ry c Fra.9 r� { NEWf'QF,'T' f3/t Y .I_� J .�. q 1Fj V S. P/EfjN.trAD AIN.FjI - pRo.aos.cn FaG.9T -+► ,io. APPA. ICA t"!t'.'`• �v3 /v.- wFrV5VoP/(aVVrIA s1 "'i 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 36f 16 96 68.95 1,103.2 1118 68 361 20 103 68.95 1,379.0 1119 S"'8 68 _363' X11. 90 68.95----- 973.9 1129 5' 60 10' 1 104 84.06 1,187.6 1130 <,. 72 4a 11 --- 122 -_- 102.74 1,151.2 1131 9'96 98 14 161 190.0i 1,978.8 1230 7? 48 1S 12Q 102,74 1,657.7 1231 x'9698 16 167 140.09 -102.74- --_-2, 2,259.0 1430 72 - 98 23� :195 376.9 1431 X196 48 25 198 140.04 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 c2O " C L IF 60L r!� m .0. D /6 -rOC- A14ILGL, 7", 6 &L 0 c'(-'mjG 4 C 4 )(6, Clqe� Sol -Ts' 4 Xr,, T C' &Z-04kl"G 90,0 cz- 11:2 T'r X 4 Ce16&)"G .0. 10. .0. .01 .0. .0. 0 .0. .0. 501 VIA LIDO 1141-Tf-- kw—_ � rl?C-ArYD PZYWOOV 3A77 770" rA-'N\ � =1 SMITH DOCK q 4 4 yc, zL A z F I lye', dt"Ir tit 0 7 4 14 &-XIST 3')e 0 0' GAIV6 PV.,q Y 710 C--LEIII ,-A 0 1 61, 1 pUqLjr 11WEVIED By WolIKS DEPARTME11T PoA1TaoA1_e?E1L11vG LAyour %0EyCEPTl0%llSTlkKE% / "= /0' 4 �- D AT E sy L BE OC, ---S IN ACcORDA"'F- THF A vvORK SHAL A,-VIONS FOR PUBLIC yqORKS /00 /4r STAt;DARD SPECIFIC 1-g-SPECTIM )?4 AND IS SUWECT "0 CITY -JA.0A CONS-rRUCTIC 1�c 7v p6w/ � for — - -------- -speclFICATIO"s ALI- LLJM,&E-;O 5"Al-L &Lz- IV�2 IGIRAL:)L= -re -R,, PROVICGO -7 L�006L,45 YcIA? OR SE 7-"&712C- 40L=W0 1-00�56:' 1<'1,107S- 0)2' ALL, I-VM&C-R rO 7-0 13L-:-:' FOR APRC-AeA"CC-1 0. ALL LUMSE-2 5144L& &C- PIF&I�,57UteCr C -p- ee�41CZ4)' O.C,0 �ICI=-, ALL &O/W-P 14OLLI-5' rO A 012051-1 COA7- 4 0 3. ALL 14,4/?Dl11,4,ee1"CL(-1011,1C7 80L779, N,41L51 C -U,47 AAIC31-C-15', L -FC -1 -TI-110LL OC- "07- Dll=;' G,4LVAIVIZZFZ�� A-I=Tl-=-,O CA 2, 3 CL719 5,4�4LL V.51-=70 W17-" ALL /VOr-�; 4t- 0 x /2 F-AC114? 4LL -S-7-GG-L- 41v6LLZ-S1 1-::'LA7-C-S 5�-IALL SZ-= 3 A Id CRIE&ING 16&A,1A1Lj9 0 9"O,C. 7�-IA?U 314�" TR&A-TE-L) PLYWOOD 8A757, S,��C 7-/O/\,/ rS-'\N / I/-/ I - DRAWN BY /?S/-/ DATE SCALE 1.9!; NEWPORT BEACH 7 CALJIF J. N. .5' kVl)= T 4, )tvoAl 7-00"9 �A L L ELz- A 5- &)e 14TL4"r1C A44RI14,4 4i L OIQ14COliz 7 47&7D PLYWOOL) 70P. MARINE CONSULTING & DESIGN 'T 71 �A 324 EL MODENA AVENUE NEWPORT BEACH, CA 92663 .714 642 - 2206 SMEET NO� J..EITI J or N a Y6 Z�)L =rej"G co Sl=,A�f IAIG ZZ 4t 9� -v �14 501 VIA LIDO 1141-Tf-- kw—_ � rl?C-ArYD PZYWOOV 3A77 770" rA-'N\ � =1 SMITH DOCK q 4 4 yc, zL A z F I lye', dt"Ir tit 0 7 4 14 &-XIST 3')e 0 0' GAIV6 PV.,q Y 710 C--LEIII ,-A 0 1 61, 1 pUqLjr 11WEVIED By WolIKS DEPARTME11T PoA1TaoA1_e?E1L11vG LAyour %0EyCEPTl0%llSTlkKE% / "= /0' 4 �- D AT E sy L BE OC, ---S IN ACcORDA"'F- THF A vvORK SHAL A,-VIONS FOR PUBLIC yqORKS /00 /4r STAt;DARD SPECIFIC 1-g-SPECTIM )?4 AND IS SUWECT "0 CITY -JA.0A CONS-rRUCTIC 1�c 7v p6w/ � for — - -------- -speclFICATIO"s ALI- LLJM,&E-;O 5"Al-L &Lz- IV�2 IGIRAL:)L= -re -R,, PROVICGO -7 L�006L,45 YcIA? OR SE 7-"&712C- 40L=W0 1-00�56:' 1<'1,107S- 0)2' ALL, I-VM&C-R rO 7-0 13L-:-:' FOR APRC-AeA"CC-1 0. ALL LUMSE-2 5144L& &C- PIF&I�,57UteCr C -p- ee�41CZ4)' O.C,0 �ICI=-, ALL &O/W-P 14OLLI-5' rO A 012051-1 COA7- 4 0 3. ALL 14,4/?Dl11,4,ee1"CL(-1011,1C7 80L779, N,41L51 C -U,47 AAIC31-C-15', L -FC -1 -TI-110LL OC- "07- Dll=;' G,4LVAIVIZZFZ�� A-I=Tl-=-,O CA 2, 3 CL719 5,4�4LL V.51-=70 W17-" ALL /VOr-�; 4t- 0 x /2 F-AC114? 4LL -S-7-GG-L- 41v6LLZ-S1 1-::'LA7-C-S 5�-IALL SZ-= 3 A Id CRIE&ING 16&A,1A1Lj9 0 9"O,C. 7�-IA?U 314�" TR&A-TE-L) PLYWOOD 8A757, S,��C 7-/O/\,/ rS-'\N / I/-/ I - DRAWN BY /?S/-/ DATE SCALE 1.9!; NEWPORT BEACH 7 CALJIF J. N. .5' kVl)= T 4, )tvoAl 7-00"9 �A L L ELz- A 5- &)e 14TL4"r1C A44RI14,4 4i L OIQ14COliz 7 47&7D PLYWOOL) 70P. MARINE CONSULTING & DESIGN 'T 71 �A 324 EL MODENA AVENUE NEWPORT BEACH, CA 92663 .714 642 - 2206 SMEET NO� J..EITI J or N