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HomeMy WebLinkAboutM2013-0010STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY I EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL.COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 August 19, 2013 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DREDGING Dear Mr. Miller: Commission staff has 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 Present Comments Disposal Disposal Total- for 2013 between 15 - 30 Feet Eelgrass Survey Qty* (cu.yds) Qty? (cayds) ofdisposal DatelExpiration'*; footp mt?l Caulerpa Survey DatelE iration't Lido Isle Community 701 Via Lido Soud 155 0 No Eelgrass Survey Association 6/6/2013 (Expires 10/4/2013); Caulerpa Survey 616/13 (Expires 9/4/13 Earl Dexter 1124 —1200 West Bay Avenue 504 0 No Eelgrass Survey 6/10/2013 (Expires 10/8/13); Caulerpa Survey 6/10/13 (Expires 9/8/13 Lido Isle Community 373 — 405 Via Lido Soud 406 0 No Eelgrass Survey Association 6/1012013 (Expires 10/8/13); Caulerpa Survey 6/10/13 (Expires 918/13 Lido Isle Community Dock at Genoa & Via Lido Nord 109 0 No Eelgrass Survey Association 6/6/2013 (Expires 10/4/2013); Caulerpa Survey 6/6/13 (Expires 9/4/13 Sub -total 1174 0 Year-to-date total 8328 0 8328 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 survey. In addition, please note that this authorization shall expire on March 31 2014 and that all authorized work must be completed prior to that date. 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 -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. 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 -031-06 and/or CDP 5-06-117, is obtained. Not to Exceed 1,000 cubic yards per dredging and beach disposal event 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). 11 Caulerpa taxifolia surveys are valid for 90 days from date of survey P p� �F,W p�� June 26, 2013 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 1 -72 --lo( 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. 200501233-13PS) and the Regional Water Quality Control Board General Certification Permit, $77 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 701 Via Lido Soud- Paul Kotas- Linda Isle Community Assoc. 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.newportbeachca.gov/harborresources June 26, 2013 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 1 -72 --lo( 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. 200501233-13PS) and the Regional Water Quality Control Board General Certification Permit, $77 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 701 Via Lido Soud- Paul Kotas- Linda Isle Community Assoc. 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.newportbeachca.gov/harborresources 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 Applicant Name: PC CITY CHECKLIST ! n Project Site Address: -70 1 rY i ca— 9I Applicant address, phone number l Agent & Contractor name, address, phone number (if applicable) ® Project site address Assessor's parcel number ® Dredge site latitude and longitude ® Disposal site: 56 Beach disposal latitude and longitude ❑ Ocean disposal LA -3 I Purpose and final goal of dredging fel 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.) X Area impacted (in acres) If beach disposal, linear feet of affected beach area Dredging and Disposal Operations Schedule Scaled drawings (plan view and cross sectional view) M Site address W 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/ CCe Dredging Application City Checklist Page 2 Location of existing dock structures l 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 ® 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: ® Eelgrass Stamp l Caulerpa Survey ® Survey for Caulerpa within 30' of the entire project area ® Grain Size Analysis 1X7 (1) sample per'/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) Beach disposal: M 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 Project is over (check one box): L 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 $77 made payable to Santa Ana Regional Water Quality Control Board Signed application I Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) CITY OF NEWPORT BEACH PUBLIC- WORKS DEPARTMENT Harbor Resources Division Dredging Application Regional General Permit 54 Corps File No. SPL -2011.00249 -SME CDP 5-06-117-A2 & CC -031-06 Water Board Consistency Permit Applicant Name, Address, Phone Number: I—IC 0 %s%e COM ML,k rly --,50c, 1c,,. -Pic r\ oI�/g 6 7,3—=/71070 ! Vo g ra -rAc H C A 9� Pa l �o + Agent & Contractor Name, Address, Phone Number: Mc,K Sties 9 6 /07 BaxQ A, Is 1"'A C �Z6 6 roject Site Address: 70 r v,� �, o s�U (U*-w 0 C- k. eA redge Site: Latitude Isposal Site: Latitude Beach Disposal 13 Ocean Disposal (LA -3): Latitude 33 31'00"N Assessor's Parcel Number: Longitude Longitude _1 O S 0. v✓� -Q Longitude 117 53'30"W Purpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): P,er^o�e. SarA un er ac)c- Io-- s� provr' A c l e r }- L. -b o g,- i-5) P V v v oA Q r moo r� of Dredging (Hydraulic, Clamshell, Tractor u cn c- Jr"C /d w /-ctc lv✓- 74-0 _5�1oreacj & Captain(s): Dredging Operations Inspector: Disposal Operations Inspector: Su'Ckg7✓vow^ berc C av a Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Cubic Yards Dredged and Disposed (Must be less than 1,OOOcy total): S� Area Impacted (in acres): o,�zy If Beach Disposal, Linear Feet of Affected Beach Area: Fa Estimated Quantity of Material Dredged from or Disposed Onto the Site /n ( j from Previous Activities: Age, p G, t Q I 6-00 Dredging and Disposal Operations Schedule: 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. Uzi Scaled drawings of the project and disposal areas (plan view and cross sectional view) (a Site address Location within the Harbor ,Z Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) 0 Location and physical dimensions of existing structures of existing structures on adjacent properties, Location of Bulkhead, Pierhead, & Project Lines JZ( Dredge depth (limited to -7MLLW with a 1' allowable overdredge) Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass Eelgrass Survey- Completed by a Certified Eelgrass Diver A. Survey for the presence of Eelgrass within 30' of the entire project area (dredge & dispose site) B. If Eelgrass Is within 15' of project area, then the project will not be permitted via RGP 54. C. if ocean disposal: •Any eelgrass must be located greater than 15' from the project area *No further eelgrass monitoring is required D. If beach disposal: elf eelgrass is not present within 30' of the project site then no further monitoring is required. elf eelgrass is present 15'-30' of the project area then pre- and post -monitoring is required. JZi Caulerpa Survey- Completed by Certified Caulerpa Diver •Survey for Caulerpa within 30' of the project area (dredge and disposal sites) �i Grain size analysis •(1) sample per 1/4 acre and/or at least (1) sample at dredge site and (1) sample at beach disposal site elf beach disposal sample must be at least 80% sand ❑ Project is over (check one): )< City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area ❑ Linda Isle owners' approved area Check for $1,690 made payable to City of Newport Beach I_ Check for $77 made payable to Santa Ana Regional Water Quality Control Board Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Dredging is not authorized in certain areas of Newport Bay, including the Rhine Channel, portions of the West Lido Channel, areas west of Newport Boulevard, areas north of Dover Shores, portions of the Bayside Village Marina, Promontory Bay, and portions of the Balboa Yacht Basin. 1,-InAf,KK afi T�.�� (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-A2 & Federal Consistency Certification CC - 031 -06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) 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 March 31, 2014 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 RGP 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 1st Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. and / or Agent Signature Updated January 2013 ,WAM Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 / /�-7 '-%Q/ 944 CH CITY OF NEWPORT ee?0Ari, � 3�0 ^' P,tR •Rye 4 Q 1�cRo� (� yy l.c,W y *� y. 0 7 C `rr Q h I VICINITY SKETCH NiwpORr 5AYA4r6ORNIA y C * J!/:► Ns r + da h nn1 O i' 8400-G k : � zJ! SPUnq'm9s carr eA,pfersete in !ter/ c��d d,►„�,Irr dPplhs helo+v Meow 460vVer Law WQ>A,rl Maxir+�ssrf rcan9e of tld� QPf+TCVK'?MQ1(W/'y IO ✓"mar/ XgrbtJr !•iteS ;M �j % jt l�= . D(pLacMe_ Qre es�oblr'Shad �:� �Ir:s s�c�.o.? of N,ewfvrrr L3aj alal�� �. Dlsbs�.!( j�v-e� z?dosEELCRAS�° S INSPECTION ® Eelgrass within 15' of project ❑ Eelgrass within 15 - 30' of project 2nj ?� sr.x►' 3s.oa� 3�•no�' -1 t area as.00 1Jill Y IIII ' (atgnature I4)1 3 1 LJ 10 -172-6 ! Inspe tion Date Tim® �23 241 25, ,2 / I --� tr 7i `-' 7 t j ► I � .D 3� a� ._.l�r.k",..Y.-�a.r.'� l�:E'�.�.it��.,,.;_I.� I � r�G,dl,�'cs.✓t�� r J -i r Paf G cv i ►t-t�. 7►'Nc.�. c fo v� t ► to tb . S '-1r` ± t roe.f';P'eo.jI I I �r C'Llinc, ` Sw,rn hal I 1 y f 10'.' I -� �► ,,' 1 littl tl ,I r l , LJ t, MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 701 Lido Soud SAMPLE COLLECTION DATE: 6/14/2013 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 17 June 2013 DREDGE SITE Co.r.A. Total Dry Weight of Sample: 316.56 grams (g) Analysis Weight (Split Wt.): 84.36 g Visual Description: A light grey/brown sand with small shell hash/ gravel Fraction Fraction Wei ht % of Total Gravel / Shell Hash Fraction: 1.26 g 1 % >2.0mm (> -1�) #10 Sieve Sand Fraction: 81.599 97% <2.Omm >0.063mm ( < -1� > 4�) #230 Sieve Silt / Clay Fraction: 1.51 g 2% <0.063mm (< 4 0) 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 containers and immediately 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 50°C 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 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 Red Hill Avenue, Costa Mesa, CA 92626 MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 701 Via Lido Soud SAMPLE COLLECTION DATE: 3/21/2013 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 3/25/13 #17 , #18 i Total Dry Weight of Sample: Analysis Weight (Split Wt.): Bo7ga te 126.8s (g) 70. 5 Fill Site 108.60 grams (g) 58.95 g Visual Description: A brown/grey fine sand with A brown/grey fine sand with small shell hash/ small gravel shell hash/ small gravel Fraction Fraction Fraction Fraction Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 2.78 g 4% 1.18 g 2% >2.Omm (> -1�) #10 Sieve Sand Fraction: 66.98 g 96% 57.44 g 97% <2.0mm >0.063mm ( < -1 > 4�) #230 Sieve Silt / Clay Fraction: 0.29 g 0% 0.33 g 1 % <0.063mm (< 4 �) 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 containers and immediately 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 50°C 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 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 slit/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 sift/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 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name:acht Lido Isle YClub, 701 Via Lido Soud, Newport Beach (common reference) Survey Contact:s Mark Site(949) 675-1071 mark1sites@yahoo.com (name, phone, a -mail) Permit Reference: Pending harbor permit for a dock revision and dredging (ACOS Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.682' datum, accuracy level, W117 54.879' attach electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelgrass was found at this site. C�CX No, Eeigrass was n9J found at this site. Description of Dock reconstruction, pile replacement, and dredging. Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +10' MLLW to —9.5' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate Sand to mud over sand type: Temperature: 66 F Salinity: NA Dominant flora: Blue-green algae, Corallina sp. Dominant Mussels and oysters on dock floats and pile. Rays, fauna: Anemone and small bass. Exotic None species encountered: Other site None description notes: Description of Survey Survey date June 6, 2013 1610-1720 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal 34, decreasing with ray activity. visibility in water: Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Reporting Form (April 2009) Survey type SCUBA survey covering the entire project area. and Diver swam three transects parallel to beach north of methods: inside float finger (between dock and beach), four inside slip, and one south of out side finger. Additionally, the areas under the proposed float extensions were further examined by extensive perpendicular transects. Survey personnel: Mark Sites Survey Greater than 60% density: Survey Limited visibility after rays were disturbed. limitations: Other Information: Project drawing and aerial attached. (use this space to provide any additional information or +2.6 flood tide references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) [ -!}i +� �..�:�•� �+�CQ �i ��- : 1 re .f . .�r'_; ` 7� ' 1` ' y ... � do t � rr •., � ,. � l/l Al- YN kp \'�G� .-�_�•.• �� " ( ,fir I • ZL -Tw", T" V VICINITY SKETCH CAI trokNIA X 21 � �i 03� PIS c FO 'All it f n/ A V7' 94 zzzom . , q-p� L -s (-,ov7RA CTOA, 1A "S Caulerpa This form is required to be submitted for any surveys conducted for the invasive exotic alga C `aulet:pa tax�fo is that are required to be conducted ender federal or stag permits and authorizations issued by the US. Army Corps of Engineers or regional Nater Quality Control Boards (legions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identity and control any potential impacts of the authorized actions on the spread of Caulerj;'a, Surveys required to be conducted for this species are subject to modification through publication of revisions to the C'aule�:pa 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 (l OAA fisheries), (562) 980-4043, or William paznokas, California Department of Fish & Game, (858) 467-4218), Rep ort ate® June 7, 2013 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Lido Isle Yacht Club, Till Vasa Lido Soud, Newport Beach (address or common reference) Site Coordinates® N 33 36.582' (UTM, Lat./Long., datura, W 117 54,873' accuracy level, and a2 electronic survey area r -nap or hard copy of the reap est be included) Survey Contact® Mark Sites (949) 675-1071 markIsites@yahoo.corn (name, phone, e-mail) e sonnel Conducting Same Survey (if other than above). (name, prone, e-mail) Permit Reference® Pending harbor permit for dock revision and dredging (ACOP: Pen -nit No., QCB Order or Cert. No.) Is this the first or second First in 2013, fifth overall survey for this project? Yes, Calerpa was found at this site and Detected?. (if C'aaleipa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX Nog Caulerpa was not fund at this above) site. Description of Permitted Work- (describe briefly the Dock reconstruction, pile replacement, and dredging, work to be conducted at the site under the permits identified above) Description of Shaw Depth range.- +10' LL to --9.5' i LLL (describe the physical and Substrate type: Sand tomud over sand biological conditions Within the 7nperatZare." 68 fi, survey area at the time of the l�aaty: �____�., NA survey and provide insight into variability, if known. please Dominantflora: Blue -green algae, Corallina sp. provide units for all numerical infonnation), Dominant, faaun a: Mussels and oysters on dock floats alma pile„ Rays, anemone, small bass exotic .species None W encountered (including any rather C aiderpca species). _ Other site Nome description notes: Description of Sunmy Survey date can June 6, 2013 1610-1720 Effort: time period: (please describe the surveys 7I—o zzontal 4'-3' conducted including type of visibility in water.- ater:survey survey(SCUBA, remote Survey type and Surveillance level SCUBA survey covering video, etc.) and survey inethods: the entire project area, with beach area methods employed, date of viewed di-y, Three underwater transects of work, and survey density the project area were made parallel to the (estimated percentage of the bottom actually viewed). beach north of inside finger, four inside slip, and one south of outside finger. Additionally, area under and around proposed extensions was extensively examined usin transects. Describe any limitations Survey personnel: �perpendicular ark Sites encountered during the survey efforts. Survey density: Greater than 60`%ii Survey limitations: Limited visibility, decreasing with ray activity. Other Information: (use this space to provide project drawing and aerial attached, additional information or +2.6 flood tide references to attached maps, reports, etc.) Taiilerpa,Survey Reportinj po_r r (version 1.7, 10/31/00 w M A / M /., n Q ,. Ak U ,G 4 r Y •�aR aa,� �� O awl su3. H.R,W .� rlcw.vp / /� .- lW VICINITY SKETCH 1fi'7i'r L NriWPo r �wrr H (SAY, CA4 fFORNIA y* r 10rry pp ��jj r w �IhQCT,✓ 1'�4 O U��C ZZ5 Saundrr,9, Ari WAR"e"Od rn f*'" and ainotrt DpplAs belf,ry Mcoo? Lower 4ow h/o��n ,1�9otrm,.re �j ra"gE" arr !+'c% gpprvKrrrrgi-lr /0 44ray. ffc�rl+tar 1ri725 ✓tcl' �n f��'tc�. %ODs��I�= .D�,ZaEM pre esiab/r' he rrh:3 s�c,x.orr or�'N�wpor�` herr SS � y o,izy .�� 4i�Opf b fI � E �µ I /% // 7/� I� ( a L7 11 1 Iy I I z4 It I i .l�f s�vS�d � r I 1 /off �oR,r'eaC.cl t 1 It II t s 1 0�-1 a.i � !ltil 11 tl i y n r %/�rK A e ..� aoQ -ss • 7v/ , .�,� � COV7,qA crra q, /_C)S OA-rez_ ll h , CHECKLOG SUMMARY Credit to #2370-4654 Pier Permits CHECK DATE CHECK # AMOUNT PAYEE 06/18/13 $6,760.00 Mark Sites -Dredging $6,760.00, Page 1 I/ V R KA STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 u' Long Beach, CA 90802-4302 August 19, 2013 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 DREDGING Dear Mr. Miller: Commission staff has 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 Present Comments - Disposal Disposal Totalt for 2013 between 15 - 30 Feet - F.elgrass Survey - Qty*(cu.yds) Qtyr(cu.yds) ofdisposal Date/Expiration*; - footprint?' Caulerpa Survey - Date/Expirationtt - Lido Isle Community 701 Via Lido Soud 155 0 No - Eelgrass Survey Association 6/6/2013 (Expires 10/4/2013); Caulerpa Survey 6/6/13 (Expires 9/4/13 Earl Dexter 1124 -1200 West Bay Avenue 504 0 No Eelgrass Survey 6/10/2013 (Expires 10/8/13); Caulerpa Survey 6/10/13 (Expires 9/8/13 Lido Isle Community 373 — 4.05 Via Lido Soud 406 0 No Eelgrass Survey Association 6/10/2013 (Expires 10/8/13); Caulerpa Survey 6/10/13 (Expires 9/8/13 Lido Isle Community Dock at Genoa & Via Lido Nord 109 0 No Eelgrass Survey Association 6/6/2013 (Expires 10/4/2013); Caulerpa Survey 6/6/13 (Expires 9/4/13 Sub -total 1174 0 Year-to-date total 8328 0 8328 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 survey. In addition, please note that this authorization shall expire on March 31. 2014 and that all authorized work must be completed prior to that date. 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 -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. 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 -031-06 and/or CDP 5-06-117; is obtained. . Not to Exceed 1,000 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 § 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). t Caulerpa taxifolia surveys are valid for 90 days from date of survey Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 2 If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Steve Estes, U.S. Army Corps of Engineers July 18, 2013 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 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, $77 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 hecklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included Dexter -1124-1200 W. Bay Ave. Lido Isle Community Assoc. -373-405 Via Lido Soud Lido Isle Community Assoc. -Dock at Genoa & Via Lido Nord Sincerely, Lisa Warters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 •Website: www.newportbeachca.gov/harborresources IFIRST pock� AM- GOl f\-bct- A Division of SC3 a A `12---/0 Applicant Name: IIARBOR 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 3 m Applicant address, phone number ® Agent & Contractor name, address, phone number (if applicable) ® Project site address D Assessor's parcel number Dredge site latitude and longitude ® Disposal site: ® Beach disposal latitude and longitude ❑ Ocean disposal LA -3 Purpose and final goal of dredging Method of dredging. Vessel and equipment description. Vessel(s) Captain, Dredging & Disposal Inspector 7 Cubic yards dredged and disposed ( must be less than 1,000 cy.) Area impacted (in acres) If beach disposal, :linear feet of affected beach area Dredging and Disposal Operations Schedule ® Scaled drawings (plan view and cross sectional view) ® Site address C1 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 V1 Location of existing dock structures 9 Location of existing dock structures on adjacent properties �l Location of Bulkhead, Pierhead and Project Lines ® Dredge depth (limited to -7 MLLW with a 1' allowable overdraft) l 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 No Eelgrass within 15' of entire project area..Proiect 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: Eelgrass Stamp �I Caulerpa Survey I Survey for Caulerpa within 30' of the entire project area ® Grain Size Analysis ® (1) sample per 1/4 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 Q Project is over (check one box): 0 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 $77 made payable to Santa Ana Regional Water Quality Control Board Cil Signed application ® Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) CITTi''' OF NEWPORT BEACH PUBLIC PUBLIC WORK$ DEPARTMENT harbor Resources Division Dredging Application Regional General Permit 54 Corps File No, SPL -2011 -00249 -SME CDP 5-06-117-A2 & CC -031-06 Water Board Consistency Permit Expires March 31, 2014 ant Name, Address, Phone Number: /—/Gi0 /S e e�Omwl" 7 & Contractor Name, Address, Phone Number- '101 umber: M'1012k 17"IJ po Box 4ag 1VrwP0Qr AFt9�,� � r $-So c /a f/ a Project Site Address: Assessor's Parcel Number: F3 EIZA: Dredge Site: Latitude '710Longitude Disposal Site: Latitude a --�� Longitude n133 3b.7�b Beach Disposal © Ocean Disposal (LA -3): Latitude 33 31'00"N Longitude 117 53'30"W Purpose and Final Goal of Dredging (Effect on Bulkhead and Beaches)., J�ee�e� Sr+�a.i rJesS� �aanc IP1 Qy�e0.5 R -C-5 to r e -J be,, c k Method of Dredging (Hydraulic 701"" f 01 " u /r'L Vessel(s) & Captain(s): Dredging Operations Inspector: Disposal Operations Inspector: mshell, Tractor, etc...): �cc /o►� - Sa.2.s�rearl Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Cubic Yards Dredged and Disposed (Must be less than 1,000cy total): E.L10 i� G Lt ycC s Area Impacted (in acres): If Beach Disposal, Linear Feet of Affected Beach Area: Estimated Quantity of Material Dredged from or Disposed Onto the Site 77 from Previous Activities: RCLC, k roc for d N 00 Dredging and Disposal Operations Schedule: in 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. 13 Scaled drawings of the project and disposal areas (plan view and cross sectional view) ,ff Site address Location within the Harbor Location and physicai.dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) jd Location and physical dimensions of existing structures of existing structures on adjacent properties. f� Location of Bulkhead, Plerhead, & Project Lines Dredge depth (limited to -7MLLW with a 1' allowable overdredge) Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass Eelgrass Survey- Completed by a Certified Eelgrass Diver A. Survey for the presence of Eelgrass within 30' of the entire project area (dredge & dispose site) B• If Eelgrass is within 15' of project area, then the project will not be permitted via RGP 54. C. If ocean disposal: *Any eelgrass must be located greater than 15' from the project area •No further eelgrass monitoring Is required D. If beach disposal: *If eelgrass is not present within 30' of the project site then no further monitoring is required. elf eelgrass Is present 15'-30' of the project area then pre- and post -monitoring is required. j Caulerpa Survey- Completed by Certified Caulerpa Diver •Survey for Caulerpa within 30' of the project area (dredge and disposal sites) Grain size analysis •(1) sample per 1/4 acre and/or at least (1) sample at dredge site and (1) sample at beach disposal site elf beach disposal sample must be at least 80% sand ,I Project is over (check one): ❑ City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) �1 If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area 0 Linda Isle owners' approved area �ZI Check for $1,690 made payable to City of Newport Beach ❑ Check for $77 made payable to Santa Ana Regional Water Quality Control Board Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Dredging is not authorized in certain areas of Newport Bay, Including the Rhine Channel, portions of the West Lido Channel, areas west of Newport Boulevard, areas north of Dover Shores, portions of the Bayside Village Marina, Promontory Bay, and portions of the Balboa Yacht Basin, I, M Art Y, S ► rL S (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-A2 & Federal Consistency Certification 'CC - 031 -06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) 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 March 31, 2014 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 RGP 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 1st Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. Applicant and / or Agent Signature Updated January 2013 Date Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 CITY OF NEWPORT BEACH CITY Or NEWPORT 600UPPER , r lite0) " lMY fr§lW SRN WST VICINITY MRP Jrm MM Jnr, MYON /3vI: Dp'LJJ' ���q/p $77-6 Q7� w ,� cr Q -ire,% f/ EM SOIWINGS FM I EVRESMD IN FEET fel DENOTE — — ELEVRTIONS it ON LOWER LOW WRTER. �ltlBe�r 2a��i� �SpdSa l : 1q7' .�►^ 4d� i,ne� �fJ p us�73 R R4MP%, 4(c cxi � ff c RESOURCES DIV. OF PORT BEACH EEBRASS IN PECTION Eelgrass within 15' project Eelgrass Rhin 15 a 0' of project Nolo 9;01 si hproi ct area Inspection Date & Time flPPLZCRNT`S NAs`tE JOS RODRESS DATE 6Iz0 /r� MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: Genoa & Soud SAMPLE COLLECTION DATE: 6/14/2013 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 17 June 2013 DREDGE SITE C o P- 4-9- Total Dry Weight of Sample: 370.68 grams (g) Analysis Weight (Split Wt.): 48.17 g Visual Description: A dark grey/ black fine sand with small shell hash/ gravel Fraction Fraction Weight % of Total Gravel / Shell Hash Fraction: 0.80 g 2% >2.Omm (> -1�) #10 Sieve Sand Fraction: 47.09 g 98% <2.Omm >0.063mm (< -1� > 4�) #230 Sieve Silt / Clay Fraction: 0.28 g 0.0% <0.063mm (< 4 �) 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 containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, delonized 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 50°C 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 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 Red Hill Avenue, Costa Mesa, CA 92626 MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 383 Via Lido Soud SAMPLE COLLECTION DATE: 3/21/2013 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 3/25/13 #11 n/,G� B to FlII Site Total Dry Weight of Sample: 134.0 gra s (g) 110.51 grams (g) Analysis Weight (Split Wt): 71.01 g 55.70 g Visual Description: A brown/grey fine sand with A brown/grey fine sand with with shell hash/ small gravel shell hash/ small gravel ,�--� Fraction Fraction Fraction Fraction Wei ht % of Total Weight % of Total Gravel / Shell Hash Fraction: 5.38 g 8% 1.34 g 3% >2.Omm (> -10) #10 Sieve Sand Fraction: 65.26 g 92% 54.12 g 97% <2.Omm >0.063mm (< -10 > 4�) #230 Sieve Silt / Clay Fraction: 0.37 g 0% 0.24 g 0% <0.063mm (< 4!N COLLECTION Outline of sample collection and analysis: Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately 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 500C 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 fraction is processed through a # 10 U.S. standard sieve to remove the gravellshell 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 500G. 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 En0onmental Sciences -,-3000-148011111 venue, costs esa, CA 92626 Eelgrass Survey Reporting Form (April 2009) Description of Permitted - Work: (describe briefly the Maintenance dredging and beach restoration. work to be conducted at the site under the permits identified above) Description of Site: Depth range: +7' MLLW to --7.5' MLLW Substrate type: Sand to mud over sand (describe the physical and biological conditions within the Temperature: 68 F - survey area at the time of the Salinity: NA � survey and provide insight into variability, if known. Please Dominant flora: Blue-green algae and Corallina provide units for all numerical information). Dominant fauna: Rays and bass. Exotic species None encountered (including any other Caulerpa species): Other site Found a submerged outboard motor! description notes: Description of Survey Survey date and June 10, 2013 1235-1340 Effort: time period.• (please describe the surveys Horizontal 4' conducted including type of visibility in water: survey (SCUBA, remote Survey type and Surveillance level SCUBA survey with 10 video, etc.) and survey methods: transects perpendicular to the beach in the methods employed, date of area of the west dock, 2 transects parallel to work, and survey density the beach offshore of the disposal site, and (estimated percentage of the three transects parallel to the beach in the bottom actually viewed). area of the east dock, with 4 passes underneath the dock perpendicular to the beach. Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 70% Survey limitations: Visibility reduced by ray activity Other Information: (use this space to provide project drawing, photos, and aerial attached. additional information or +3.5 ebb tide. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) N cL4.; :, 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 RegionalWater 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 late: June 7, 2013 Nance of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Nance: Two Community Association docks at Via Genoa and Via Lido Soud (373®405), Lido Island, Newport Beach (address or common reference) Site Coordinates: N 33 36.710' (UTM, LatJLong., datum, W 117 55.308' accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 6751071 markIsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, email) Permit Reference: ALOE RCDP #54 (ACOS Permit No., RWQCB Order or Cert. No.) - - Is this the first or second. First survey for this project? Was Caulerpa Yes, Caulerpa was Bound at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date® contact NOAA Fisheries or CDFG personnel identified XXL No, Caulerpa was not found at this above) site® Felgrass Survey Reporting Form (April 2009) urvey type nd SCUBA survey swimming 10 transects iethods: :,iperpendicular to the beach in the area of the wesi ii add acts # area surveyed dry at low tide. EM Greater than 70% itations: 11 Visibility reduced by ray activity. 13�1 �F 3 �M M Eelgrass Survey Reporting Form (April 2009) N bly ��i Aa iR <i•f!aa rf f.F Ilk r E easy, [f1 f f I f N5ftW�ti` //R t {t -.1J 1 y, co B ssf...r�r '7 t23 �r A q lawn pq Qu STATE .OF CALIFORNIA NATURAL RESOURCES AGENCY I' -7D— —II I EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COA§T DISTRI`0T oCENED t3y 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 COMMUNITY www.coastal.ca.gov SEP 18 dUe: September 17, 2012 Mr. Fred Barnes, President 5-11-301 701 Via Lido Soud DEVELOPMENT �Z Newport Beach, CA 92663 OP NEWPORT 0�? NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 24, 2012 and was reported to the Commission on Wednesday, September 12, 2012 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, CHARLES LESTER Executive Director C/ By: LILIANA ROMAN Coastal Program Analyst cc: Local Planning Dept. Shellmaker Inc., Attn: Lisa E. Miller, President CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA — THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No.5-11-301 200 Oceangate, Suite 1000 pp Long Beach, CA 90802-4302 Date: August 23, 2012 (562) 590-5071 °• Page 1 of 9 ADMINISTRATIVE PERMIT APPLICANT: Lido Isle Community Association, Attn: Fred Barnes, President DESCRIPTION: Demolish existing 2,104 sq. ft. U-shaped floating dock including existing 9 — 14" diameter support piles and existing gangway; retain existing 2— 10" diameter piles and 12— 12" diameter piles supporting existing pier and modify existing pier to create new ADA sloped walkway supported by existing piles plus one additional 16" diameter "T" pile; replace existing gangway with new 5'x26' gangway; add a second new ADA compliant 4'x38' gangway alongside existing pier including new 6'x8' gangway lobe supported by one new 18" diameter "T" pile; replace floating dock with new 2,690 sq. ft. U-shaped floating dock, supported by 6 — 14" diameter support piles and 5 — 18" diameter piles. Overall, the new dock system square footage will be increased by 790 sq. ft. from 2,952 sq. ft. to 3,742 sq. ft. PROJECT LOCATION: 701 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 12, 9:00 am Caspar Community Center 15051 Caspar Road Caspar, CA 95420 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. 5-111-301 (Lido isle Community Association) Administrative Permit Page 2 of 9 BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF i3ERMIT-EFFECTIVENESSS FROM NIS OFFICE. CHARLES LLB TER Executive; Director By: Lalli arta Roman Title: Coastal Proc�ram Analyst STANDARD CONDITIONS. Notice of Receipt and Acl<nowledgrqent. 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. ii delVelopJrilent miss iiot cO-rr1rref-Iie:UU, the permit will' expire two years from me date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assi nment. 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. 6. 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 si ubject property to the terms and conditions. SPECIAL CONDITIONS: See pages five thru eight. 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. Au I19jion The proposed project site is a boat dock system used by the Lido Isle Community Association and the Lido Isle Yacht Club, and is located bayward of a bayfront lot on Newport Bay at 701 Via Lido Boud on Lido Isle in Newport Beach, Orange County (Exhibits 41.1-2). The City of Newport Beach 5-11'301(Lido Isle Community Association) Administrative Permit Page 3ofQ Land Use Plan (LUP) designates use of the site as mixed-use water related and the proposed project adheres tothis designation. The applicant, Lido Isle Community Association isthe property owner of the land and landside improvements located on the site and leases the water side parcel from City of Newport Beach. The waters in which the proposed pier is located is part of granted public trust tidelands which the City ofNewport Beach |88Sea to the Lido |S|e [|VnnDlunity Association. No improvements to the landside development are proposed as part of this CDP application. The applicant has provided enengineering assessment Ofthe existing se@vvG|KbU|khe@dvvhiCh protects the |andGide development which de9nl8 the ae8Vv8U stable, plumb and sound and concludes that no repairs are needed at this time. The land -side development CoDSiatS of the Lido |S|e Yacht Club facilities, 8 private club for Dl8nnb8[8 of the Lido |o|e Community Association. The docks Onthe water side parcel are used for boating related purposes serving the Lido Isle Yacht Club and the entire Lido Isle. 8 |OCo| vvot8rf[ODt o0[DnlUOih/ park approximately 500 feet east of the project site |e@Se at the intersection of Via Lido 8OUd and Via VVaZier8, provides the DeSnBSt public 8CC8S8 to Newport Bay and public tidelands. The Lido Isle Community Association leases nine other land parcels throughout the small island from the City which they have developed as recreational parks. Access easements over portions of these leased lands provide the general public access to tidelands which ocUOiD the leased p@Fc8|S. The applicant proposes to bring the existing dock system into compliance with ADA regulations and current City and State dock requirements bymodifying the existing pier and completely replacing the floating dock and gangway and constructing a new gangway alongside the existing pier. The proposed design is approximately the 8@Dle as the existing, consisting of "U" shape opening tothe east and access gangways ODthe west center section. The outer new /a0Uthe[D) iDgerfloat section iGproposed tObe4-7feet f8�Project inner docking space allowing for more space for boaters tomaneuver @ndti8-UpinthepnoteCt-- inner dock. Additionally, this outer new (8Outhern) finger float section iSproposed tObe lengthened by3Oextra feet tOallow more boat tie-up space ODthe dock. There are currently 4- 14"square diameter piles i0this finger proposed tVbereplaced by5-18"diameter piles �0nl88t current (�itydock construction p0|iCy\. TheiUD9[(Do�h8[D)f|o8dDgdOCkfiOgeFi8pnOpVSe` to be replaced iOthe same length /114'\and width /O'\ aSthe existing; the 2'14"square diameter piles currently supporting this finger will remain and two new 14" square diameter piles will be added. The east dock he8dwa|ki8proposed to be enlarged from O'tDO'tVmeet City requirements; while the west he8dVva|hiGproposed tObewidened from 8'to 8'DOthe northern end tOprovide adequate floatation tOsupport Gnew ADA compliant gangway. The existing wood pier iSproposed tOb8modified tomeet ADA requirements. {}Dthe north end 0f the pier, existing steps will be replaced with a 27' long ADA ramp supported by the existing seawall oDthe north end and ODthe south end byonew 18"diameter T-pi|8. Existing stairs from the pier to the beach are proposed to he replaced, like for like. The pier is proposed to bewidened from O' t00'tOprovide space for combined wheelchair and pedestrian traffic and 80'X7'O"platform lobe supported by anew 1O"diameter T-pi|ewill b8added tosupport asecond 4'X38'ADAwood gangway alongside existing pie[. The existing 2.1O4sq. ft. floating dock and 748sq. ft. pier and ramp will bereplaced with 8new 2.690 sq. ft. U-shaped concrete floating dock' supported by 6- 14" diameter support piles and 5- 1O"diameter piles and 8Q52sq. ft. pier and ramp. Overall, the new dock system /pi9[.g@DgVv@V �OGt\square footage VVi||increase overall VV8te[coverage by7QOsq. ft. fPDDl2.95`sq. fl.t03.74' sq. ft. (Exhibit � (EXhibit#4). The iOcFeg88 in SqUa[8 footage p[OpO8Sd largely is due to D�d0Ck - 5_ 11 -30 1(>~i1v isle Curilriiunity Association) Administrative Permit Page 4 of g construction regulations and required compliance with the Americans with Disabilities Act (ADA). The proposed dock system does not conform to the U.S. Fier head Line, however, is located in an area of the harbor which the City of Newport Beach allows docks to exceed the Pier Head Line up to the City's Project Line per a Harbor Permit. The site was surveyed for eelgrass and Caulerpa taxilfolia on October 31, 2011. The area surveyed was greater than 75% coverage of bay floor of the project area. No eelgrass or Caulerpa taxilfolia was found within the entire project area (Exhibit ). Therefore, the project would not have any direct eelgrass impacts. These eelgrass and Caulerpa taxilfolia sur-veys are valid for a limited period of time (until the next growing season for eelgrass and 00 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any additional 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. The project has received an approval -in -concept from the City of Newport beach Harbor .°°��99 ,,,. P`"i :. .:.»:a..o., oil €l i..,. .....�L.., �l •'9nh f. 7.P, �.i,. n, r®9.. :4. ir. 4J4 -7n_ -7n4 –sA Plan i-kecl, Slu-6eei d\f�si;iiii i.rVs psi di;.a i'Vii Vii ivVV�iiiVVi V, �V i i V10i uui i–�iiiiiL iii u. s'ri ie–IV i di iia i iciii Iasi ic.�i,ra ivial Imj 1766-2010). The applicant has requested 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 ru mlifir c .,e,,.a........,.d fnrthe (,ranrarnl (,nnri irmnr•r far imnnrtto PPnfnl flch hnhitntc Ihp nrnipct hMs.e. 11— —5..�1m1.1b.d. —...aee..d r®J, received approval from the California Regional Water Quality Control Board (RWQCB). The RWQCE3 has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used and if no waste is discharged from the proposed project. In addition, the National Marine Fisheries Service (NMFS) has reviewed the project and had no comments. 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 heave a certified Local Coastal Program. The ie City of Newport Beach only rias 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. Prig Commission Action 1982: CDP 5®82m218(Lido Isle Community Association) - removal of existing decks and pilings and replacement with new decks and and pilings to repair an existing private boat dock facility. R. Marina- pesources 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. As the existing piles are proposed to be re -used, no soft bottom sediment disturbance will occur as a result of the project. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will riot 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. 5-11-301 (Lido Isle Community Association) Administrative Permit Page 5 of 9 The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program 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. 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. A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. 5-1 1-301(LidoIsle iorni-riunity AsSOciation) Administrative Permit Page 6 of 9 (7) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10)Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11)AII stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12)Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharger! into sanitary or storm sewer systerns. (16)The discharge of any hazardous materials into any receiving waters shall be prohibited. (14)Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (15)Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction - related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the onset of such activity (16)AII BMPs shall be maintained in a functional condition throughout the; duration of construction activity. 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 Meaning and Maintenance Measures: a. In -water topside 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 hi_ills 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. 5-11-301 (Lido Isle Community Association) Administrative Permit Page 7 of 9 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 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, 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. 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 proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. 5-11w3ui(Lido isie Community Association) Administrative Permit Page 3 of 9 B. Post Construction Eellgrass 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 €3 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern CaliforniaiEelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCM' 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. a Pre -construction Cayierna Taxifolia qyLvey A. Not earlier than g® 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 faxilolia. The survey shall include a visual examination of the substrate. Ba 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. Co Within five (6) 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 (366i46im42i 8) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D� If Caulerpa laxifolia 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. taxilolia 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 ) the applicant has revised the project to avoid any contact with C. faxifolia. No revisions to the project shall occur without a Coastal Commission approved 5-11-301 (Lido Isle Community Association) Administrative Permit Page 9 of 9 amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. IMe 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 cz, E XI 1831 T 4, PAGE - ?WJECT I�E ?t r c -_4 s ``l N F NEWPORT BEACH •,o.zz •9.e' PILING, GANGWAYS RAMPS &Q9 gMqyffal SCALE. N.T_S. r AA p EXHIBIT 4 VICINITY MAP N.T.S. PAGE _ . 0F_ NEWPORT BAY,CALIFORNIA NORTH SCOPE OF WORK : REPLACE EXISTING FLOATING DOCK WITH NEW DOCK IN SUBSTANTIALLY THE SAME LOCATION, SEE SECOND SHEET. REPLACE EXISTING PILES WITH FIVE NEW 18'' SO PILES .AND WITH TWO 14" SO PILES. PROVIDE NEW 4'-1" x 38' LONG ADA GANGWAY SUPPORTED BY A NEW 6' x 7'-6" WOOD PLATFORM AT THE UPPER END OVER A NEW 18" SO "T" PILE. INSTALL NEW ADA PATH TO THE LOWER PATIO. BUILD IN PLACE OF EXISTING PIER, 9' x 5' AND 9' x 19' ADA RAMPS SUPPORTED ON NORTH END BY THE EXISTING SEAWALL, IN THE MIDDLE BY AN EXISTING CONCRETE ABUTMENT, AND ON THE SOUTH END BY A NEW 16" SO "T" PILE. REPLACE EXISTING GANGWAY WITH NEW 6' x 26' GANGWAY. I.. _......... ):L-.SPECTION ❑ Eelgrass Wi4,)lr` >' of 701 VIA uoo sono V, I 9 project (N) ADA PATN NEWPORT BEACH, CA 92663 (— ❑ Eelgrass witfliri I �:• 'JI of r0) t TO LOWER PAT1 I yp��1 �(� ���('j r� �j !1 (E) LOWER PATIO L TAY Y-�+^�f ass In p��.)i/:��.± c,T rC'. AOA RAMP— (N) 9' 3' LE`/EL PLATFORM — (N) 9 R 5' LEVEL LANDING (E) REBUILT WO STAIR TO BEACH (N) 9'x 19' ADA RAMP— (N) 2 • 12' 9- PIER WIDENINC— (N) 6' K 7'-6' WD PLATFORM — (N) 1B" CONC T- PILE (E) RE LOCATED 14 SO CONC PILE (N) 4'-1- x 38 GANGWAY (N) TRANSITION PLATE (E) 14' SO GONG PILE TO REMAIN .(N) 6'R 26' GANGWAYTO REPLACE (E) GANGWAY — \� (E) REBUILT WD s' STAIR TO BEACH W (E) CONC ABUTMENT BELOW TO BE EXTENDED FROM 6' TO 9 4 (N) 16- CONC "T' PILE I _ _ (E) PIER TO kF REMAIN AS -IS B2� S 114 0 II (N) REPLACEMENT (E) 14- SO . p 14 50 CONC PILE CONC PILE TO REMAIN - — (E) TOWER TO REMAIN AS -IS SITE PLAN I SCALE: N.T.S. 0-10Y 24'-0- 123'-0' r 234.-8. N APPLICANT'S NAME LIDO ISLE COMMUNITY ASSOCIATION 6l7nature IU I 1( f44g43_.�' I . spection / ate �e \ / I \ / I � / I \ / I 1 _ \ _ BULKHEAD LINE HATCHED AREA _ —�— �IO WI ICATES (N) CONC \� (E) PE LINES FLOATING DOCK TO \ 70 SM DOCK REPLACE (E) FLOATING \ / DOCK SO CONC PILE I (E) SPAM I -- -- PLATFORM I �' I j'� NEIG.v BONING I OOCCS (E) 14' 50 ! GONG PILE TO REMAIN - I I I I CEMENT — • 18 SO CONC PILES PIER HEAO LINE (N) IB- SO CONC PILE PROJECT LINE ti 76' -10 - JOB ADDRESS 701 VIA LIDO SOUD DATE NEWPORT BEACH, CA 92663 09/14/11 IrI NEIGHBORING HOUSE LOT 19 90 TRACT 907 M.B.,8"251 ➢ / 25v NEIGHBORING. V HOUSE V 0 (N) ADA PATH TO LOWER PATIO (E) LOWER PATIO (N) 9' x 5' ADA RAMP— (N) 9'. 3' LEVEL PLATFORM (N)9 x S' LEVEL LANDING (E) REBUILT WO STAIR TO BEACH (N)9'x 19' ro JI° ADA RAMP W _ u.1 PNEf12WIIDENING N PLATFORM 0 (N) i6" CONC T. PILE 1 w (E) RE -LOCATED �+ 14" SQ CONC PILE 1 (N) 4'-7" x 30' - GANGWAY (N) TRANSITION PLATE - (E) 14" so CONC PILE TO REMAIN (N) 6 26 GANGWAY TO REPLACE (E) 10'-10" L/ p cn bi z Q o VIA LIDO SOUR s Q _ > (45, WIDE PUBLIC RIGIHT OF WAY) STA L AC 0 M M 1 1 � .�0F o N N 0 0 701 VIA LIDO SOLID 1 STORY SMOOTH STUCCO BUILDING OUILDING HEIGHT 22BUILDING AREA — .I 7,426 SQUARE FEET NEIGHBORING It- � HOUSE v v - �; � U O DN LU BEACH 9' 0" _ ae (E) REBUILT WD STAIR TO BEACH l (E) coNc ABUTMENT BELOW To BE EXTENDED FROM 6' 70 9 ' • T-ti� (N) 16" CvNC "i PILE ; I' I 7A_ _ _ __ BULKHEAD UNE HATCHED AREA -. \__(E) TIE LINES (E) PIER ' INDICATES (N) CONIC TO SWIM DOCK '-; F 9 REMAIN As -S- IS FLOATING DOCK TO I ?2 REPLACE (E) FLOATING I i 122'-0" DOCK I 114•-0" (N) 94" SO I J ��CONO PILE •r------ —�I .':- I (E) SWIM I o '_j _ I PLATFORM (N) 14 SQLACEMET � (E) 94" SO (E) 14" SO in REPCONC PILO CONC PILE CONC PILE TO REMAIN 70 REMAIN I (E) TOWER TO REMAIN AS -IS D# � ' PIER HEAD LINE _ ftEP CEMEr REPLACEMENT REPLACEMENT REPLACEMENT (N) 18- SO CON PILE CONC PTL£�L/ CONC PILE CONC PILE CONC PILE I_.. ....m......_.z ....,.__ mw.-.,......,._..... - ,,....,� _�, PROJECT LINE,"m.ma. 24'-0" 123'-0" 76'_10" NEWPORT HARBOR (OCE=AN) fAt SITE PLAN SCALE: 1"-20' 01 Ii 1 GOVERNMENT SUU I TRACT NO. 907, A _ IW 12 I� 1� 10. I� Q I DOCKSh`dG DOd(S 1 m �v PROJECT SITE F s BAV VICINITY MAP N.T.S. NEWPORT BAY, CALIFORNIA COASTAL rohqMjjS. tai�j PAGE - Ml VIA LIDO SOLID NEWPORT BEACH. CA 92663 Fps 7\mn— ti BEACH KBEAD ljME HATCHED AFEA INDCA2ES (H) CCN'C P P� 'E �'-�ATING DOCK TO 1"AX _ ( �lp C I rEPL — (E) FLOAT.NG CE svem lE— DASHED UNES INDICATE 'E' FLOATING DOCK TO BE REFLACZD WITH (N) CCNC FLOARNG DO"AS SHOM 04 THIS DRAWNG PlFR lLyq ovE Y L .41",-+rjl PROPOSED DOCK OVER EXISTING DOCK ' SCALE: H.T.S. fA& JAPPLICANT'S NIAME 1JOB ADDRESS 701 VIA LIDO SOLID DATE 1—IDHO ISSLEE CO,\j',Nj',.UNiTV AS:SOCIATIGN 1 , r.C,;\ g�F'� H i-� u n s s u) c i a, t n, IT -do, rnnae GNUAS'I'AL COWIWSSEIG,qi EXFIIBIT PA G E 0 F Typical dafly recreationa9 use Usage during a Regatta or Summer (High) Season COASTAL COINIMISSION EXHIBIT 4 PAGE -f-7- OF CITY OF NEWPORT BEACH F NEWPORT BEACH PILING, GANGWAYS, RAMPS & PIER ELEVATION SCALE: N.T.S. SOUNDINGS ARE IN FEET AND DENOTE DEPTHS 5 —� , `� _.• BELOW MEAN LOWER LOW WATER. MAXIMUM VICINITY MAP RANGE OF TIDE APPROXIMATELY 10 FEET. N.T.S. , HARBOR LINES ARE ESTABLISHED IN THIS NEWPORT BAY, CALIFORNIA NORTH SECTION OF NEWPORT BEACH SCOPE OF WORK : REPLACE EXISTING FLOATING DOCK WITH NEW DOCK IN SUBSTANTIALLY THE SAME LOCATION, SEE SECOND SHEET. REPLACE EXISTING PILES WITH FIVE NEW 18'' SQ PILES AND WITH TWO 14" SQ PILES. PROVIDE NEW 4'-1" x 38' LONG ADA GANGWAY SUPPORTED BY A NEW 6' x 7'-6" WOOD PLATFORM AT THE UPPER END OVER A NEW 18" SQ "T" PILE. INSTALL NEW ADA, PATH TO THE LOWER PATIO. BUILD IN PLACE OF EXISTING PIER, 9' x 5' AND 9' x 19' ADA RAMPS SUPPORTED ON NORTH END BY THE EXISTING SEAWALL, IN THE MIDDLE BY AN EXISTING CONCRETE ABUTMENT, AND ON THE SOUTH END BY A NEW 16" SQ "T" PILE. REPLACE EXISTING GANGWAY WITH- NEW 6' x 26' GANGWAY. EEL.. CP '_ 701 VIA L100 SOLID D Eelgrass wi4))i: Lis of project (N) ADA PATH NEWPORT BEACH, CA 92663 El Eelgrass Witi (irr ; t.•. - 30' of rojmt TO LOWER PATIO -0 (E) LOWER PATIO n rays ir) proi,, .1y Orel (N) 9 . 5' ADA RAMP (N) 9' x 3' LEVEL PLATFORM (N) 9' x 5' LEVEL LANDING (E) REBUILT WD STAIR TO BEACH (N) 9' . 19' ADA RAMP (N) 2' . 12'-9' PIERWIDENING (N) 6'. 7'-6" WO PLATFORM (N) 18" CONC T" PILE (E) RE -LOCATED 14" SO CONC PILE (N) 4'-1" x 38' Y� (N) TRANSITION PLATE (E) 14" 50 CONC PILE TO REMAIN — (N) 6' x 2s GANGWAY TO I REPLACE (E) GANGWAY _ \A (E) REBUILT WD S STAIR TO BEACH (E) CONC ABUTMENT BELOW TO BE E%TENDED FROM 6' TO 9 ' (N) 16" CONC "T" PILE (E) PIER TO P REMAIN AS -IS BII S I• �8•-0'•„ 114'-0" / 14' SO CONC PIL (E) TOWER TO n.l REMAIN AS -IS SITE PLAN o-IoJ z4 -D SCALE: N.T.S. APPLICANT'S NAME : LIDO ISLE COMMUNITY ASSOCIATION J Sfg-nature i �% I l l 1 �f �fu _. � �• spediffi p ate me \ / I BULKHEAD LINE HATCHED AREA \� (E) TIE ONES / IW INDICATES (N) CONC \ TO SWIM DOCK -1 I FLOATING DOCK TO \ / REPLACE (E) FLOATING \ J DOCK (N) 14' SO CONC PILE \ / IT - SWIM B m PLATFORM I ORING 000K5 (E) 14' SO (E) 14" SO CONC PILE CONC PILE TO REMAIN TO REMAIN 123.-0' 234'-8" California PIER HSouth Coa (N) REPLACEMENT 18" 50 CONC PILES ")18" SO APPROVI CONC PILE Permit Na m PROJECT LINE _ s Date..-----1---- JOB ADDRESS : 701 VIA LIDO SOUD DATE NEWPORT BEACH, CA 92663 09/14/11 _ f�ROJE�T SITE x Y c t / 1 t':: F NEWPORT BEACH PILING, GANGWAYS, RAMPS & PIER ELEVATION SCALE: N.T.S. SOUNDINGS ARE IN FEET AND DENOTE DEPTHS 5 —� , `� _.• BELOW MEAN LOWER LOW WATER. MAXIMUM VICINITY MAP RANGE OF TIDE APPROXIMATELY 10 FEET. N.T.S. , HARBOR LINES ARE ESTABLISHED IN THIS NEWPORT BAY, CALIFORNIA NORTH SECTION OF NEWPORT BEACH SCOPE OF WORK : REPLACE EXISTING FLOATING DOCK WITH NEW DOCK IN SUBSTANTIALLY THE SAME LOCATION, SEE SECOND SHEET. REPLACE EXISTING PILES WITH FIVE NEW 18'' SQ PILES AND WITH TWO 14" SQ PILES. PROVIDE NEW 4'-1" x 38' LONG ADA GANGWAY SUPPORTED BY A NEW 6' x 7'-6" WOOD PLATFORM AT THE UPPER END OVER A NEW 18" SQ "T" PILE. INSTALL NEW ADA, PATH TO THE LOWER PATIO. BUILD IN PLACE OF EXISTING PIER, 9' x 5' AND 9' x 19' ADA RAMPS SUPPORTED ON NORTH END BY THE EXISTING SEAWALL, IN THE MIDDLE BY AN EXISTING CONCRETE ABUTMENT, AND ON THE SOUTH END BY A NEW 16" SQ "T" PILE. REPLACE EXISTING GANGWAY WITH- NEW 6' x 26' GANGWAY. EEL.. CP '_ 701 VIA L100 SOLID D Eelgrass wi4))i: Lis of project (N) ADA PATH NEWPORT BEACH, CA 92663 El Eelgrass Witi (irr ; t.•. - 30' of rojmt TO LOWER PATIO -0 (E) LOWER PATIO n rays ir) proi,, .1y Orel (N) 9 . 5' ADA RAMP (N) 9' x 3' LEVEL PLATFORM (N) 9' x 5' LEVEL LANDING (E) REBUILT WD STAIR TO BEACH (N) 9' . 19' ADA RAMP (N) 2' . 12'-9' PIERWIDENING (N) 6'. 7'-6" WO PLATFORM (N) 18" CONC T" PILE (E) RE -LOCATED 14" SO CONC PILE (N) 4'-1" x 38' Y� (N) TRANSITION PLATE (E) 14" 50 CONC PILE TO REMAIN — (N) 6' x 2s GANGWAY TO I REPLACE (E) GANGWAY _ \A (E) REBUILT WD S STAIR TO BEACH (E) CONC ABUTMENT BELOW TO BE E%TENDED FROM 6' TO 9 ' (N) 16" CONC "T" PILE (E) PIER TO P REMAIN AS -IS BII S I• �8•-0'•„ 114'-0" / 14' SO CONC PIL (E) TOWER TO n.l REMAIN AS -IS SITE PLAN o-IoJ z4 -D SCALE: N.T.S. APPLICANT'S NAME : LIDO ISLE COMMUNITY ASSOCIATION J Sfg-nature i �% I l l 1 �f �fu _. � �• spediffi p ate me \ / I BULKHEAD LINE HATCHED AREA \� (E) TIE ONES / IW INDICATES (N) CONC \ TO SWIM DOCK -1 I FLOATING DOCK TO \ / REPLACE (E) FLOATING \ J DOCK (N) 14' SO CONC PILE \ / IT - SWIM B m PLATFORM I ORING 000K5 (E) 14' SO (E) 14" SO CONC PILE CONC PILE TO REMAIN TO REMAIN 123.-0' 234'-8" California PIER HSouth Coa (N) REPLACEMENT 18" 50 CONC PILES ")18" SO APPROVI CONC PILE Permit Na m PROJECT LINE _ s Date..-----1---- JOB ADDRESS : 701 VIA LIDO SOUD DATE NEWPORT BEACH, CA 92663 09/14/11 Sent By: Shellmaker Inc; Regulatory Division Fred Barnes Lido Isle Community 701 Via Lido Soud Newport Beach, Cali] 949 5485315 ; Feb -21-13 14:02; Page 4/4 DEPARTMENT OF THE ARMY Lo$ ANGELES DISTRICT CORPS OF ENGINEERS l06 ANGELI=S. C,/ILIFORNIA 80053-2325 92663 February 19, 2013 Dear Mr. Barnes: Reference is made to i your request (Corps File No. SPL -2012 -00709 -SME), dated September 24, 2012, for a Department of the Army (DA) authorization to construct the Lido Isle Community Association Boat Dock Iteplacement Project. Under the provisions of section. 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code ((JSC) 403), you are hereby authorized to conduct the work describelow within Newport Bay in the city of Newport Beach, Orange County, California, as s awn on the attached Figures 1-2. Specifically, you are authorized to conduct the following regulated activities: 1. Remove an existing, 2,104 -square -foot u -shaped floating dock (Figures 3-6); 2. Remove nine existing, 14 -inch diameter concrete support piles (Figures 3-6); 3. Remove an existing, 4 -foot by 24 -foot gangway (Figures 3-6); 4. Retain two existing, 10 -inch diameter concrete piles and 12 existing, 12 -inch diameter concrete piles s porting the existing pier (Figures 3-6); 5. Modify the existing pier to create a new Americans with Disabilities Act (ADA) - compliant sloped walkway supported by existing piles (Figures 3-6); 6. Install one, 16 ch diameter concrete "T" pile on the modified pier (Figures 3-6); 7. install a new, 5 foot by 26 -foot gangway (Figures 3-6); 8. Install a se;et new, ADA -compliant 4 -foot by 38 -foot gangway alongside the existing pier with a new 6 -foot by 8 -foot gangway lobe (Figures 3-6); 9. Install one new 18 -inch diameter concrete "T" pile (Figures 3-6); 10. Install a new, 2 690 -square -foot u -std concrete floating dock (Figures 3-6); and 11. Install six new, 14 -inch concrete support piles and five new, 18 -inch diameter concrete piles to suppo the proposed floating dock (Figures 3-6). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indip g that hesbe agrees to the work as described and will comply with all conditions. One of the signed copies of this LOP must be returned to the Corps of Engineers. in addition, please use two attached pages to notify this office as to the dates or commencement (within 10 days prior the start of construction) and completion of the activity (within 10 days following the end of construction). Sent By: Shellmaker Inc; i` 949 5485315 ; y.t[IN�f,• Water Boards i Santa Ana Regional Water I Uality Control Board February 8, 2013 Fred Barnes Lido island Community association 701 Via Lido Sound i Newport Beach CA, 9263 Feb -21-13 14:01; Page 2/4 .b 4.� 11� l�Y � fl1. r, ..C,. F{i,l?n•u,.l: C/o Shellmaker Inc. she l}m.aker rbc lobal, et CLEAN WATER ACT ECTION 401 WATERASSOCIATION FLOAT REPLACEME11tT QUALITY STANDARDS CERTIFICATION FOR THE LIDO ISLAN COMMUNITY PROJECT, ORANGE, ALIFORNIA► (ALOE REFERENCE Pending) (SARWOCS PROJECT NO. 342012 31) Dear Mr. Barnes: On SeP tefnber 27, 201 , we received an application for Clean HVater Act Section 401 1Nater ject Qualify Standards Cert fication ekInc. n�yupgrade the existing Lido islan Comm ntYAssociation (LCA) muftiussdockg facility b in the s, and adding DA acceSS replacing and relocatino existing (loans and his► letter espond �o your request forecertifi certification City of Newport Beach grange County, application below, that the proposed Proj ct, described in youeWater Quality Cont of Planfor hie Sanll ta with State water quali standards outlined in th Ana River Basin (199 ) (Basin Plan) and subsequent Basin Plan amendments: Project Description: Replace floating dock 'ith new dock if � substantially he carne location as the existing facility. Replace existrnig Piles with five newisting pier square concrete bulkhead. piles Cons two new all Square concrete piles -1 Modify and widen 9 P new 4'-1" x 38' gang ay, to provide ADA access from pier to floating docks, and Tx 7'-6" wood platform over a new 18" "T„ pile- Replace existing 6' x 26' gangway from pier to floating dock. Other project features landward of the bulkhead include ADA access ramps and a single new sup orting 16" "T' pile. The work will take pi lce within Section 34 of Township 6 South, Range 10 West, of the U.S. Geological Survey N4wport Beach, CA quadrangle map (33'36,582' N/ -1170 54. 879'W). �7 T1 MIA— Si A�.a.f Stlq. H,rorg.ou. (:A ,�2iC� wur� walgrog+v rax �d {+ov: ;dnta��a Sent By: Shellmaker Inc; 949 5485315 ; Feb -21-13 14:01; Page 1 SHELLMAKER INC. 837 'West 17th Street Costa Mesa, CA 92627 (949) 548-5389 FAX TRANSMITTAL Company: 6/c"Lec- ©ate: r ax Number: -7 Z 3 0 Attention:4 � ,�f Sent By: - Fax Number (949) 5485315 This transmiosioni contains ��,�,� pages including. this cover sheet ___ t-14 / (-.(S L- - ? n 12- Kefu -I-or>/ L�DU IneffaM Worksheet for Combo Building & Solar Permit Application r Comm'1 F Residential City of Newport Beach - Building Division NOTE PLAN CHECK FEES DUE AT TIME OF SUBMITTAL EBuilding F Grading [7Drainage f_. Elec Mech [7, Plum Cu Yd Cut Project Address (Not mailing address) Flood (u1 Fire [7i Liq [7,1'Landslide �( 50vZ) Description of Work Cu Yd Fill F7 r7,N/A Floor Suite No F77 F77 p ��Const TypeFV4�Use � tj P- 5 # Stories # Units (if Res) Va uation $ New/Add SF Remodel SF Garage/New/Add Material/Labor ;2S 000 OWNER'S NAME Last v/ 1� ,.-. ,/ 4 "&P,0+T /�$SGJ First _ -- ... y ._ --- ___...-! Owner's Address Owner's E-mail Address `%D % ----- --------------------------- 30/3 y�TgS� �o�bRuiv,v. !may ---- -f� E i State P I Zi Tele hone y� 7 3 3 city I�vP�, I -- p . q.�G� 3..._ p 1 APPLICANT'S NAME Last F T� k) 1 First g�v� I Applicant's Address 1d03-3 &L-54 C14t c44 /d — /0`7 City wd�tiYW,0 f�� State Fa Applicant's E-mail Address �F ij5;07vP&�r4ATtfLi V- til 7 Zip Telephone 7/Y Sq -6ct! ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address _-- _ __-- _---- __ ------ 1-1 City State Architect/Designer's E-mail Address Zip Telephone �vop ENGINEER'S NAME Last j3Lvr-- LJMLTi� First Lic No. !Sia Icj Engineer's Address 2 570 U1,0G�lLCr� 1i1-irr� 1 a� -- - - City t�� . State .�- _. Engineer's E-mail Address VVii)iu $LUPW9T6,t fITP&P-0 C0 Zip -10 7 Telephone 3/8 5_t/8 3 / 3 y CONTRACTOR'S NAME/COMPANY© � 5140- H4,e1P, Lic. No. / 2 72 Class Contractor's Address -_--- City -U/J i ra��r7`��N - - State FT__. SETBACKS REAR SETBACKS LEFT SETBACKS FRONT SETBACKS RIGHT Contractor's E-mail Address Q �FE� Tei �i nt�GTfi/Ln�l�► N.� 7_' Zip ��y Telephone %/ r yo/ ^� 7901> ��cL I- _ 7._. 71L 943.6i9 PERMIT NO. PLAN CHECK NO. 9 •� 2 USE ZONE DEVELOPMENT NO PLAN CHECK FEES $ HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replace existing floats with new floats moved to project line. Replace existing piles with five new 18 " piles and two new 14" piles. Provide new 4'1 x38' ADA gangway; ADA pathway to new 6'x8' gangway lobe supported by 1-18" piles. Modify pier to create ADA sloped walkway supported by a 16" "T" pile. Replace existing gangway with new 5'x26' Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must he sianed by annlicant nrinr to final annrnval_ 701 Via Lido Soud Legal Description: Harbor Permit Number: 172-701 Plan Check Number: 1766-2010 Applicant: Lido Isle Community Association lApplicant's Mailing Address: 701 Via Lido Soud, Newport Beach, CA 92663 1 Phone Number: 949-673-6170 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. Page 1 of 2 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Q 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: Q Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach_. See attached Special Conditions. Shannon Levin, Harbor Resources November 9, 2011 Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Walters, Lisa From: Lisa [shellmaker@sbcglobal.net] Sent: Thursday, December 08, 2011 4:55 PM To: Michael Ormerod Cc: Walters, Lisa Subject: Re: Harbor Permit 172-701 Lisa, they actually have not changed again but the one that you stamped in November matches this description not the one one the sheet. Carter handled this and must have just missed it. Sent from my iPhone On Dec 8, 2011, at 3:50 PM, Michael Ormerod <ormikerod@yahoo.com> wrote: Hi Lisa, Lisa, asked me to rewrite the general description for the above permit (Plan Check Number 1766-2010). The plans have changed again. Can you please change this and send us a copy? Replace (E) floats with (N) floats; move floats to project line. Replace (E) piles with 5 new 18" and 2 new Iz piles. Relocate 3 14" piles. Replace (E) gangway with new 5'x 26' wood gangway. Modify pier to create AD sloped walkway supported by new 16" T -pile. New ADA gangway supported by new 18" T -pile. I have worked out the numbers for the proposed project at Josh Slocum's. I will send you the information tomorrow. Thank You! Mike Shellmaker 1 C SHELLMAK..:.I.N.C. $37 W.Qst '� .Trt Costa. Mesa, CA62 (949) 545.6359 FAX TRANSMITTAL Company: p, Attention: Fax Number Sent By: s Fax Number 1(949) 548»3315 This transmission contains_ pages including his cover sheet. sa�mlIDeza�s�7a,��s, �,,f��smCststsasa�gagm�ssmos�s�tpm��q�p�1w�� r�a���m�aq�R�otm��s C! IIr ---- abed !04:iV W6-000 ` SWSOVS 6b6 !OUI JO--'iemTTaUS :AS TuaS HARBOR RESOURCES DIVISION ' 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replace existing floats with new floats in substantially the same location. Replace existing piles with five new 18 " piles and two new 14" piles. Provide new 4x80' ADA gangway; ADA pathway to new 6'x8' gangway lobe supported by 2-18" piles. New 6'x9.5' latform for ADA access supported by a 14" "T" pile. Replace existing gangway with new 5'x26' gangway. - Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. 701 Via Lido Soud Legal Description: Harbor Permit Number: 172-701 Plan Check Number: 1766-2010 Applicant: Lido Isle Community Association Applicant's Mailing Address: 701 Via Lido Soud, Newport Beach, CA 92663 Phone Number: 949-673-6170 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. Page 1 of 2 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Q 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: Q Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration_ (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance _ of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Shion,Levin, Harbor Resources November 9, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 PILING, GANGWAYS, RAMPS & PIER ELEVATION SCALE: N.T.S. - spi SOUNDINGS ARE IN FEET AND DENOTE DEPTHS BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE APPROXIMATELY 10 FEET. VICINITY MAP N.T_S. „ HARBOR LINES ARE ESTABLISHED IN THIS NEWPORT BAY, CALIFORNIA NORTH SECTION OF NEWPORT BEACH SCOPE OF WORK : REPLACE EXISTING FLOATING DOCK WITH NEW DOCK IN SUBSTANTIALLY THE SAME LOCATION, SEE SECOND SHEET. REPLACE EXISTING PILES WITH FIVE NEW 18" SQ PILES AND WITH TWO 14" SO PILES. PROVIDE NEW 4'-1" x 38' LONG ADA GANGWAY SUPPORTED BY A NEW 6' x 7'-6" WOOD PLATFORM AT THE UPPER END OVER A NEW 18" SO "T" PILE. INSTALL NEW ADA PATH TO THE LOWER PATIO. BUILD IN PLACE OF EXISTING PIER', 9' x 5' AND 9' x 19' ADA RAMPS SUPPORTED ON NORTH END BY THE EXISTING SEAWALL, IN THE MIDDLE BY AN EXISTING CONCRETE ABUTMENT, AND ON THE SOUTH END BY A NEW 16" SO "T" PILE. REPLACE EXISTING GANGWAY WITH NEW 6' x 26' GANGWAY.EEL BIAS INSPECTION 701 wa LIDO SOLID ® Eelgrass within 15' afi_proj_ :t. NEWPORT BEACH, CA 92663 �o LOWIAER FA71D E �O �E�e(lg�r�ass within 15 - 30' of roJg�t (E) LOWER PATIO - - C�YJV a --grass in project are (N) 9'. S' /�^ Ia ADA RAMP (N) 9' x 3' LEVEL PLATFORM (N) 9'. 5' LEVEL LANDING (E) REBUILT WD STAIR TO BEACH (N) 9'.19 - - ADA RAMP (N) 2'.12'-9- PIER WIDENING - (N) 6. x 7,_G" WO PLATFORM (N) 18" CONIC T" PILE (E) RE LOCATED 14" 50 CONIC PILE - (N) 4'-1" x 38' (N) TRANSITION - PLATE CONIC PILE TO REMAIN (N) 6•.26' GANGWAY TO REPLACE (E). L_ - _ _ \F (E) REBUILT WD 8 STAIR TO BEACH (E)GONG ABUTMENT BELOW TO BE EXTENDED FROM 6' TO 9 L_ - _ (N) 16" CONIC 'T' PILE (E) PIER TO - I1,� p REMAIN AS -IS - - B22 3 a)7 9'B SITE PLAN o -1D" za-o SCALE: N.T.S. fAt` R� Signature If Inspection Date & Tji \ / I BULKHEAD LINE HATCHED .AREA (E) TIE LINES / INDICATES (N)'GONG \ TO SWAM DOCK FLOATING DOCK TO REPLACE (E) FLOATING -DOCK 4 (N)14' SO GONG PILE \ / (E) SWIM - PLATFORM I �(N) REPLACEMENT (E) ib" 50 �(E) 74' S0 14'• SO CONIC PILE GONG PILE CONC PILE - - TO REMAIN TO REMAIN. - - - �E) TOWER TO - REMAIN AS -IS - - - -(N) REPLACEMENT - 18" SO CONC PILES - APPLICANT'S NAME LIDO ISLE COMMUNITY ASSOCIATION 123_-0" 234'-B" 1 1 PIER HEAD LINE - I (N) 18. -SO GONG PILE I _PROJECT LINE JOB 'ADDRESS 701 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEK SORiNG DOCKS DATE : 09/14/11 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions November 9, 2011 701 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. Shannon Levin, Harbor Resources Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name Page 2 of 2 Date Date Date Please print 3 copies Worksheet for Building Combo Permit Application City of Newport Beach - Building Department FBuilding F- Grading '"'Drainage f— Elec F 1. Project Address (Not mailing address) 701 �0 Lit00,9001) Tenant Name(if Applicable) 1. -TU-nits (if Residential) 2. Description of Work Use 1_3 9' tZEPt Rc� F�oais - irP�ac� p��E� - �1Et�i AAA Ldiq - tc0id4WA t_o ,..._.._ - k�f-ACFCzRM.._.- .A.tiL_EA?..E3__c.o_�� .............. _ Valuation$ Exist House SF Demo House SF Add/Reconstruct House SF -- Exist Gar SF t(r Demo Garage SF Add/Reconstruct Garage SF #Stories TOTAL HOUSE SF Cu Yd Cut[77 New Add Alter Demo TOTAL GARAGE SF Cu Yd Fill [77 Check Appropriate rsox Tor H ucant (-" 3. Owner's Name Last LEDD / "L E0- O mmol)firs AS SO Gl AT. -I Owner's Address Owner's E-mail Address ----- ............ . ............... City 4 q 1JEwPokT Ef?cN._ State ._C Zip ga(�b3 Telephone �1,73 4,: 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address - ........... City StateF777 Zip Telephone ......_ _............................ 5. Engineer's Name Last BLC)E� � pES .'First �,T,,)P Lic. No. _... sDDIC� Engineer's Address Engineer's E-mail Address ............ ..................................... _ ... .... ............ . City S'F},� �p State C�} Zip �� 73 Telephone 3/D 8_ 3 .30�- - ...._..._.__ - ._ _...__ .. ............... Contractor's Address � p3 112774 GREET. _._..... _...___ ..._ E State City ME ..........................................S..................... ; GA �i ij ......... OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1/18/07 ELEC/MECH/PLUM P/C Lic. No. Sial �i3 . E-mail Address Kerte s b c,,q (oba-I • ne Telephonel9tqq PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ 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: November 6, 2011 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (address or common reference) Site Coordinates: N 33 36.582' (UTM, Lat./Long., datum, W 117 54.879' accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: Pending harbor permit for dock revision (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second Second survey for this project? 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 XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the Dock reconstruction and pile replacement work to be conducted at the site under the permits identified above) Description of Site: Depth range: +10' MLLW to —9.5' MLLW Substrate type: Sand to mud over sand (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 63 F Salinity: NA Dominant flora: None provide units for all numerical information). Dominant fauna.- Mussels on dock floats and pile Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and October 31, 2011 1440-1610 Effort: time period: (please describe the surveys Horizontal 2' conducted including type of visibility in water: 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: Surveillance level SCUBA survey covering the entire project area, with beach area viewed dry. Three underwater transects were made parallel to the beach. Area under and around existing dock and proposed extensions was surveyed using 10 parallel transects perpendicular to the shoreline. Due to poor visibility, diver was guided from the surface via tether. Survey personnel: Mark Sites assisted by Mary Price Describe any limitations encountered during the survey efforts. Survey density: Greater than 20% Survey limitations: Poor underwater visibility due to extensive dredging and pile driving activities nearby (Rhine Channelproject) Other Information: (use this space to provide Project drawing and aerial attached. additional information or +4.3' MLLW ebb tide references to attached maps, reports, etc.) Caulerpa Survey Keporting Form (version 1.2, 10/31/04) Z' It INS/ j jti .... .. .... . j I E-A - i` f r �1„ I 6A JX NN 0 VNl ".'(3 q OR 'D/.j 0 ei hi it Z' It INS/ j jti .... .. .... . j I E-A - i` f r �1„ I 6A JX NN 0 VNl ".'(3 q OR 'D/.j 0 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: Lido Isle Yacht Club, 701 Via Lido Soud, NewportBeach (common reference) I ipurvey C =ntact: Mark Sites (949) 675-1071 marklsites@yahoo.com 10 (name, phone, e-mafl) Permit Reference: Pending harbor permit for a dock revision (ACOE Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.582' datum, accuracy level, W1 17 54.879' attach electronic survey larea map if possible) Eelgrass ;ted: �1 Yes, Eelgrass was found at this sites No, Eellgrass was not found at this site. Eelgrass Survey Reporting Form (April 2009) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Depth range: +10'MLLW to —9.5'MLLW Substrate 11 Sand to mud over sand emperature:11 63 IF linity: 11 NA Dominant flora: Dominant on dock floats and pile. fauna: IlMussels Exotic IINone Horizontal Z visibility in water: Eelgrass Survey Reporting Form (April 2009) IN Survey type SCUBA survey covering the entire project area. — and Diver swam three transects parallel to beach. Area methods: under and around dock floats and proposed extensions was surveyed with ten parallel transects perpendicular to shoreline. Due to poor visibility, diver was guided from the surface via tether. Survey personnel: Mark Sites assisted by Mary Price Survey Greater than 20% density: purvey e limitations: �driving visibilityZ� Poor visibility due to extensive dredging and pile extensive Fri activities nearby (Rhine Channel project). Other Information. Project drawing and aerial attached. (use this space to provide any additional 4.3'MLLW ebb tide information or references to attached materials such as maps, reports, etc.) BO Eelgrass Survey Reporting Form (April 2009) Ar mot A V .4 - in iv, _q f`J & -Mi s - t A T -4i) 10 —Af XA "I -- ASS, ON 0 IRV S 6 IlkV. 0 I LN tt •n ll9 X lots, Ar mot A V .4 - in iv, _q f`J & -Mi s - t A T -4i) 10 —Af XA "I -- ASS, ON 0 IRV S 6 IlkV. 0 I LN MI QI/I Alp 0 tt •n ll9 MI QI/I Alp 0 This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that -are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858 -467 -4218 - Hydrographic System. Lower Newport Harbor (bay, estuary, lagoon, or harbor) I Specific Location: (UTM, Lat./Long., datum, accuracy level, attach electronic survey area map if possible) N� � � Q I ft"M lw� I Yes, Eelgrass was found at this site, was not found at this site. Eelgrass Survey Reporting Form (April 2009) Description of Site, (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey Depth range: +10'MLLW to —9.5'MLLW Substrate 11 Sand to mud over sand emperature:11 63 F salinity: N� Dominant flora: Dominant - [None DominantMussels on dock floats and pile. fauna: 1� encountered: L- Horizontal21 visibility in 11 Eelgrass Survey Reporting Form (April 2009) 6 Other Information: Project drawing and aerial attached. (use this space to provide any additional 4.3'MLLW ebb tide information or references to attached materials such as maps, reports, etc.) I Eelgrass Survey Reporting Form (April 2009) Survey type SCUBA survey covering the entire project area. and Diver swam three transects parallel to beach. Area methods: under and around dock floats and proposed extensions was surveyed with ten parallel transects perpendicular to shoreline. Due to poor visibility, L ----------------------- J diver was guided from the surface via tether. Survey personnel: Mark Sites assisted by Mary Price E:==density: Survey greater than �200%1o������ rlimitatyions- I Poor visibility due to extensive dredging and pile �driving activities nearby (Rhine Channel project). Other Information: Project drawing and aerial attached. (use this space to provide any additional 4.3'MLLW ebb tide information or references to attached materials such as maps, reports, etc.) I Eelgrass Survey Reporting Form (April 2009) ;� �} N ��- �. � ] , ° }, � ! � t ai -� -� � ._fir/ 7 , f,� ,,:� �,; ;,1 Lo -1 6 N 'I) N W01 - VOW, �/ J 0 Caulerpa eReporting 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 pert -nits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Legions 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 (NOAH Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). November 6, 2011 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (address or common reference) Site Coordinates: N 33 36.582' (UTM, Lat./Long., datum, W 117 54.879' accuracy level, and an electronic survey area map or hard copy of the map inust be included) Survey Contact: Mark Sites (949) 675-1071 mark I sites@yahoo. corn (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: Pending harbor permit for dock revision (ACOS Permit No., RWQCB Order or Cert. No.) Is this the first or second Second survey for this project? Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisberies or CDFG personnel identified XXX No, Caulerpa was not found at this - - above) site. Description of Permitted Work- (describe briefly the Dock reconstruction and pile replacement work to be conducted at the site under the permits identified above) Description of Site- Depth range: +10' MLLW to —9.5' MLLW Substrate type: Sand to mud over sand (describe the physical and biological conditions within: the survey area at the time of the survey and provide insight into variability, if known. Please �emperatur^e: 63 Salinity: IIIA Dominant flora: None provide units for all numerical information). Dominant fauna: Mussels on dock floats and pile Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and October 31, 2011 1440®1610 Efforts time period: (please describe the surveys Horizontal 2' conducted including type of visibility in water: Survey type and Surveillance level SCUBA survey covering survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). methods: the entire project area, with beach area viewed dry. Three underwater transects were made parallel to the beach. Area under and around existing dock and proposed extensions was surveyed using 10 parallel transects perpendicular to the shoreline. Due to poor visibility, diver was guided from the surface via tether. Survey personnel: Mark Sites assisted by Mary Price Describe any limitations encountered during the survey efforts. Survey density: Greater than 20% Survey limitations: Poor underwater visibility due to extensive dredging and pile driving activities nearby (Rhine Channel project) Other Information: (use this space to provide Project drawing and aerial attached. additional information or +4.3' MLLW ebb tide references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) AI- yr .: _ -, [ � \ is-�� <=1r;..`:`;l \_;���•%� 5 � � • "., (' " ��: :::_: = � - l � � '�� '�, Jf AJ —All e f ./ •�� �,. C,� "In f' ell, /:,, • �.,,j` ... .� � i �;.),. / r4 .j y tet/ IV , Z211 em � �\. � $ iii P• d�}p� C� --[ ��.� F �f_ '7 L•-„ � �- .-�)� `• F� _ .. $ •-- � ` \ rr,W�IN • lel i 0�1 � �__�`'• `gid � � t to HRR RESOURCES DIVISION 829 Harbor Island Drive Newport Peach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 , ,, ,X11011111111111120=1 11 HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replace existing floats with new floats in substantially the same location. Replace existing piles w/five new 18" piles and two new 14" piles.Provide new 4'X80' ADA an wa ;ADA pathway to new 6'X8'gang- way lobe supported by 2-18" piles.New 6'X9.5' platform for ADA access supported b a 14" "T" pile.Replace existing gangway with new 5'X26' an wa . Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. [Property� _ �� � � �1 d• • d Legal Description: Harbor Permit Number: 172-701 ,Plan Check Number: 1766-2010 Applicant: Lido Isle Community Association Applicant's Mailing Address: 701 Via Lido Soud, Newport Peach, CA 92663 Phone Number: (949) 673-6170 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the .design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: �- Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions, Lisa \%Valters, Harbor Resources October 8, 2010 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for Building Combo Permit Application City of Newport Beach - Building Department Tease print 3 copies [713uilding f— Grading 1,—.Drainage F, Elec 17 I 1. Project Address (Not mailing address) k � �kV'/PART 09 He No AT- # Units (if Residential) Tenant Name(if Applicable) 2. Description of Work Use hRe_PL_Acr= 1--t-e>Ai5- _ EPA e -.� PILG - RECO &`F1rTgt� F n C,0 Ise Valuation $ Exist House SF Demo House SF j Add/Reconstruct House SF Exist Gar SF Demo Garage SF F�'. Add/Reconstruct Garage SF F777 # Stories TOTAL HOUSE SF Cu Yd Cut New Add Alter """;Demo TOTAL GARAGE SF Cu Yd Fill VI ICI. f\ /'� I V t IQ Ic vvn Ivl � [ 3. Owner's Name Last 160 /�'L. e 0 O MMS Tis �� �l ref l�J L_ Owner's Address Owner's E-mail Address city �ieUaPvgi pCHState Zip q TelephoneR4q� f70 j 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address 177.7777. . . . ...... City State Zip Telephone ( 5. Engineer°s Name Last let -4)F_ W10T�� � 6k� , First �7 c)L) Lic. No 50019 Engineer's Address Engineer's E-mail Address Cit �� State �? Zip 9® �� / Telephone ���a F 6. Contractor's Name Last ���y)�� 1 First Lic. No. ���� d� Class.. . 3 .. t Contractor's Addressntractor's E-mail Address x . city � � j � ��{ State �� Telephone ... .... _.. OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO.� Rev 1/18/07 ELEC/MECH/PLUM P/C l / PLAN CHECK FEE $ e CITY OF NEWPORT BEACH CITY OF NEWPORT BENCH WEST uppm NEWORT AY \ V P{ Rr C U� am"saA ssii at�ar�j? WEWPORT `^z-- p 7yIV BAY PlEM PIER �(1C€iVITY AP CIE, 0 IIRY; QtIIa°°:: WST JEi7Y PiR0J E C T SITE a, 4 10101241141 aEVA TION 0 20' 40' GRAPHIC SCALE SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE APPROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED IN THIS SECTION OF NEWPORT BAY REPLACE EXISTING FLOATS WITH NEW FLOATS IN SUBSTANTIALLY THE SAME LOCATION. REPLACE EXISTING PILES WITH FIVE NEW 18" PILES AND TWO NEW 14" PILES. PROVIDE NEW 4X80' ADA GANGWAY,- ADA PATHWAY TO NEW 6'X8' GANGWAY LOBE SUPPORTED BY TWO 18" PILES.- AND NEW 6X9.5' PLATFORM FOR ADA ACCESS SUPPORTED BY A 14" "T" PILE. REPLACE EXISTING GANGWAY WITH NEW 5'X26' GANGWAY. INSTALL NEW 6'x9.5' PLATFORM W/ 14' -T- PILE YPILE 5'-6' TO PROP£RT 11E,� INSTALL NEW 6'xS GANGWAY LOBE W/ 2-18" SQ. PILES I INSTALL NEW 4'x80' ADA GANGWAY I 21 EXISTING 12' PILE TO—' REMAIN I 4'-1' TO PROPERTY I EXISTING 14' PILE TO I REMAIN I REPLACE EXISTING GANGWAY WITH NEW 5'x26' GANGWAY – 110'- 0 20' 40' GRAPHIC SCALE a 0 AOA PATNwA L REL OCA 7E STEPS 2 1 B. 1J_L1 i I O U � I tzzz1 701 VIA LIDO SOUD, ® -6 NEWPORT BEACH, CA � O � r 10 Lo OR RESOURCES IVs: II CITY OF NEW w W cooc 0 Lij i — — BULKHEAD LINE _ o , I EXISTING 14' PILES INSTALL NEW 14" SQ. CONC. PILE TO REMAIN J 114' W EXIS77NC SW1M 14 4 REPLACE W77-1 NEW 14' I SQ. CONC. PILE I w I P/ER HEAD LINE_ REPLACE W777F1 NEW 18' I ' SQ. CONC. PILES INSTALL NEW 18 SQ. CONC PILE p I N PRO,ACT LINE 157' 66 =9' NEW FLOATS CTit7 ®I A Al HIM APPLICANT' NAME: LIDO ISLE COMMUNITY ASSOCIATION JOB ADDRESS: 701 VIA LIDO SOUDIDATE: SEPT/ 21/ 2010 1 N& cj9 c C lj�l il � I [MEM Eelgrass Survey Reporting Form (April 2009) ESIte:Name: e' = Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (common reference) Survey ContactMark C' 'Y= %ame, Situ (9�9) 675®1971 r�iarkl sites yahoo.coms 0 r phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOS Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location- (UTM, Lat./Long., N 33 36.582' datum, accuracy level, W1 17 54.879' attach electronic survey area map if possible) Was Eelgrass Detected: Yes,Eelgrass was found at this site® XXXXXX No, Ealgrass was not found at this site. Description of Maintenance dredging, beach restoration, and dock Permitted Work, reconstruction. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Peporting Form (April 2009) Survey type SCUBA survey covering the entire project area and including a 30' perimeter. Due to poor visibility, diver methods: was guided by tether around entire dock area. In the open water away from the docks, the diver was guided (and protected from other surface craft) by a tow vessel. In areas of good light penetration and good visibility near shore, diver swam three transect parallel to beach. Beach restoration area was viewed dry at a low tide. rvey Survey [�Ia:r� personnel: rso_ 11nel. Sites as isteO�byt,4�a��Pri�ce� Survey Greater than 60% density: Survey Vessel traffic around yacht club docks, poor visibility limitations: below -6'MLLW. Other Information: Project drawing and aerial attached. (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Peporting Form (April 2009) MCLJ-DE PROJECT DRAWINGS WITH CAULERPA AND EELGRASS SURVEY Or A' d m / Z 5 7`10' I�" � aF's.—� �� f1�I�I� F�rr��c 6 auj� 7th.v r -4_ f7, �f .,l S't�tisk���, > ! ) 1J �Jy£Jl a+` .t 'Y/ �A� ��, n 1 � � 1 r,:f y/�,J�� z �i% ! �, •` � j� +t � / � i> `.. t `�';'r /i �3 j Iz �, � %{L 111.°� r ; � �✓ r t3( Jr r �� , ,- t ff tl, I �� L A/ c / ri�3��t(t/�' J �' �z r �ii ( r�, � t� J, r, ✓,,�q,/! _ /J/'�,� f/ I 1f Iy_ 1 _ r rr �,�a1111 3 sly �� r _ • �� ', � X11 flll � r ' ('�� i � � ! ° lv "17 t9 �y, 4 j y � _ r.. { t� ✓ tr � f r � �[ I 4� ,.•�$'tr � � ?fir 1' 1 } '` �� � � � /z i l j r 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 Mater 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). July 12, 2010 Name of hay, estuary, Lower Newport Harbor lagoon, or harbor: Speck Location Name: Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (address or common reference) Site Coordinates: X133 36.582' (UTM, Lat./Long., datum, W 117 54.879' accuracy level, and an Plectroni' ciirvPy area "=map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 markIsites@yahoo.com (name, phone, e-mail) Personnel Conduct` g Same Survey (if other than above): (name, phone, e-mail) Permit cfcrence: ACOE Regional General Permit #54 (ACOS Permit Into., RWQCB Order or Cert. oto.) Is this the first or second First survey for this project? 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 o, Caulerpa was not found at this above) site. Description of Per ittc Work: (describe briefly the Maintenance dredging, beach restoration, and dock work to be conducted at the reconstruction site under the permits identified above) Description of Site: Depth range: +10' MLLW to —9.5' MLLW (describe the physical and Substrate type., Saud to mud over sand biological conditions within the survey area at the time of the survey and provide insight into Temperature: 67 P Salinity: NA Dominant flora: Green algae variability, if known. Please provide units for all numerical information). Dominant fauna: Mussels on dock floats and pale Exotic species Done encountered (including any other Caulerpa species): Other site Poor light penetration below --6' MLLW description notes: due to a layer of suspended sediment approximately two feet above the bottom, which is common to this area of the harbor. Description of Survey Survey date and July 9, 2010 1420®1550 Effort- time period: (please describe the surveys Horizontal 4' near surface, 2' on the bottom. conducted including type of visibility in water: 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 survey covering the entire proposed area of impact with a 30' perimeter. Due to poor visibility, diver was guided by tether around the dock area.. Away from the dock, the diver was guided (and protected from surface craft) by an outboard powered vessel. In areas of good light penetration and good visibility near shore, diver swam three transects parallel to the beach. Describe any limitations Survey personnel: Mark Sites assisted by Mary Price encountered during the survey efforts. ,survey density: Greater than 60% Survey limitations: Vessel traffic around yacht club, poor visibility near bottom below—6'MLLW. Other Information. (use Project drawing and aerial attached. this space to provide additional information or references to attached maps, reports, etc.) 71 CSa—ulei7pa —Survey Reporting Form (version 1.2, 10/31/04) PROJECT DRAWINGS a INCLUDE EELGRASSSURVEY a SA GO //jj � off } /�! n; �j t (77,11 111 A CT A a qp Aix g I } � '"� ., I � � i � t�?�t, ���y{� � tri`#'�� � ��j'• r, U.# 071 1 k\�1 /' q tr 1 1 rJ>(AW � 1� tt I � �. 11 ff . 'fes ��• q �, A� , 1� < � �:'�l r� sir r } � / t 1V oil �'�• �,. �' }1 It I;�l�i Jjlt i � y fj�f b� ,' � I �� �� - � 1� f i / :y� i 't� gli 1r 1�r s r �J���_...�-� „,� t f I� 371' P Paul \ i f :�, t l !:• ti� �`.�'V �� J� f s l i ..�� / •�11 l u / q ,i( 9$� 1i J AANY "I r� JJ Too 1. .: 117 , -P -A +� ,, s. t 1 r' t� .j jj I I Y P ri r J S � r } HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 8, 2010 Property Address: 701 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 z July 2, 2012 OFFICEOF THE CITY CLERK FIRST A.ME110MENT TO LIDO ISLE BAYFRONT LETTERED LOTS LEASE c r eGoo tai C nsuran Se ridea Office Fbr payment) has been given Wthe Gid`: F. Waiver of Subrogation Lessee hereby grants to City a Waiver of any right to subrogation; which any insurer of said Lessee may acquire against the City by virtue of the payment of any loss under such insur nco. This provision Applies regardless of whether or riot the: City has, received a waiver of subrogation endorsement from the insurer, G Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based` on the nature of the risk; prier experience, insurer, coverage, or other spe is circumstances Attachments: M ON mm { Date. _ o..st� , B. _ Treasurer rer [END OF SiGNATURM � bit -- i r p reel Mblt $ '. De c w—. Parcel Exhibit "B" Parcel "C' $,ectivn 1 of asyfront Lettered Loth lease jig- x - .1/1'4 i? � t Ob o O IJ < � s w 3 24 mW OMPASY LOAN NUMBER _ CQXACsE d 3���1L� 1 fYStt44S Clubhouse SuildJngf ten AII-Riitk aftoket Replastemnt Cast siC€%3'' CSI. as LATE JMM/ODNrrx) OC� SURAaCE 9 tir;OiC E: IRS d Isle Community Association LesseWs insurance coverage shall be primaryinsurancerespects the City, its officers, officials, erg oy and voluttt6drs Any insurance or self-Insuranoe maintained by the City, its officers, officials, employees or volunteers shalt b excess of the ssee!s insurance and shah not contrioute, with i {It no entry appears ab6 e, information ra4uir d to cdmolete this dig e s t Jnr€ i be shorn in the Declarations tions a applicable to this e dorserne.00 Worksheet for Building Combo Permit Application �lPrint Forth o � `,, n City of Newport Beach - Building Department U.- Y _ [� g C9�URNP Please print 3 copies i 1� OU 1—.BuildingRCES � ; Gradin (7.Drainage g Draina e Elec Mech ,® w'�lum F 1 ) Mo r'" LLgVii?J'No 1. Project Address I��t mailing address Tenant Name(if Applicable)S 5 #Units (if Residential) E Z. Description of Work UseF5 / - •c.%C... $ FN ti� _l�_.. f/JA-){ham. -�c�e `� D �1�...._.. P _ Extg Building SF Demo Building SF Add/Reconstruct Bldg SF Valuation ��� ......... _ - ..:._... Extg Gar sf Demo Garage sf Add/Reconstruct Garage sf # Stories I TOTAL BLDG SIF Cu Yd Cut New Ad ._ Alter Demo �._._, t _ ���-� TOTAL GARAGE SFF7777 Cu Yd Fill rl OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ FIRE P/C FEE $ ao.ai�tiino ELEC/MECH/PLUM P/C FEE $ PERMIT NO. PLAN CHECK NO. PI AN CHFCK FFF HARBOR RESOURCES DIV CITY OF NEWPORT BEACH 4 x 6 ALL AROUND ADDL (N) 4 x 6 BLKG @ SLIDE ATTACHMENT TO DOCK, WHERE OCCURS, W/GALVANIZED SIMPSON °A35° EA END AT (E) STRINGERS TYP (E) 2 x 6 STRINGER TYP (E) OR (N) 4 x 6 BLKG @ EA FLOAT DRUM W/GALVANIZED SIMPSON "A35° EA END AT (E) STRINGERS TYP (N) SUPERFLOAT FLOAT DRUM TYP, SEE LEGEND BELOW FOR FLOAT DRUMS TYPE LEGEND: FLOAT DRUMS TYPE (j) SHALL BE 48"WIDE x 72"LONG x 12" DEEP SUPERFLOATS AS SUPPLIED BY HENDERSON MARINE SUPPLY, INC. OR EQUAL Ems/ `YC D Jq,� S 3812 EXP. 03 !312013 `PjgT`rTiQVCTV(tP�' F CALIF p� ch u 0, W W I 1 N z N U) Z a� rn w W 0 E o Q V1 o r y o 0 a g ~ U ~ E U)Q) j� I--- o 0 V1 w N z U C) L w :2 w o � O � � UO w o � LU � Q 3 3 N J 3 Ems/ `YC D Jq,� S 3812 EXP. 03 !312013 `PjgT`rTiQVCTV(tP�' F CALIF p� 0 w w � 0 ' -- o Q o 0 a: a_ C) a g 0110 z VA 4> mw ,. City Hall 3300 W. Newport Blvd. Area Code 714 640-2156. February 20, 1979, U. S. Departmentof the Interior or . Bureau of Sport Fisheries. & Wildlife 24000 Avila Rd. - Laguna Niguel, CA Gentlemen :_..The enclosed permit drawing application(s) is being.sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, -and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its February 26, 1979 meeting. If you have any questions regarding this application, -please contact the City of Newport. Beach Marine Department at ( 714) 640-2156. .Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT n E. We den Tidelands Administrator GEW:ll cc: Misc. Agencies � W a%e��ILED:4/12/82 State of California, Edmund G. trovn "� Govrtrnor 5/31/82E ,:1 49th DAY : i California Coastal Commission 180th DAY: 10/5/82 SOt'TH COAST DISTRICT ,���`� % NJ --I "'�1 STS: D.H. Pickens JW 666 E. Ocean Blvd., Suite 3107 ���, z P.O. sox 1450 .; vy s,� N -V.. STAFF REPORTS- -- rm Long Beach, CA 90801-1450,,- gEARZNc DATE:6/15-18/82 (213) 590-5071 (714) 046-0648 STAFF REPORT: ADMINISTRATIVE ITEM APPLICANT: Lido Isle Comnazity Association AGENT: Robert Sangster PERMIT NO.: 5-82-218 PROJECT LOCATION: 701 Via Lido Soud, Beach PROJECT DESCRIPTION: Remove and replace pilings and decks to repair private boat docks. LOT AREA n/a ZONING R-1 BLDG. COVERAGE n/a PLAN DESIGNATION Low Density Residential G.P., LUP draft, adopt, LUP cert., LC PAVEMENT COVERAGE n1a PROJECT DENSITY n/a LANDSCAPE COVERAGE n/a HEIGHT ABV. FIN. GRADE n/a ' LOCAL APPROVALS RECEIVED Letter of Waiver of City permits SITE CHARACTERISTICS Flat, adjacent to the water. SURROUNDING LAND USE: The area is completely developed with single family, one and two story residences. COASTAL ACT ISSUES: Private use of public trust lands SUBSTANTIVE Public Access FILE DOCUMENTS: 1. Newport Beach Certified Land Use Plan 2. Lease by and between the City of Newport Beach and the Lido Isle Comniity Association and Exhibit A thereto. 3. Final Subdivision Map, Lich Isle, Tract 907. -1- (continued) 5-82-218 EXECUTIVE DIRECTOR'S ACTION Approval with Conditions The Executive Director hereby issues, subject to the conditions below, a permit for the proposed deve o went on the grounds that the development as conditioned, will be in conformity with the provisions of Chapter 3 cf the California Coastal Art of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 o the Coastal Act, is located between the sea and the first public road near- est the shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 1. STANDAR- CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not vagi- and construction shall not commence until a copy of the pernit, signed by the perrnittee or authorized agent, acknowledging rete:`: of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If construction has not commenced, the perrr:it wig: expire two years from the date on which the Commission voted cn the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time. Applicati=n for extension of the permit must be made prior to the expiration date. 3. Co-,Fliance. All construction must occur in strict compliance with. the proposal as set forth in the application for pewit, s�tDect to any special conditions set forth below. A:%y deviat.c-. fro- the approved plans must be reviewed and approve by the staff and may require Comrission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Co-Z7.ission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subDect tc 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accertin= all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions s a-1 perpetual, and it is the intention of the Comrr.ission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. - 2 - (continued) I 5-82-218 II. SPECIAL CONDITIONS 1. Prior to issuance of permit, applicant shall submit signing plans for approval by the Executive Director for parcels designated as lots A,B,D,E,F,G,H,I and J of Tract 907 on Lido Isle in the City of Newport Beach as identified in Exhibit A to the lease executed on the 15th daX of April, 1975 between the City of Newport Beach identified as 'Lessor" and the Lido Isle Community Association, a California non-profit corporation, identified as 'Lessee". The plans shall include the dimensions of the signs, a facsimile of the copy of the sign, a statement of the materials to be used and a plot plan of Lido Isle showing the proposed location of the signs. The copy on the signs shall consist of the following: Lido Isle Community Association Community Park No Picnicking, Dopy, Yost$ Allowed 2. Within 30 days of permit issuance applicant shall furnish evi- dence to the satisfaction of the Executive Director, that the signing plan has been implemented. In implementing the plan the existing signs indicating that the parcels are available for use by Lido Isle residents only shall be removed. " 3. The words PRIVATE BEACHES shall be permanently removed from the entry sign located at t e western end of the Isle in the vicinity of the intersection of Via Nido Nord and Via Lido Soud. 4. In accepting this Coastal Development Permit the applicant agrees to work deligently with-the.Cty.of_Newport Beach -and/or the California Conservancy to implement a signing program which will clearly identify the four foot wide public easements that have been reserved for public access from adjacent dedicated streets to the adjoining tidelands. III. EXECUTIVE DIRECTOR'S DETERMINATION A. Project Description & History. Removal of existing decks and pilings and replacement with new decks and pilings to repair an existing private boat docking facility. The pier is used in conjunction with the Lido Isle Community Association headquarters building and the Lido Isle Yacht Club both of which are private clubs. The proposed project is an in -kind -replacement of the deteriorated existing pier. The pier is located on a seaside parcel which is improved with a private club facility in an area that is totally developed with single-family residences. There is a multiple family (R-3) district approximately one half mile to the west. - 3 - (continued) 5-82-21.8 The Lido Island_ Community Association filed an application, P-81-7738, in 1981, for a concrete promenade to the shoreline on the same site. The application was withdrawn when the applicant was advised that public access on Lido Isle was at issue. B. Access/Private Use Public Trust Lands. Section 30211 of the California Coastal Act states as o ows: Section 30211. Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. The proposed pier is located in public trust tidelands which have been granted to the City of Newport Beach under the provisions of Cal. Stats. 1927. In granting the tidelands the People of the State of California determined that the following provisions should -apply to the use of these lands. The provisions are equally applicable to the City's lease of granted tidelands: The absolute right to fish in the waters of said harbor with the right of convenient access to said water over said pur- pose is hereby reserved to the people of the State of California. (Chapter 70, Cal Stats 1927) The waters in which the proposed pier is located is a part of these granted tidelands which the City has Teased to the Lido Isle - Community Association. The pier is used -exclusively by members of the Community Association and the Lido Isle Yacht Club both of which are private organizations. The private use of tidelands does not end with the Association's headquarters. There are 9 parcels on Lido Isle which are owned by the City and leased to the Association. All of the parcels provide access to tide lands. The 9 parcels leased to the Association have been improvedwithwalkways,--land-- scaping, and bences, and have the appearance of mini -parks. One parcel, the largest, has been so improved with the addition of sand boxes and playground equipment to form a childrens playground. All seven of the parcels are posted with signs which read as follows: This is a COMMITY BEACH for use of LIDO ISLE RESIDENTS ONLY NO DOGS, BOATS, PICNICS ALLOWED Until recently, the Community entry sign Isle stated PRIVATE BEACHES. These words from the sign. The lease for the parcels - 4 - at the western end of the have recently been removed was first executed on (continued) 5-82-218 on June 10,1951 for a-period_of 25 years. The parcels are identified on a map of Lido Isle attached as Exhibit A to the Aease and are legally designated as parcels A,B,D,E,F,G,H,I, and J of Tract 907. The lease was renewed on the 15th of ADril 1975 for an additional 25 years and will expire on April 14, 2000. Items G.and I of the R E C I. T A L S of the lease read as follows: G. Lessor and Lessee desire to reserve for the public certain access easements over portions of said leased lands and to reserve a right of access to the State of California to all -tidelands which may be a part of and which adjoin said leased lands: I. It is the intention that said leased lands shall be used only for park, recreation, beaches, commerce, navigation and fishery purposes. Further, Section VIII of the lease reads as follows: VIII. PUBLIC ACCESS ?here is Hereby reserved over said lease properties at those points as designated in Exhibit 0,Ar. public ':access easements four (4) fest in width running from the adjacent dem catea streets to the adjoining tidelands._ further, there is hereby reserved to the people of the State Of California the right to -fish in the'waters on or adjoining said devised lands and the right of convenient access to said water over said access easements forsaidpurpose. The legislation-grant-of--State-land--to the= City , - documents the right of public access to the sea. Section 30611 of the Act states that development shall not interfere.with that right of access. While there are no physical barriers to public access on Lido Isle and the developed Community Association leased parcels it is clearly evident that the entry sign and the signing of the parcels represent a serious psychological barrier.. The Commission requires, as a condition of approval that the applicant remove these psychological barriers on all nine leased parcels and and replace them with signs that indicate the parcels are community parks. The Executive Director therefore determines that, as con- ditioned, the proposed project is in conformity with Section 30211 of the Coastal Act to the maximum extent feasible. The Executive Director determines further that as conditioned the proposed project is consistent with the certified Land Use Plan for the City of Newport Beach. - 5 - (continued) O DENOTES PAQCELS OWNED BY cm op I mwPo; r SMACH AND LEA'SED -M Lloo ISL= COMM1.1 WIT* -f Ae,r.- oc.i Arms 4 5.82-218 EX 141 SIT I Apr i I 16, 1982 LIDO ISLE COMMUNITY ASSOCIATION �1 701 Via Lido Soud TNewport Beach, California 92663 Re: Application No. 5-82-218, Pier Repairs Karl Hinderer, Chief of Permits California Coastal Commission, South Coast District 666 E. Ocean Blvd., Ste. 3107 Long Beach, CA 90801 Dear Mr. Hinderer: As you know, the association was not able to avail itself of an emergency permit to repair the pier at 701 Via Lido Soud because of a condition that the association agree to place signs on the various easements reserved by the city. The association is not in a position to place signs on city property_; the City cf Newport Beach is the responsible agency, to sign its reserved lards. The association, of course, is aware that any signs on our parklands, including those Leased from the city, should not suggest that the public cannot utilize the city's easements. These rights of way to the tidelands are reserved on lots A, B, D, E, G, H and J of Tract 907. The city has the possessory interest in these ways. The board of directors considered the problem at the meeting held on April 14 and voted that it would not oppose a condition on the pier application that the legend on the signs on lots adjoining the easements be changed to read as follows: Lido Isle Community Association Community Park No Picnicking, Dogs, Boats Allowed This wording would preserve the community park identification, but remove the existing "residents only" language that could be interpreted to improperly encompass the city's easements. Although none of the easements is on the property where the project is located, the Board feels that this would fairly resolve the Commission's objections to existing signs.- We would appreciate your response prior to issuance of an administrative permit. Because of tide problems, time is not of the essence, and we waive the timely hearing requirement (30621, etc.). Thank you for your consideration. r ROBERT C.�SANGSTER Counsel s -e- 218 a.werr2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE LIDO ISLE COMMUNITY ASSOCIATION April 14, 1982 RESOLVED, that the Lido Isle Community Association will not oppose a condition upon a Coastal Permit for pier repairs that signs be placed on the lots leased from the City of Newport Beach on which easements for public access to the tidelands are reserved (Lots A, B, D, E, G, H, and J, Tract 907) containing substantially the following legend LIDO ISLE COMMUNITY ASSOCIATION COMMUNITY PARK No picnicking, dogs, boats allowed Adopted at the regular meeting of the Board of Directors of the Association held on April 14, 1982, at 701 Via Lido Soud, Newport,Beach, California. EX141131T3 Wa.1ters, Lisa From: Estes, Stephen M SPL[Stephen.M.Estes@usace.army.mil] Sent: Monday, March 14, 2011 12:49 PM To: Walters, Lisa Subject: 70.1fio Lido loud Dredging i'raject (Corps File leo. FAL-2010-00938-SME) Hi Lisa, For this proj 31, 2011,wor of RGP 54) wi verification environmental althou tication letter trom the Corps. A new March letter would be needed if the project description and/or conditions have changed since the original letter was issued. Had the project been authorized under a Letter of Permission or Standard Individual Permit instead of RGP 54, our letter would have listed March 31, 2011 as a permit expiration date and a new letter (called a "permit modification") would have been required for work to occur after March 31, 2011. Please feel free to call me if you have questions about this. Also, there is a California least tern nesting site in Upper Newport Bay just west of jamboree Road. Approximately 13 breeding pairs nested there in 2010. For the 701 Via Lido Soud Dredging Project, activities conducted after March 31, 2011 would most likely not affect tern nesting or foraging habitat. Thank you, Steve Stephen M. Estes Project Manager, Regulatory Division Los Angeles District, U.S. Army Corps of Engineers 915 Wilshire Boulevard Los Angeles, California 90017-3401 (213) 452-3660 (Office) (213) 452-4196 (FAX) stephen.m.estes(@usace.army.mil h-Ltp://www.spl.usace.armv.mil/regulatory Assist us in better serving you! You are invited to complete our customer survey, located at the following link: http://per2.nwp.usace.army.mil/survey.html Note: If the link is not active, copy and paste it into your internet browser. i REPLY TO �' • .'�-- ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Carter Ford Lido Isle Community Association 701 Via Lido Soud Newport Beach, California 92663 Dear Mr. Ford: December 20, 2010 This is in reply to your application (File No. SPL -2010 -00938 -SME) dated September 17, 2010, for a Department of the Army Permit to discharge fill material into waters of the United States, in association with the 701 Via Lido Soud Dredging Project. 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 detennined that 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 terms and conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge up to 503 cubic yards of sediment from approximately 0.164 acre of non -wetland waters of the United States within Newport Bay using an excavator, bobcat tractor, and hydraulic dredge (as shown on the attached Figure 4); 2. Move dredged material to the disposal site using a bobcat tractor (as shown on the attached Figure 4), temporarily impacting approximately 0.120 acre of non -wetland waters of the United States; and, 3. Discharge up to 420 cubic yards of dredged material onto the adjacent beach below the High Tide Line (as shown on the attached Figure 4), temporarily impacting approximately 0.148 acre of non -wetland waters of the United States. The remaining 83 cubic yards of dredged material shall be discharged onto the adjacent beach above the High Tide Line. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through March 31, 2011. 2. Dredging authorized in this permit shall be limited to the areas defined on the attached Figure 4 only. No more than 503 cubic yards of dredged material is authorized for -1)— dredging from. Newport Bay by the Permittee. No dredging is authorized in any other location under this permit. This permit does not authorize the placement or removal of buoys. Pursuant to 36 C.F.R. Section 800.13, in the event of any discoveries during dredging of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within twenty-four (24) hours (Steve Dibble at 213-452-3849 or John Killeen at 213-4.52-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction .in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project activities, per 36 C.F.R. Section 800.13. 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 Stephen Estes at 21.3-452-3660 or via e-mail at Stephen_M.Estes@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.n wp.tisace.army.mi.1/sLirvey.htnil. Sincerely, �V? Corice J. Farrar Senior Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures x nxia�T'-'WT11 ab 1� �@l RS 3� Data C5UMB SFML, CA OPC Data SIO, NOAA, U.S. Navy, NGA, GESCO 5571 1f_ 02010 Google Imagery date: Nov 15, 2009 lat 83.808714" Ion -117.9145581 elov Oft ION,hx Eye salt 19192 It ac - 20 "I 7j lo-1�4r 1.3. �� Eylsfln� � Q \i ��� r •1 N A) -/ut L -Y' p C.4. Rig �.,c wair o�frTr V I C &J E T C H c4of NawpoRr BAY, CAL IFOIANIA ITrrr SO e/,n C/I r? d? s are "P"C"era' /r7 tr4frl ono ashore Olipp 6elOkv A'IC017 LOWd-p- I -ow 'i`a'15?e of el'clC /0 rte'" C C A, 0,7 of A1,9 WF"4w c71. -32 I 0 C 01 -0 1,21 1:V ,X -r. co' LZI-SP0.5c'. 1 1 tj 't e (—S r N li: 2 iFCJ L4� Cll=.1414:4 4S -5a, el A-' 7 -,q- A Q� IDA _ VKOJE(_ -T DKAL<;i UF, r'r% I � _ - _ � 'vim �R I �_�A `_....'(' a F� T• ..._— o-� — _.7;is,f'�:{._:f.:E-_.I-�T_��:L_L_;_-.i-:i.�'C:-:f.::al.�, f ' cam• ,.\. pt P fir+ ' �t�°.!Flt. l Ac.lNn " V--- _ ) yyOj'AwAiL .. CL►'QeL X03 �lL Ve r?7� l J,* 1C. '1 rE 1K /� ulY.k�K aNGiJ Gt G r^ R. "e'ral a �• J q.r� . I �+ !moi 0.G/`-Q,.� 7e fig.. l �re4 Cdrcldt it Fill) JJ \^ TY 5KETG �4 N K �.voar FSA Y, fi4 1!'nli HlA w 1l rr� So[/r7ty/nr�s orR �,t�resscrd /n %.rr� rY.vpIh hP/cin �7Cc)r7 Lvrvar Low W ,r o').1 dplIl/.p roup c' c, f' ;r+'syc Qp/�icaR..aa4 islY /O traa! �Nc+r� �,kl /,irK S c7re �a/ca6/7'shcJ lr7 �il:s Sccl tlon a{Nawl-arf fat cQfp.c.�.,�c . __ti COY,% l—, �s14 s n m e" 2:6 ;r,7 A - swim w% ___— ;r,7 .. _.-_.._ DEPARTMENT OF- THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 - LOS ANGELES, CALIFORNIA 90053-2325 V REPLY TO ATTENTION OF Regulatory Division Mark Sites P.O. Box 498 Balboa Island, California 92.662 Dear Mr. Sites: October 18, 2010 Reference is made to your request (File No. SPL -2010 -00938 -SME) dated September 17, 2010, for a Department of the Army authorization to conduct the 701 Via Lido Soud Dredging Project. 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 213-452-3660 or via e-mail at Stephen.M.Estes@,usace.army.mil. Sincerely, Stephen M. Estes Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosure -2— LIST OF ADDITIONAL INFORMATION REQUIRED FOR A COMPLETE REGIONAL GENERAL PERMIT (RGP) APPLICATION APPLICANT Complete the enclosed ENG Form 4345 including signatures of Applicant and Agent Signature for statement designating official agent _X— Applicant name and telephone number during business hours: Please provide the applicant's name and contact information. DESCRIPTION OF ACTIVITY _X_ Detailed written description (incl. area, volume, dimensions) of activity to be permitted: Please certify that the bobcat tractor would not enter or perform work below the existing tide line at an, time. Complete description of overall project Location and name of watercourse Precise coordinates of the project location (either as latitude/longitude or UTM) _X— Estimated area in acres of waters of the United States that would be impacted by filling, draining, or flooding for the entire proposed activity: If necessary, please submit a revised calculation of the area (in acres) of waters of the United States that would be impacted through disposal of dredged material (see below). 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) ADDITIONAL INFORMATION REQUIRED FOR RGP 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 _X_ California Coastal Commission - federal consistency determination: Please provide a California Coastal Commission certification for the proposed project. 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 8112 x 11" white paper, and include a north arrow, scale, and other pertinent project information, Vicinity map _X_ Scale plan view diagram of existing (pre -project) conditions: Please revise the submitted drawing to clearly specify the area onto which dredged material would be discharged and spread. 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: Rivet mile Name of water body Identifiable landmarks Area of Corps jurisdictional delineation indicating ordinary high water mark and adjacent vvetlands juxtaposed on project plans _X— Mean and maximum (spring) high tide lines: Please revise the submitted drawing to include both the high tide line and the mean hivh water line. In addition, please remove impacts to areas above the high tide line from impact calculations related to Corps jurisdiction. Please submit the revised calculations, which should onlv include impacts to waters of the United States. 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 archeologistihistorian 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: 1. Please note the CaulezTa taxifolia survey conducted on Tuly 9, 2010 has expired. Per Special Condition L(f) of RGP 54, a new survey shall be conducted and submitted to the Corps Regulatory Division not earlier than 90 calendar days prior to the commencement of project -related activities and not later than 30 calendar days prior to the commencement of project -related activities. Please note the eelgrass survey conducted on My 9, 2010 will expire on November 6 2010 Per Special Condition L(e(vi) of RGP 54 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). If the survey expires prior to commencement of work, a new survey shall be required prior to commencement of any work. For this project, a new eelgrass survey would need to be conducted on or prior to October 31 2010 if project - related activities would commence in January or February 2011, as specified in your application. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 October 5, 2010 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 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 Present Comments Disposal Disposal Total' for 2010 between 15 - 30 Eelgrass Survey Qty (cu.yds) Qty' (cu.yds) Feet of disposal Date/Expiration . footprint?§ Caulerpa Survey Date/Ex iraliontt Lido Island Community 701 Via Lido Soud Sos o No Eel rass survey g y Association 7/9/2010 (expires 11/6/2010); Caulerpa survey 7/9/2010 (ex fires 10/7/2010 —Sub -tot 1 503 3239 4229 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 survey. In addition, please note that this authorization shall expire on October 23, 2011 and that all authorized work must be completed prior to that date. 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 -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. 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 -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers Not to Exceed 1,000 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 § 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). 11 Caulerpa taxifolia surveys are valid for 90 days from date of survey September 17, 2010 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 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 1-7,-i7o( 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 Lido Isle Community Association 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.newportbeachca.gov/harborresources 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 CITY CHECKLIST Project Site Address: lc) i Vi a, L Ao SCJ 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 final goal of dredging �I 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 beach disposal, linear feet of affected beach area Dredging and Disposal Operations Schedule ® Scaled drawings (plan view and cross sectional view) ® Site address I� 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/ irN 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) I� 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 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: Eelgrass Stamp ® Caulerpa Survey ® 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: IN 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 Project is over (check one box): TA 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 $77 made payable to Santa Ana Regional Water Quality Control Board l Signed application ❑ Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) HARBOR RESOURCES DIVISION v.6-22-07 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.uslhbr 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: PO 60 )( 0OC 5 o „? w �' y SSI�G/a i O r1 9y 9' 1-1/3 -3o3 2 70 t W d r' 71 - Agent & Contractor Name, Address, Phone Number (if applicable): PO 60 )( Project Site Address: Assessor's Parcel Number: 701 4 , J, 57,,d Dredge Site: Latitude .�3°3�. �aLongitude Disposal Site Beach Disposal: Latitude sGH-�Q Longitude Ocean Disposal (LA -3): Latitude 3° 31' 00" Longitude 117° 53130" 'u//rp� ose and Final Goal of Dredgin �(Effect on Bulkhead and Beaches): fE/82/3OPt �en7�►y/h7 grec, fit.%s/2/saA e.V2 /�ic/GI/ui �2 e�'J c Q ✓� ke� 1/� q �' u �i� f� Pc� �a ✓1 C?/�'� c �1 Regional General Permit 54 Dredging Application Method of Dredging (Hydraulic, Clamshell, Tractor etc...), Vessel and Equipment Description: d- c' " 4n'c %c 2KGavcc �r �+rt'- ae J o ca �ts-P ytXr46 u I C O�fQ esP /I"i ef /'Pu c 1 .ae._- J. f L. ` / - Vessel(s) Captain 1"4-r �� �� e Di,edging Operations Inspector [1 Disposal Operations Inspector Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total): 5d,3 Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area: • �i�-b Acres 2, Linear Feet Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities: ?-00- Dredging and Disposal Operations Schedule; 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. I� Scaled drawings of the project and disposal areas (plan view and cross sectional view) fy� Site address f ✓ 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 adjacent properties Location of Bulkhead, Pierhead and Project Lines f i� Dredge depth (limited to -7 MLLW with a P allowable overdraft) [ps/ Photo(s) of entire dredge and disposal areas at low tide (including 30' buffer area), with emphasis on eelgrass Regional General Permit 54 Dredging Application Page 3 E-elgrass 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 \v«vNv.ncwpi !rt-be4icI,.ci_t.us/hhr Caulerpa Survey - Completed by a Certified Caulerpa Diver T A. Survey for Caulerpa within 30' of the project area (dredge and disposal site) f✓ Grain Size Analysis A. (])sample per 'A acre and / or at least (1) sample at dredge site and(]) sample at beach disposal site (if applicable) B. If beach disposal, sample(s) must be at least 80% sand F Project is over (check one box): P;" City Tidelands F County Tidelands (State Lands Commission Dredge Lease Approval) NM 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 F Linda Isle owner's approved area Check made payable to The City of Newport Beach (See Harbor Resources website for appropriate fees) Fv"' Check for $60 made payable to Santa Ana Regional Water Quality Control Board Project areas at the Rhine Channel, Newport Island, Promontoty Bay, the West Lido Channel or ftotn within 1, 000 feet in any direction f tom the 15 `h Street public pier are not eligible for dredging under this Permit. Regional General Permit 54 Dredging Application Page 4 1, 1.0 -st e5 (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. 1 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 1 'Monday of every month Applications submitted prior to this deadline are encouraged and appreciated. and / or Agent Signature Date MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 701 Lido Soud SAMPLE COLLECTION DATE: 8/2/2010 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 8/2/2010 Total Dry Weight of Sample: Analysis Weight (Split Wt.): A DREDGE SITE 352.74 grams (g) 80.10 g B RECEIVING BEACH 112.96 grams (g) 79.60 g Visual Description: A brown fine sand A light brown/grey fine sand t with gravel and shell hash with gravel and shell hash Fraction Fraction Fraction Fraction Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 2.25 g 3% 4.60 g 6% >2.0mm (> -1�) #10 Sieve Sand Fraction: 77.38 g 96% 74.32 g 93% <2.Omm >0.063mm ( < -1� > 4c ) #230 Sieve Silt / Clay Fraction: 0.47 g 1 % 0.68 g 1 % <0.063mm (< 4 �} 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 containers and immediately 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 50°C 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 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 PA IV 41] 0 AIW 0�IQR NR VICI M I TY S K E T C H ou"r Afrr ",,P,or 5Ay, CAL 1,FC>R C4me NIA Jtrrr Or, 0,)Q( dinord CA I a- zjj5—' -- j�) loev&r 4ow mayllf,-, *,On V 40 2- IP Z.41 C ozwc) .qa6 (SA,45 EEL PXP Im 0 Eelgrass j ' of project I t �, , " , Of projec t tt r � 15 [01 Eelg ass n 15.- 0 rl® t are %No,]Eel 'a sIn 741 Vift Love(, f -k,' -, I &A (4 04) V:lr t`7 5 �q it. —I,, 7A 4 m d -7 OA -re 9/66 /to This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Eelgrass Survey Reporting Form (April 2009) Site Name: Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (common reference) JFsu­r_vey contact." I Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, email) Permit Reference: Arm® Regional General Permit #54 (ACOS Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.582' datum, accuracy level, W1 17 54A79' attach electronic survey area map if possible) Was Eelgrass Detected, ----Yes, Eelgrass was found at this site. �XXXX No, Eelgrass was not found at this site. Description of Maintenance dredging, beach restoration, and dock Permitted Work: reconstruction. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +10'MLLWto —9.5'MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). bstrate 11 Sand to mud over sand emperature:11 67 F Salinity: 11 NA Dominant =4 Dominant on dock floats and pile. fauna: IlMussels 9� IT02=1 Horizontal 4' near surface, 2' on the bottom. visibility in 11 K Eelgrass Survey Reporting Form (April 2009) Other site Poor light penetration below —6' MLLW due to a description layer of suspended sediment approximately two feet notes: above the bottom, which is common to this area of the harbor. Description of Survey Survey date July 9, 2010 1420-1550 Efforta and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered Iduring I the survey Horizontal 4' near surface, 2' on the bottom. visibility in 11 K Eelgrass Survey Reporting Form (April 2009) kther Infonnation: use this space to F#ie4 4� #.@At,, o0yo," # W.; iformation or ices to attached Ms such as reports, etc.) Greater than 60% I 3urveyVessel traffic around yacht club docks, poor visibility imitations: 11below -6'MLLW. Eelgrass Survey Reporting Form (April 2009) 9 Survey type SCUBA survey covering the entire project area and including a 30' perimeter. Due to poor visibility, diver methods: was guided by tether around entire dock area. In the open water away from the docks, the diver was guided (and protected from other surface craft) by a tow vessel. In areas of good light penetration and good visibility near shore, diver swam three transect parallel to beach. Beach restoration area was L--------------------- vi�wod dry at low tido_ Survey Survey �e �byMa�ryPric�e�� personnel: rso dark t s ass�isted kther Infonnation: use this space to F#ie4 4� #.@At,, o0yo," # W.; iformation or ices to attached Ms such as reports, etc.) Greater than 60% I 3urveyVessel traffic around yacht club docks, poor visibility imitations: 11below -6'MLLW. Eelgrass Survey Reporting Form (April 2009) 9 OX g!`�gi"d jm((Z'� p) 1 Iq T s £l< t� � T C H weir A' Frx 5 1 ANP :.i$6n1WCJf1�.. 6.3a,�Y ��/ �f'f?F��� A rlEi ✓' 5,0u ch r>af5 C -r CYOP �f a 1a w pc?.e7P& to r' H r /,'0 IP IP rr' IVO, weew �i " "`"coed'preAA ll 3S.nn aS,unr U,._fi4f7_ _�1�4L !i` �•y� Ij 'tiTa ,, a o , ----.vim 1 _ '/C Peck 411- ° II A N al ! cru l/dA / L , - �'�d° CL6•Qm, � 6 2� d�l�'�!� �i H ✓6 ^--�"w�-...- ,,,,,;,,�,. ��g. � �zf P 1 Ir it ir�i it rl / 4A r r Iq T s £l< t� � T C H weir A' Frx 5 1 ANP :.i$6n1WCJf1�.. 6.3a,�Y ��/ �f'f?F��� A rlEi ✓' 5,0u ch r>af5 C -r CYOP �f a 1a w pc?.e7P& to r' H r /,'0 IP IP rr' IVO, weew �i " "`"coed'preAA ll 3S.nn aS,unr U,._fi4f7_ _�1�4L !i` �•y� Ij 'tiTa ,, a o , ----.vim 1 _ '/C Peck 411- ° II A N al ! cru l/dA / L , - �'�d° CL6•Qm, � 6 2� d�l�'�!� �i H ✓6 ^--�"w�-...- ,,,,,;,,�,. ��g. � �zf P 1 Ir it ir�i it rl / 4A r 111111111111111111 Jill 1111111 iiiiiiii'l III 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 Mater 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 Cauletpa 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, (85 8) 467-4218). July 12, 2010 Name of hay, estuary, Lower Newport harbor lagoon, or harbor: Specific Location Name: Lido Isle Yacht Club, 701 Via Lido Soud, Newport Beach (address or common reference) Site Coordinates: N 33 36.582' (UTM, Lat./Long., datum, W 117 54.879' accuracy level, and an electronic survey area map or hard copy of the map mast be included) Survey Contact: Mark Sites (949) 675®1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) PermitReference: .ACOE Regional General Permit #54 (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? Was Caulerlm Yes, Caulerpa was found at this site and Detected?: (if Cauleipa is found, please immediately has been contacted on date. contact NOAA fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the Maintenance dredging, beach restoration, and dock work to be conducted at the reconstruction site under the permits identified above) Description of Site: Depth range: +10' MLLW to —9.5' MLLW (describe the physical and Substrate type: Sand to mud over sand biological conditions within the survey area at the time of the and provide insight into variability, if known. Please Temperature: Salinity: Dominant flora: 67 F NA Green algae provide units for all numerical information). Dominant auna: Mussels on dock floats and pile Exotic species Done encountered (including any other Caulerpa species): Other site Poor light penetration below --6' MEW description notes: due to a layer of suspended sediment approximately two feet above the bottom, which is common to this area of the harbor. Description of Survey Survey date and July 9, 2010 1420-1550 Effort: time period: (please describe the surveys Horizontal 4' near surface, 2' on the bottom. conducted including type of visibility in water: Survey type and methods: SCUBA survey covering the entire proposed area of impact with a 30' perimeter. Due to poor visibility, diver was guided by tether around the dock area. Away from the dock, the diver was guided (and protected from surface craft) by an survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). outboard powered vessel. In areas of good light penetration and good visibility near shore, diver swam three transects parallel to the beach. Describe any limitations Survey personnel. Mark Sites assisted by Mary Price encountered during the survey efforts. Survey density: Greater than 60% Survey limitations: Vessel traffic around yacht club, poor visibility near bottom below—6'MLLW. Other Information: (use Project drawing and aerial attached. this space to provide additional information or references to attached maps, reports, etc.) _ Caulerpa Survey Reporting I -arm (version 1.2, 10/31/01) cvc- N2, WP-, 0 i pr r CJ V I C I TY E- T cove or a®rrr V1 A Cmc li:01',NIA ba derry cl"F, 9". ssac/ ro bred 0,�l 1a0/— 0, cAl J 61Q�clel-p— Qre spa");5 sc-c/,vn vrIUB -,-Orl -ack- P, Xo ck II' eel V, W -s 4�5.-A 7 4- pnt I'v\ Z2 A�tx Ll rk t'l -V CkA G'L-t4, t vt (1!i Dira- �( -QA UWA A Qwd05 all ho i \� � [� �� r�`r \_' '� \ \` , �� ` �•.•,C .. t I/ f ?� ��'. ..' �. / �d i /jr i a ! l , i l ' fr r r . - I cn z fro g 9r'% ! t _ � �%% �� '.iJ � sm j., \, �`o�� a� •'`!,/fir ru / ,6� 1. • ,; _��[) /%�j� �} �.t�' 1 ' i� r On r ll rt_ • "• / JJJ �� ,!� /-f/ 1� f v, �`t 1i J.� �) '� %�'�-�j / �•� J�J� Jura ,� - r ;, .! I / 1), �;Gy fJ / 7 0 ,.1 / f/ P �• I l ! �4 z / ` n� �i YA > � v � v �,. / � 1 , i\\�j/�,JJ t � , ,+t ,c•1 � 4.fJ�ri � ()J f}'1 j)1�# ... Ilk ��t�y�da�`ii.-- Tiffs` `�a QJ \\''�• Usk 4td9aN"W",oil `�•x s ' l q 4 &a 'f ?�% / ca DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF March /, 2011 Regulatory Division Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Walters: This 'is in reply to your application (File No. SPL -2010 -01146 -SME) dated December 22, 2010, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged and fill material into waters of the United States, in association with the 345-465 Via Lido Soud Dredging Project (Carter Ford). The proposed work would take place bayside of 345-465 Via Lido Soud 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 that 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 terns and conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: I. Dredge up to approximately 958 cubic yards of sediment from approximately 0.40 acre of non -wetland waters of the United States within Newport Bay using an excavator and bobcat tractor (as shown on the attached Figure 3); 2. Move dredged material to the disposal site using a bobcat tractor (as shown on the attached Figure 3), temporarily impacting approximately 0.99 acre of non -wetland waters of the United States; and 3. Discharge up to approximately 958 cubic yards of dredged material onto the adjacent beach below the High Tide Line (as shown on the attached Figure 3), temporarily impacting approximately 0.40 acre of non -wetland waters of the United States. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through October 23, 2011. -2- 2. 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.mnfs.noaa.gov/hcd/caulerpa/ccp.pdf). The results of that survey shall be furnished to the Corps Regulatory Division, 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 Regulatory Division, in consultation with NOAA Fisheries and CDFG. 3. Apre-construction survey of the project area for eelgrass (Zosteru marina) shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (http://swr.mufs.noaa.gov/hcd/policies/EELPOLrevl I—final.pdf). The results of that survey O shall be furnished to the Corps Regulatory Division, NAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. If the pre -project survey demonstrates eelgrass presence 15 feetor less from the proposed dredge or dredge material disposal footprint, this letter of verification shall be considered void. If eelgrass is present between 15 to 30 feet from the proposed dredge material disposal footprint, then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. Monitoring requirements are described in Special Condition Le.iv. of RGP No. 54. 4. The applicant shall establish a safety flag perimeter of the beach nourishment area during disposal activities, and monitor the premises to protect the general public from construction hazards and equipment. Pursuant to 36 C.F.R. Section 800.13, in the event of any discoveries during dredging of either huinan remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within twenty-four (24) hours (Steve Dibble at 213-452-3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered The Perniittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project activities, per 36 C.F.R.. Section 800.13. 6. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatoiy Division a post-proj ect implementation memo indicating the date authorized impacts to waters of the United States ceased. 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. -3— Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or viae -mail at Stephen.M.Estes@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.nwp.usace.army.mil/sLirvey.htnil. A courtesy copy of this letter is being provided to Mr. Mark Sites, P.O. Box 498, Balboa Island, California 92662. Sincerely, Corice J. Farrar Chief Orange and Riverside Counties Section South Coast Branch Enclosures ' j I j ETI - r..jr AY t Af ��� _ � ��t •i/�r�....�� ��l�s � -.-) � �t { ! � f k f f � w, f C�l£/�j� � i4 - /}, /�.�r J,., ��f/•r f fr .�� ` � ~--... � i ..t � `I �V %ri I - ;' f.. .� rFi��jff'7 J + ,� `� Al� c 7 4 14, Pj I.Ij HL X7 .40 fR Tl ('Na - �k ���jr f/,l ".. � �t `w r�J�.• .'//1 !t ��..ra - / �� rl��J� // a ' ``y�� �/r,`1! ft , w� � ,* w�..`r 1,r1 j,.1��� '��,(� r•lr v�I� w, r1r +--rr17 �` f' /Vo A,i/4ke,A �_ _ t q' 170 f /!4 e r- r el -t /. LO !�� t r / K�. ® ������� / � Oma. � �'. G✓� � - ,!o 8"AO / 11'^4 �&q lC^QC ,* �$B 7o 71�lt 1 �9 r-.-,, o � Jmjoac t ;; -t 7, c e Y t ;i' i W 0 Q�M/ LW RBOR RESOURCES DIV. CITY -OF NEWPORT BEACH t 340 e. -- yar _ 7-y,o /cam /Pre, /� - 30 o hoc /< 4,A) .souk ,� L d a c i�� 5� t' 2 c� ►'► l i� R 1 v w i99c . rA 14 ua e C % cv w a,Sctr-Aa t/ / �v Q !'c� �-B G � C o /'!C i$ ��. (ACL / EEL G RAVS INSPECTION Eelgrass within 15' of project 11 Eelgrass within 15 - 30' of project .� a ea - /Z -34f 'W�No Eelarass in ro� t area 70 Z -t Pt k? - - 0 ro cc! S i �-e S � Q L4 U a. c r^ Signature:. ICS,)►Ub- To � � r .0 1-- aff 1' t Inspection Date & `I lrrte l 1, % � T1131 /4 r e 0 / J r►� ck� Aja ��d�iot��d �l ! 1 I 'CUT up g J . �ill < X 'grAr.. Ot 9 Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Walters: March 7, 2011 This is in reply to your application (File No. SPL -2010 -01146 -SME) dated December 22, 2010, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged and fill material into waters of the United States, in association with the 345-465 Via Lido Soud Dredging Project (Carter Ford). The proposed work would take place bayside of 345-465 Via Lido Soud 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 that 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 terns and conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge up to approximately 958 cubic yards of sediment from approximately 0.40 acre of non -wetland waters of the United States within Newport Bay using an excavator and bobcat tractor (as shown on the attached Figure 3); 2. Move dredged material to the disposal site using a bobcat tractor (as shown on the attached Figure 3), temporarily impacting approximately 0.99 acre of non -wetland waters of the United States; and Discharge up to approximately 958 cubic yards of dredged material onto the adjacent beach below the High Tide Line (as shown on the attached Figure 3), temporarily impacting approximately 0.40 acre of non -wetland waters of the United States. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through October 23, 2011 _2_ 2. A pre -construction survey of the project area for Caulefpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.ninfs.noaa.gov/hcd/caulerpa/ccp.pdf). The results of that survey shall be furnished to the Corps Regulatory Division, 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 Regulatory Division, in consultation with NOAA Fisheries and CDFG. 3. A pre -construction survey of the project area for eelgrass (Zostera marina) shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (1-ittp://swr.an-ifs.noaa.gov/hed/policies/EELPOLrevll final.pdf). The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. If the pre -project survey demonstrates eelgrass presence 15 feet or less from the proposed dredge or dredge material disposal footprint, this letter of verification shall be considered void. If eelgrass is present between 15 to 30 feet from the proposed dredge material disposal footprint, then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. Monitoring requirements are described in Special Condition I.e.iv. of RGP No. 54. 4. The applicant shall establish a safety flag perimeter of the beach nourishment area during disposal activities, and monitor the premises to protect the general public from construction hazards and equipment. Pursuant to 36 C.F.R. Section 800.13, in the event of any discoveries during dredging of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within twenty-four (24) hours (Steve Dibble at 213-452-3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project activities, per 36 C.F.R. Section 800.13. 6. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatory Division a post -project implementation memo indicating the date authorized impacts to waters of the United States ceased. 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 Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@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.nwp.usace.army.mil/survey.html. A courtesy copy of this letter is being provided to Mr. Marls Sites, P.O. Box 498, Balboa Island, California 92662. Sincerely, Corlce J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures I lk 4AW nt-4. --'------ \, `1^'� `'\ 701 liple-, sr'e = 0. /,�CcC✓4 QJ e ,vo Ll&q Itk,\QCLr TQ°� �i•�% ��'�� � d/Ccccr2 -7 �r'e� a �M�ac�= �• �J acres a ICS 1 Inle, �T �< 1. �c / ,"• -1.%i GAJ Lv �0r i RBOR RESOURCES DISI. CITY OF NEWPORT BEACH t�''(LL.U%�concre�e cVa�fCWa`' / EEL GRA S INSPECTION Eelgrass within 15' of project ❑ Eelgrass within 15 - 30' of project 7—o la, �l r Q ea 'allo e�rass in roject �anea ,� O l ( ►^ e a (zrroLa 51 i� S Q. v a c r F_ Signature )�1 1 S� e5 s Q. L{ O a c {"-2 i� `r/ice i46-1to C �� TQ 1 r -0 � a inspection Date & Time ! rtn c��� �ke �o �-eac r'oor�rn = �• %ace � 71! �t� �r•G T� CJS STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 February 25, 2011 r+' (562) 590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 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 Present Comments Disposal Disposal Totalf for 2011 between 15 - 30 Eelgrass Survey Qty (cu.yds) Qtyt (cu.yds) Feet of disposal Dale/Expiration-; footprint?§ Caulerpa Survey Date/Ex iraliontt Lido Isle Community 345-465 Via Lido Soud 958 0 No Eelgrass survey Association 10/29/2010 (expires NEW EELGRASS SURVEY REQUIRED IF WORK COMMENCES AF#R 3/1/2011 AND NEW 3/1/2011); Caulerpa CAULERPA SURVEY IS NOW REQUIRED PRIOR TO CC MMENCET`IENT OF DREDGING survey 10/29/2010 I (expired 1/27/2011) 958 Year-to-clate total 958 0 968 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 survey. In addition, please note that this authorization shall expire on October 23, 2011 and that all authorized work must be completed prior to that date. 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 -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. 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 -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl' Schwing Supervisor; Regulation &.Planning, Orange County Area Mr. Mark Delaplaine, California Coastal Commission Mr._Dan Swenson, U -.S. -Army Corps of -Engineers - --- -- Not to Exceed 1,000 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 § 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). It Caulerpa taxifolia surveys are valid for 90 days from date of survey ¢��gNT UFd�•n Bo a*$ • • '4tAres ur n Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES. CALIFORNIA 90053-2325 Carter Ford Lido Isle Community Association 701 Via Lido Soud Newport Beach, California 92662 February 24, 2011 SUBJECT: Preliminary Jurisdictional Determination Regarding Presence of Geographic Jurisdiction Dear Mr. Ford: Reference is made to your request (File No. SPL -2010 -01146 -SME) dated December 22, 2010, for a preliminary Department of the Army jurisdictional determination (JD) for the 345-465 Via Lido Soud Dredging Project site located within the City of Newport Beach, Orange County, California. As part of the evaluation process, we have made the jurisdictional determination below. As you may know, the Corps' evaluation process .for determining whether or not a Department of the Army permit is needed involves two tests. If both tests are met, then a permit is required. The first test determines whether or not the proposed project is located in a water of the United States (i.e., it is within the Corps' geographic jurisdiction). The second test determines whether or not the proposed project is a regulated activity under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. As part of the evaluation process, pertaining to the first test only, we have made the jurisdictional determination below. Based on available information, it appears waters of the United States may be present on the 345-465 Via Lido Soud Dredging Project site in the approximate locations noted on the enclosed drawing. The basis for the preliminary JD can be found on the enclosed "Preliminary Jurisdictional Determination Form." Please sign and date this form and return it to the issuing office within two weeks of receipt. Please note preliminary JDs are non-binding "... written indications that there may be waters of the United States, including wetlands, on a parcel or indications of the approximate location(s) of waters of the United States or wetlands on a parcel. Preliminary JDs are advisory in nature and may not be appealed." (33 C.F.R. 331.2.). The permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain art approved JD for this site. The option to obtain an approved JD in this instance and at this time has been declined. For purposes of computation of impacts, compensatory mitigation requirements, and other resource mm protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the United States. Please be reminded that preliminary JDs may not be appealed through the Corps' administrative appeal process set out at 33 C.F.R. Part 331. Preliminary JDs are fully explained in the enclosed Regulatory Guidance Letter 08-02, dated June 26, 2008. Further, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official deterinination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This determination has been conducted to identify the extent of the Corps' Rivers and Harbors Act and Clean Water Act jurisdiction on the 345-465 Via Lido Soud Dredging Project site identified in your request. This deterinination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. If you have any questions, please contact me at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.armymil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: htW://per2.nwp.usace.armymil/surveyhtml. Sincerely, Stephen M. Estes Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures M:j: Lot -.4 4-M C3 Jill 1 O I g. L4 O rrf�� w, 92 ` -- 'A �s —_------- -- -- Cj2 0 r41 v 7(i / l!'� ea. r� .E-4.'�" �� — �._��..a.�,_.._., � �__..��•-.._,' QPR'rU�,J .S� 7`P / .80 Y,toco .51 e -e -'L 40 � �ae-r- ui7erl( n Y FIDE,/ r � &q (G�QC4L e �eQI �or�"ckC75r f= d,14 a�M$ CA =0- %4ce-e. 36�n�tib, p o� / C C. -l Pry 'J �� - .30 0 8 /o c k /-ry� J �r 7 w HARBOR RESOURCES DIV. �arrpw CITY OF NEWPORT BEACH / S �2O wk b2 toxo /z9JaA low eV /a cep WQ. 42 /ace San c,_ '171141 L L, W Av"a �� o con c,.e t 4 LUA � I<wa `' / EEL GRAYS INSPECTION ! 0 Eelgrass within 15' of project Cn roo wt ,�j Q CL- , h W; �►"ct C �° r ❑ Eelgrass within 15 - 30' of project 7-0 .� o �' ea L /Z 3 41 `RMo elgrass inproject area / ,/D�Dr('ou/ 5! �5 = �• �i) o�cr^Q_ Signature. fi f e � 7—c2TQ , � r a t 6 ( inspe7cttii�on Date & Time lrYl C;L �tti� �0 Qac f` trOOi►rtil _.� ; rrf�� w, 92 ` -- 'A �s —_------- -- -- Cj2 0 r41 v 7(i / l!'� ea. r� .E-4.'�" �� — �._��..a.�,_.._., � �__..��•-.._,' QPR'rU�,J .S� 7`P / .80 Y,toco .51 e -e -'L 40 � �ae-r- ui7erl( n Y FIDE,/ r � &q (G�QC4L e �eQI �or�"ckC75r f= d,14 a�M$ CA =0- %4ce-e. 36�n�tib, p o� / C C. -l Pry 'J �� - .30 0 8 /o c k /-ry� J �r 7 w HARBOR RESOURCES DIV. �arrpw CITY OF NEWPORT BEACH / S �2O wk b2 toxo /z9JaA low eV /a cep WQ. 42 /ace San c,_ '171141 L L, W Av"a �� o con c,.e t 4 LUA � I<wa `' / EEL GRAYS INSPECTION ! 0 Eelgrass within 15' of project Cn roo wt ,�j Q CL- , h W; �►"ct C �° r ❑ Eelgrass within 15 - 30' of project 7-0 .� o �' ea L /Z 3 41 `RMo elgrass inproject area / ,/D�Dr('ou/ 5! �5 = �• �i) o�cr^Q_ Signature. fi f e � 7—c2TQ , � r a t 6 ( inspe7cttii�on Date & Time lrYl C;L �tti� �0 Qac f` trOOi►rtil PRELIMINAR Y JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office Los Angeles District File/ORM # SPL -2010 -01146 -SME PJD Date: Feb 24, 2011 State CA City/County Newport Beach/Orange Nearest Waterbody: Newport Bay Name/ Address of Carter Ford - - - - Lido Isle Community Association Location: TRS, Person Requesting 701 Via Lido Soud LatLong or UTM: 33.61154:-117.92147 PJD Newport Beach, California 92663 Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: Newport Bay Non -Wetland Waters: Stream Flow: on the Site Identified as 1,234 linear ft 63 width 179. acres N/A Section [OWaters: Non -Tidal: _.. _....____ A Office (Desk) Determination, - 'Trip: Wetlands:� Cowirdin acres) h' Class: Estuarine Field Determination: Date of Field SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): f7. Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: IMaps and plans submitted on January 11, 2011 f- Data sheets prepared/submitted by or on behalf of the applicant/consultant. F- Office concurs with data sheets/delineation report. r. Office does not concur with data sheets/delineation report. f-- Data sheets prepared by the Corps Corps navigable waters' study; r U.S. Geological Survey Hydrologic Atlas: C USGS NHD data. r USGS 8 and 12 digit HUC maps. F- U.S. Geological Survey map(s). Cite quad name: r USDA Natural Resources Conservation Service Soil Survey. Citation: C National wetlands inventory map(s). Cite name: f- State/Local wetland inventory map(s): C. FEMA/FIRM maps: f7 100 -year Floodplain Eleeafion isi F7 Photographs: r_ Aerial (Name & Date): Google Earth 2011 A, Other (Name & Date): photographs submitted on January 11, 2011 f` Previous determination(s). File no. and date of response tetter: C Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and hQ_uld n be relied upon for later jurisdictional determinations. Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD (RFQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Cops of Engineers believes that there may be jurisdictional waters of the United States on the subject site. and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (.TD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain arm approved JD in this instance and at this tune. 2. in any circumstance where a permit applicant obtains an individual permit. or a Nationwide General Permit (N\VP) or other general permit verification requiring "preconstruction notification" (PCN), or requests verification for a non -reporting NIVP or other general permit, and the pert applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based an a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request ani approved JD before accepting die terms and conditions of the pemtit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the N WP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terns runt conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (0) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action- or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either art approved JD or a preliminary JD, that JD will he processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be adminishatively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site. or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result as soon as is practicable. PRELIMINARY JURISDICTIONAL DETERMINA TION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Appendix A - Sites District Office Los Angeles District File/ORM # SPL-2010-01146-SME PJD Date: Feb 24, 2011 State CA City/County Newport Beach/Orange Person Requestinq PID Carter Ford Est. Amount of Site Aquatic Resource Class of Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource ] 33.61154 117.92147 Estuarine 1.79 acres Section 10 tidal Notes: This preliminary JD is associated with the 345-465 Via Lido Soud Dredging Project. The entire review area is intertidal, navigable waters of the United States. �1 REPLY TO i ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Carter Ford Lido Isle Community Association 701 Via Lido Soud Newport Beach, California 92662 February 24, 2011 SUBJECT: Determination Regarding Requirement for Department of the Army Permit Dear Mr. Ford: I am responding to your request (File No. SPL -2010 -01146 -SME) dated December 22, 2010, for clarification on whether a Department of the Army Permit is required for the 345-465 Via Lido Soud Dredging Project, located within the City of Newport Beach, Orange County, California. The Corps' evaluation process for determining whether or not a Department of the Army permit is needed involves two tests. The first test determines whether or not the proposed project is located within or contains a water of the United States (i.e., it is within the Corps' geographic jurisdiction). The second test determines whether or not the proposed project includes an activity potentially regulated under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. If both tests are met, and the activities in question are located within the Corps' geographic jurisdiction, then a pen -nit would be required. As part of our evaluation process, we have made the determination below. Geographic Jurisdiction: Based on the preliminary jurisdictional determination dated February 24, 2011, we have determined the 345-465 Via Lido Soud Dredging Project site contains water(s) of the United States pursuant to 33 C.F.R. §325.9. Activity: Based on the information you have provided, we have determined the proposed work, were it to occur in navigable waters of the United States (see above, "Geographic Jtcrisdiction"), would involve work or structures in or affecting navigable waters and therefore, would be regulated under Section 10 of the Rivers and Harbors Act. -2— In addition, based on the information you have provided, we have determined the proposed work, were it to occur in waters of the United States (see above, "Geographic jurisdiction "), would involve a discharge of dredged or fill material and therefore, would be regulated under Section 404 of the Clean Water Act. Requirement for a Department of the Army Permit: Based on the discussion above, we have determined your proposed project involves a regulated activity located within the geographic jurisdiction of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act and therefore, Section 404 and 10 permits would be required from our office. If you have any questions, please contact me at 213-452-3660 or via e-mail at Stephen.M.Estes@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.nwp.usace.armymil/surveylltml. Sincerely, Stephen M. Estes Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures '1• v ' `` l!,`� \ -- , ` it , •� •J� �r-�rl `rI $ e, ' t .•{. is -t •, \ r ; j I r i� o q ta 5:..-f; it , �\�• : � ; ylf 5i 1 r ..1 i t '"� "ice-{ ~ Q'i I. {d ----1i-f as L I' II, H'i J th" it S( •ti r +j l %f 9a f {� 1-41 I to ni �;'• ` r� c^ $tir t 'lkr, (,', i 4it, rrrji It '. �j !� /��:,\y•(� /! /: �'jr r" �r���'� 7ir1 ,fflJ,_l('i NN 70 M I� l y`�c ` 7' f(- ��rs; .. +r�s,;St"` �� v�?::••' ,"„ fir 5t � d � 1 p7 v• l \) �•�-.x;771 Lt/j.!�'�ct'+\> t -� =s� n v -_-_-_-_\ \�� / l\ ` ` `�. � � P -770 G. C k, 41,-P- C- C --s /yP/e-c ro ',`le _ y/UU /per ,gyp Soucy of 4 4 ' i F+11� Scot`]' LiVq it^D- ye r eo LO 51' 4.:, 0.1 Sa r'.l/ s'. le = [j./.sucr2 �Dlia I 09r'iMloac�-0.j 7acf2 T7,, W 'Vol, 1 AaP�pW RBOR RESOURCES DIV, s 1, `c-- A,, CITY OF NEWPORT BEACH 7 -ye rcc.. 300 a loc k �,vQv Souk 3i(one.kbr, yar S �( �2 � ►►'� t� 2 �o w h'!`E ccrl �a u1 e p �o ui w2 7"P 2 //�Z 7�/c� > A" C -e San �� t� �!'� L L W e6 �� � fi c o .� c ""e �e `' / EEL. GRASS INSPECTION /_ Cl Eelgrass within 15' of project c w r V, CL c �ci �` ❑ Eelgrass within 15 - 30' of project // `RfNo elg`rass in roject area 7-O T- ( Z -f a r- l- . To �a C r e s o 19 r f o u! 51 S = v ee c r' 2 =" s Signature a c f' -2 r 0 7-C2 inspection Date & Time rv� � e- Gi k Co -Qac I r�o o nv , ,1 = � r G l December 22, 2010 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 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, $77 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 _-.7� Via Lido Soud-Lido Isle Community Association 6, 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.newportbeachca.gov/harborresources Applicant Name: HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.nemMort-beach.ca.us/hbr DREDGING APPLICATION Project Site Address: CITY CHECKLIST W Applicant address, phone number IA Agent & Contractor name, address, phone number (if applicable) Ik 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 final 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 beach disposal, linear feet of affected beach area ® Dredging and Disposal Operations Schedule I 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 X Location of existing dock structures 9 Location of existing dock structures on adjacent properties �I 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 d Survey for presence of eelgrass within 30' of the entire project area ❑ Yes ® No Eelgrass within 15' of entire project area. Proiect 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 proposed dredge disposal footprint, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the proposed dredge disposal footprint, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: Eelgrass Stamp ® Caulerpa Survey Z Survey for Caulerpa within 30' of the entire project area SCJ 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 `K Project is over (check one box): © 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 lel Check made payable to The City of Newport Beach ® Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application I1 Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) HARBOR RESOURCES DIVISION v.6-22-07 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr 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: Mar S/ e5 Pct & x /Y9 Fr A -x boa. ` 2- 6 4 Z, 4 7 j -- Zo 7.1 L.i &t p s e orh m acre.,' t y 19 s5oc(It fl0n -- Ca, e'er r 701 CJia +�v .Soua /1/ewPar f eiea-C h C/1 "ZG6 z- qy 6 170 Agent & Contractor Name, Address, Phone Number (if applicable): Mar S/ e5 Pct & x /Y9 Fr A -x boa. ` 2- 6 4 Z, 4 7 j -- Zo 7.1 Project Site Address: Assessor's Parcel Number: .9D 3 viff G 1,44 So u L/6 S�U�� �,�c, S'o4 c-� Z - 75 -o�] W -e n., -Q .4 �- Dredge Site: Latitude IW3-3036.76 7 1 Longitude (AJ /l7 O g � 3 3 9 Disposal Site '.- .1l P^off Q c'� Beach Disposal: Latitude n)�? 3 6 Lf `� Longitude w /l / o ��J f' Ocean Disposal (LA -3): Latitude 33° 31' 00" Longitude 117'53'30" 'urpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): kS ke-e man -/?) e -0 Q 2u- 4 / aS + Sq r llpow, toe c F .bea,c k aptprox 5Q ' 4"b +7 icy erllec� w,e//1w-r Regional General Permit 54 Dredging Application Page t Method of Dredging (Hydraulic, Clamshell, Tractor etc...), Vessel and Equipment Description: s tr,p e- - rtt .er tro.0�Q a m0 V s cc V) S wt0,11 .2xcc""C. �o r +Z) r-eo'c.' 6.4 low ft�� 1,It Vessel(s) Captain FIVO (JQ s5 e IS i'UJ� Dredging Operations Inspector Disposal Operations Inspector C tv Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total): 1-9 E d Area Impacted (in acres): If Beach Disposal Is Used, Linear Deet of Affected Beach Area: Acres Linear Feet Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities: I/f N kin o w ✓�— Dredging and Disposal Operations Schedule: / 76- a /<-e u ` a J,✓c vi T <I P 'a' J�'1 i n �f S T� ' �' S - Z h o-�G / 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. Scaled drawings of the project and disposal areas (plan view and cross sectional view) Site address Location within the Harbor j 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 adjacent properties Location of Bulkhead, Pierhead and Project Lines Dredge depth (limited to -7 MLLW with a i' allowable overdraft) Photo(s) of entire dredge and disposal areas at low tide (including 30' buffer area), with emphasis on eelgrass Regional General Permit 54 Dredging Application Page 3 �F 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 www.newport-beach.ca.us/hbr Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area (dredge and disposal site) tX Grain Size Analysis A. (1) sample per'/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) B. If beach disposal, sample(s) must be at least 80% sand F Project is over (check one box): V City Tidelands L-; County Tidelands (State Lands Commission Dredge Lease Approval) (- 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 (^ Linda Isle owner's approved area Check made payable to The City of Newport Beach (See Harbor Resources website for appropriate fees) ��00 Check for made payable to Santa Ana Regional Water Quality Control Board 77 Project areas at the Rhine Channel, Newport Island, Promontory Bay, the West Lido Channel or from within 1,000 feet in any direction from the 15`h Street public pier are not eligible for dredging under this Permit. Regional General Permit 54 Dredging Application Page 4 I, f ✓� k k _S/(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 RGP 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 su mitted to and received by.Earbor Resources by the 1' Monday of eves month. Applications submitted prior to this deadline are encouraged and appreciated. and / or Agent Signature x/7//6) �wLw e — ��' y J 51 f70 - 11 Iva 11 (KAe LA 6Y' %70 �rrteAlr ��� f l�� ►� �a o L�►P�G- - /. z z rrcrr� S�wr� L�✓�e Pro f,'R/oc- cX ( 44 (c �accv- e Q Toles 1 ►'2� a� �M�act: Q.� 76L 17, 16"9 YY 7 �/j1CC W • °f BOR RESOURCES DIV. r �orroty-S'M�,w CITY OF NEWPORT BEACH 7v -,o,, c,,- / P/'v �, %e -.300 Q toe- k 4 Je Souc 3�d Gk�.y >T" S �C wk t� � -¢aA �a�v er /D W wa, 7�2 1117, 710 �-e Loci � �� tow /rl > c -e Sa n Ck 0'_4 t7 //q L L u) ¢o �o >%� G c o � c -.e �4tltL/dAW 14SPECTION Cron � -��-c � w' d" � 'tea c �o r` ❑ Eelgrass within 5' of project ❑Eelgrass within 15 - 30' of project No wt E (grass in project area D a. ,� � C � ►'� -e �-- o � a r re u/ S � 7-e S Signature � Q , � (� cc.c,�k.._ � � ��,U . I lgg5' jk ib S % Te Inspection ®ate & `time Q /4 1 2 � D 4- Gs G f k 2 �0 1 4c rtol m I C T �d��lCabfC- i-ds--5'�e STATION LOCATION:300 Block Via Lido Soud SAMPLE COLLECTION DATE: 12.(2/2010 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1961) COLLECTED BY: Intracoastal Dredging 12/3/2010 A S BORROW SITE FILL SITE Total Dry Weight of Sample: 01.11 grams (g) 46.01 grams (g) Analysis Weight (Split Wt.): 51.11 0 46.61 g Visual Description: A light brown fine sand A light brown fine sand with small shell hash with small shell hash Fraction Fraction Fract"ion Fraction Weight % of iotas Weight % of Total Graven 1 Shell Hash Fraction: 1.10 g 2% 0.57 g 1 % >2.0mm (> -1�) #10 Sieve Sand Fraction: 59.70 g 98% 47.56 g 98% <2.Omm >0.063mm (< m1 � > 4�) #230 Sieve Silt / Clay Fraction: 0.31 g 0.0% 0.43 g 1 % e0.063mm < 4 COLLECTION Outline of sample collection and analysis: Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately 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 softie and the clear water is removed by siphoning. The sample is placed in a drying oven at 50°C 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 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 gravol/shell and sand fractions from the total analysis weight. MRC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 02626 STATION LOCATION: 400 Block Via Lido Soud SAMPLE COLLECTION DATE: 12/2/2010 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1901) COLLECTED BY: Intracoastal Dredging 12.13/10 C D SORROW SiTE FiLL SITE Total Dry Weight of Sample: 62.21 grams (g) 34.23 grams (g) Analysis Weight (Split Wt.): 62.21 g 34.23 g !usual Description: A light brown/grey tine sand A light brown fine/medium with small shell hash sand with small shell hash Fraction Fraction PractG Fraction Weight % of iotas Weight % of Total Gravel / Shell Hash Fraction: 0.72 g 1 % 0.17 g 0 % >2.Omm (> -1�) 10 Sieve Sand Fraction: 61.2E g 99% 33.77 g 99% <2.Omm >0.063mm (< -1� > 4�) ##230 Sieve Slit / Clay Fraction: 0.21 g 0% 0.29 g 1 % <0.063mm < 4 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 containers and immediately 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 50°C 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 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 siit/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/sh6li and sand fractions from the total analysis weight. MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626 This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. te Name: t Lido Island. Public beach between 345 and 465 Via Lido Soud, ommon reference) Newport Beach. Survey Contact: [Mark Sites (949) 675-1071 mark sites@yahoo.com (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOE Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: West end of project: Middle of project: (UTM, Lat./Long., N 33 36.757' N 33 36.684' datum, accuracy level, W117 55.338' W 117 55.291' attach electronic survey area map if possible) East end of project: N 33 36.649' W117 55.157' Was Eelgrass Detected: Yes, Eelgrass was found at this site. XXXXXX No, Eelgrass was not found at this site. Description of Push sand from area of low tide to approximately +7' MLLW Permitted Work: using small tractors. Work will be performed at low tide. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +7' MLLW to —6' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate Sand type: Temperature: 61 F Salinity: NA Dominant flora: None Dominant Mussels on dock floats and pile. fauna: Exotic None species encountered: Other site None description notes: Description of Survey Effort: Survey date and time October 29, 2010 1445-1610 (SCUBA survey) (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal 5` visibility in water: Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Reporting Form (April 2009) Survey type The entire beach area was walked during a low tide. and Additionally, a SCUBA survey was performed methods: utilizing two transect parallel to the entire beach area to a depth of approximately -6' MLLW. C1Survey I personnel: Mark Sites Survey Greater than 70% density: Survey Low sun angle, but above average visibility. limitations: Other Information: Project drawing and aerial attached. (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) 17 all l�, [� ? �'��' s, _ f�4. `t`:R�',t1J''\ �{ `_�, //,I �/ Ir ))t5� �f�'/�-11��I�/ , '�(�' -IJ A y Ell Ov, I 16W Nx�'% (( }111 "' J% I ._�7�II(�� r lit �;'?)l too )JAI III I .......... I 0 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: November 9, 2010 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Lido Island. Public beach between 345 and 465 Via Lido Soud, Newport Beach (address or common reference) Site Coordinates: West end of project: N 33 36.757', W117 55.338' (UTM, Lat./Long., datum, Middle of project: N 33 36.684', W 117 55.291' accuracy level, and an East end of project: N 33 36.649', W 117 55.157' electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOS Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? 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 XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the Push sand from area of low tide to approximately +7' MLLW work to be conducted at the site under the permits using small tractors. Work will be performed at low tide. identified above) Description of Site: Depth range: +7' MLLW to —6' MLLW (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into Substrate type: Sand Temperature: 61 F Salinity NA Dominantflora.- None variability, if known. Please provide units for all numerical information). Dominant fauna: Mussels on dock floats and pile Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Effort: Survey date and time period: October 29, 2010 1445-1610 (SCUBA survey) (please describe the surveys Horizontal 5' conducted including type of visibility in water: 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: The entire beach area was walked during a low tide. Additionally, a SCUBA survey was performed utilizing two transects parallel to the entire beach area to an approximate depth of -6' MLLW Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 70% Survey limitations: Low sun angle. Above average visibility. 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DESCRIPTION F WORK_ ire -glare pl L' WeuN USE # OF STORIES VALUATION $ -71000'�-` NEWEI ADD Q ALTER DEMO ❑ SD FT (NEW/ADDED/EXTG) Check Appropriate Box FormsOdg_applicaiion 10-18-02 ST R 0 3. OW R'S NAME LA I - Ll CIO Es le- Y6Lc'L+cl Lt Isle- blo- ml As5oc - OWNER'S ADDRESS \ OWNER'S E-MAIL ADDRESS STATE ZIP PHONE NO. YY'CITY !�� 2 2 -la .��j73—& / 70 ❑ 4. ARC ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. F] 6. CONTRACTOR'S N E � L M. ?arr BUSINESS LIC. '193034 STATE LIC. N0. !$ Class J`''t • L �J CONTRACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS CITY ST TE ZIP IPHONE N 6�ds Lf �Ll� OFFICE USE ONLY PERMIT NO. T`>`PE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY - GROUP PLAN CHECK ENG. FormsOdg_applicaiion 10-18-02 � 1� `9 LIF ORS Action DREDGING PERMIT Harbor Resources Division 1ce-J,(t; 36-0 Address: VI"a bea-e � Pier Permit #: -7d- - 7 v / Status Comments: Date: Application Received Eelgrass Inspection Eelgrass No Date: present Yes H. R Approval to Comments: Completed Submit to Agencies Date: / Sent to Corps/Costal Date: OK from Corps Yes � � No OK from Coastal Yes -71 � No Dredging Approval H. R. Initials: Date: Completion Report Date: Received Comments: Feb 03 06 01:24p Neil MacFarlane 949-723-5236 p.4 02/02/2066 THU f0,22 PAX -'- POST DREDGING COMPLETION REPORT 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. 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. x'72 ' 7G I "a C.;do }jeaoh 1Soc1 i 100- so" Start Date: Completion ate: ` me \1 2 `i Z.s v � No\t -3,0 5 Total dredged material to Beach: To Sea (LA3): 1� 1`80 CUA/a.1 Total acreage impacted: b oo L:7 os - - I Z yW AcYe� Mode of dredging and transportation, and method and frequency of disposal: Qvbk?ef�Yo41�- (_code✓ Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: N /(4 Yes No Form of dredged material: 00"IPJ Sa nd)( Cohesive Procedure and location where the disposal barge or scow was washed: N/A 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 permit shall be explained in detail. All conditioning permits were met: Yes No N /R Post -project surveys of Eelgrass beds potentially affected by the dredging: No} nEcessary -i's no ed."f3 uv:t{ piesenf o -f Gired!!PNn3 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 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 properly gather and evaluate the information submitted. Based on my inquiry of the 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 information, including the possibility of fine and imps/'onment for knowing violations.�,/�� v bignature June 21, 2005 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 To: Respective Agencies Approving Dredging Applications RE: Via Lido Nord Beach, Blocks 300 to 500 Dear Agencies, Please accept the attached dredging application for your review. I am writing to explain the reason for the lag time between the original submittal date and the current request for review by your departments. This application was submitted around November 2004 but it was later discovered that the total cubic yards exceeded the limit as prescribed by the permit. The City then asked the applicant to redefine the scope of the project. As the heavy winter storms hit the area, the applicant was preoccupied with other responsibilities and did not redefine the scope. Hence, the lapse in time from the submittal to present. We sincerely apologize for any inconvenience this may have caused you and hope that the following application will be approved as the applicant is quite concerned. Thank you for your understanding and patience. Chris Miller Harbor Resources Supervisor (949) 644-3043 cmillerQcity.ne�yport-beach. ca.us 051 MOW Ze zI.P 0 STATE & FEDERAL AGENCY DREDGING APPLICATION Permit No. 172-701 Payment: $455.00 Check No: 1516 Date: 8/13/04 Project Location: Via Lido Nord Beach, Blocks 300 to 500 Latitude/Longitude: 33036'49"N; 117055'04"W to 330 36' 56"; 1170 55' 16" W Cubic Yards to be Dredged: Approximately,9,6-3-cubic yards to be reshaped/relocated from tidal range to higher levels of beach to restore erosion. Z}81 c u61 c yci,ds Method of Dredging: Use of T200 rubber track loader and 426 4 wheel drive excavator supplied and operated by contractor, "Tight Quarters". Nature of Dredged Material (Grain size data): Same material from original beach being reshaped/relocated on same beach so grain size unchanged. Disposition of Dredged Material: Exiting material simply relocated from low water level to above high water level where it originated. Method of Material Disposition: Material excavated from low tidal zone and spread directly above high tide level. Effect -of Dredging on Contiguous Bulkheading and Beaches: None — simply reshaping of existing beach with existing sand to restore original profile. All work will stay -25' away from any eelgrass. Project Begins: November 04 Project Ends: December 04 Page 2 Dredging Application 1, &8ij (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. Applicant — Please Print Con ctor Please Print 8l3t aq Date - - Signed: - V Applicant/Agent RISK DISCLAIMER This agreement for Risk Disclaimer, is made and entered into this 3 qday of -; , 2004, by L,�bZs�,,1►� , in partial fulfillment of the Conditions of Approval of The City of Newport Beach Harbor Resources Division Harbor Permit Application No. r7s - ryaf,i Lscy.h as required by the California Coastal Commission ("Commission"). 9�3m 172 -So -a -d i'�eaoti RECITALS 175 -N&-'4 �earM 1'72-173 So -d �evdh A. LICA filed with the City, Harbor Permit Application No. v7z_ c.xcn to obtain the permits necessary for maintenance dredging of material in front of the residential property in the City of Newport Beach, Orange County, which is located with the California Coastal Zone. (Dredged material to be hauled to sea and dumped or placed on an adjacent beach.) B. The Commission has imposed various conditions upon its approval of Harbor Permit Application No. r75- nladtN Nor the dredging. 172-0 5" team 02 - c.Zct� C. In compliance with the conditions imposed by the Commission, hereby acknowledges and agrees as follows: COVENANTS RISK DISCLAIMER A. By acceptance of these Permits, L. acknowledges and agrees that the site may be subject to hazards from waves, erosion and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. Property- rrer 7 0 l VIA Property Address STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite1000 Long Beach, CA 90802-4302 June 29, 2005 (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: 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 #t Site Address Beach Disposal Qt cu. ds Ocean Disposal Qtyt cu. ds Cumulative T otal� for 2005 175-844, 900, 904 844,900 & 904 Via Lido Nord 332 0 109-1807 1807 E. Bay Avenue 220 0 133-16 16 Linda Isle 0 240 133-98, 133-99 98 & 99 Linda Isle 0 800 114-328 328 Buena Vista Blvd. 0 160 Balboa Isl.-Area 1 S. Bay Front, b/t Grand Canal & Abalone Ave 267 0 Balboa Isl.-Area 2 S. Bay Front, b/t Marine Ave. & Onyx Ave. 305 0 Balboa Isl.-Area 3 S. Bay Front, b/t Sapphire Ave. & Diamond Ave. 326 0 Balboa Isl.-Area 4 N. Bay Front, b/t Onyx Ave. &. Amethyst Ave. 444 0 Balboa lsl.-Area 5 E. Bay Front, Park Avenue street end 119 0 172-701 Blocks 345-500, Via Lido Soud 463 0 172-701 Club House Beach, 701 Via Lido Soud 370 0 172-701 Blocks 300-500, Via Lido Nord Beach 481 0 None Fernando Public Dock E. Edgewater Ave. 365 0 None 15th Street Public Dock @ W. Bay Ave. 430 0 105-1501 - 1501-1513 E. Bay Ave. 340 0 110-1134 1132 & 1134 E. Balboa Blvd. 110 0 132-153 147 Harbor Island Road 147 0 175-640 640 Via Lido Nord 200 0 109-1613 1613-1615 E. Bay Ave. 240 0 142-34 34 Harbor Island 130 0 Sub -total $289 1200 Year-to-date total 9357 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 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. ' 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 Condition Compliance - 5-99-282 Consistency Certification Compliance — CC-078-99/CC-077-01 Page 2 of 2 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 any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, 7� .. �� c0 larl Schwi ;" Supervisor, Regulation & Planning, Orange County Area Cc: - Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS . P.O. SOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF: July 19, 2005 Office of the Chief Regulatory Branch Mr. Chris Miller City of Newport Beach Harbor Resources Division PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Miller: This is in reply to your applications dated June 21, 2005, 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 twenty project sites within Newport Bay (see below). USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 2.00501654-1 172-701 300 to 500 Via Lido 481 Yes — No Nord Supratidal 200501654-2 172-701 345-500 Via Lido Soud 463 Yes — No Supratidal 200501654-3 172-701 701 Via Lido Soud 370 Yes — No Supratidal 200501662-1 175-844 844 Via Lido Soud 110 Yes — No Supratidal -2- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501662-2 175-900 900 Via Lido Soud 111 Yes — No Supratidal 200501662-3 175-904 904 Via Lido Soud 111 Yes — No Supratidal 200501663 109- 1613-1615 East Bay Ave 240 Yes — No 1613 Supratidal 200501664 109- 1807 East Bay Ave 220 Yes — No 1807 Supratidal 200501665 105- 1501-1513 East Bay Ave 340 Yes — No 1501 Supratidal 200501667 110- 1132-1134 East Balboa 110 Yes — No 1134 Blvd. Supratidal 200501668 175-640 640 Via Lido Nord 200 Yes — No Supratidal 200501669 142-34 34 Harbor Island 130 Yes — No Supratidal 200501670 132-153 147 Harbor Island Dr. 465 Yes — No Supratidal 200501673-1 Area #1 SBF Abalone Public 267 Yes — No Beach Area 1— Balboa Is Supratidal 200501673-2 Area #2 SBF Abalone Public 305 Yes — No Beach Area 2 — Balboa Is Supratidal 200501673-3 Area #3 SBF Abalone Public 326 Yes — No Beach Area 3 — Balboa Is Supratidal 200501673-4 Area #4 NBF Onyx Public Beach 444 Yes — No Area 4 — Balboa Is Supratidal -3- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501673-5 Area #5 EBF Park Ave Public 119 Yes — No Beach Area 5 — Balboa Is Supratidal 200501674-1 None Fernando Public Dock 365 Yes - No at E. Edgewater Supratidal 200501674-2 None 15"' St. Public Dock at 430 Yes — No Bay Ave Supratidal Totals 5,607 5,607 cy 0 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. Furthermore, you must comply with the following non -discretionary Special Condition: 1. The permittee shall complete all dredging and beach disposal activities prior to January -24,2006. Should additional time be required, the permittee shall conduct anew eelgrass presence/ absence survey per the requirements of the Southern California Eelgrass Mitigation Policy (see: http://swr.nmfs.noaa.gov/hcd/eelpol.htm) and submit results to the Corps with a request for additional time. 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. -4- I am forwarding copies of this letter to: Mr. Karl Schwing; California Coastal Commission, PO Box 1450, Long Beach, California 90802-4416; Mr. Bob Hoffinan, NOAA Fisheries, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch 3 Kil w IN 3: r n M :)a rn-- rn CO) ca ca M, 74 M cn 9 r, 00 n Z IN 3: r n M :)a rn-- rn IN V I A L..► pa tb a cZ Q 6 tg ,�L, 'i�R-v i �t� 5 �- i o , o t �..011t �. � 17► v c� r1 �3 � �4 c.�. Cy�l o%i,�,� Ll Yvs A r -b LSUP4 S �l Arr+� s A--r' �o A �i M-2 3AE.� Pins,.► --ro M ► f.4 m- PC e 2- 8. a -T-7m pf 4.rS_v,,Wk Iia V5s a 'w(► si� r►es 6701zt'.6 Ar tA0R,o FV rex?- II / �CGQe {�ecluCFG TU 1 Gv� - Tdj(A► CUb' - HARBOR RESP G Dl\ ►� `V pd w ee - � - I{- Tri ri a � o� N CITY OF NE\NIP R Y BEACH -�„ 60. D I '�iZ.o g ► 1. i£ @ (�.� 2m c1 'S cfA-c-Ed � �1. v-�t. p� .. 4-10 ( �� l � CKSI_) Q S L dt 5c� loop t!%c2l �cst� 7�rL �c,4 tk l�JrLK S /T-z-/,. Aug 31 04 12:45p DAVID H LEE & ASSOC. 949-461-7901 r t: DAVID H, LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING ENGINEERING GEOLOGY !:j D F. L Neil MacFarlane LICA iD' ect DAVID H. LEE & ASSOCIATES Primary Business Address 23011 Moulton Parkway Suite D-1 I Laguna Hills, California 92653 Phone: 949-461-5690 Fax: 949-461-7901 email: dhla@dhla.eom https/fwww.dhia.com DAVID H. LEE,. PE, GE COLIN E. CUNNINGHAM. RG, CEG KAREN L. MASTERSON, MESO SANDRA D. HULL, BS p.2 August 31, 2004 or t 908 Zurich Circle Newport Beach, Ca 92663 Our Project K04.121.00 SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from the Tidal Zone of Lido Isle North Beach, Newport Beach, California 92660. Dear Mr. MacFarlane: Presented herewith are the results of our phi grain size analyses performed on the soil samples provided to us by your fine. The test procedures were in accordance with iAS T WL D 422$3 (1998) and U -S. Army. Corps of Engineers Report Number CETA 79-7 Criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, �;t01• ` ge�� IVC?. GE 5f0 � 1 EXP. 3-31-06 David H. Lee Karen R. Geraci, PE Geotechnical Engine OF CA�tFa� Project Engineer Attachments: Plate 1 -- Grain Size Summary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) \ �.D6iu�r\m:xrdxai,PRO/LC7:S�, KIti_::I.00\ KUt:2100_PFI!_GJ.iw,sn.�ta- Aug 31 04 12:46p DAVID H LEE & ASSOC. 949-461-7901 p.3 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ------------------------------------------------------------ 38-:1 _5:25 CLIENT: LICADIRECTOR PRQJECT: K04.121.00 0:0 19 -4.25 3/4" 0 0.0 Gravel 9.5 -3.25 318" 0 0.0 4.75 -2.25 4 0 0.0 2.83 -1.50 7 0 0.0 2 -1.00 10 0.2 0.2 -------------------------------- 1.41 -0.50 ------------------------------- 14 0.3 0.6 1 0.00 18 0.5 1.1 0.71 0.50 25 0.7 1.8 0.5 1.00 35 2.5 4.3 0.35 1.50 45 6.1 10.4 Sand 0.25 2.00 60 37.4 47.7 0.177 2.50 80 37.9 85.6 0.125 3.00 120 12.1 97j 0.088 3.50 170 1.7 99.4 0.075 3.75 200 0.2 99.6 0.063 4.00 230 0.1 99.7 ----------------------------------------------------------- Silt-Cla<0.063 <4.00 <230 0.3 t00 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by LICA DIRECTOR. The sample consists of a POORLY GRADED SAND (SP): olive (5Y 513); humid: fine to medium sand; trace shell fragments. The sample was labeled Sand From Tidal Zone, obtained from Lido Isle North Beach, Newport Beach, California at a depth of +3.0 feet to +4.0 feet MLLW. ' Dayid23011 H. Leen Associates, Inc. 77LTT GRAIN IN SIZ Q U1VllVIAR PHI 23011 Moulton Parkway, Susie D -1 'I lJl'\L"111 V w711 .Li iJ i Laguna Hills, CA 92653 , Telephone: $0-M-5690 Fax: 949-061-7901 CLIENT: LICADIRECTOR PRQJECT: K04.121.00 DATE: August, 2004 PLATE D� �� CAULERPA TAXWOLL4 REPORTING FORM Site Name: Lido Island Date of Survey: 27 August, 2004 Survey Contact: Lido Island Community Association Neil MacFarlane 949 723-5224 Permit Reference: Permits Pending Hydrographic S stem: Developed Harbor Specific Location: Lido Island, Newport Bay, California (See attached map) A- Lido North B- Lido South C- 701 Via Genoa beach Was Caulerpa Detected: No, Caulerpa was not found either subtidally or intertidally at any of the t nee surveyed sites. Description of Permitted Nourishment of beaches above the 0.0 ft MLLW tide line. Work: Nourishment will be accomplished using a dozer from the shoreline to move sediments to elevations above +0.0 ft MLLW. Description of Site: Site A- Sediments consisted of sand and shell from 0.0 General Location feet to approximately -5 feet MLLW. From -5 feet to -7 feet MLLW at the pierhead line, the sediments were Sediments mostly sand with a thin layer (1-2 inches) of fine silts on Water Visibility top. Beach sands were fine to coarse sediments. In general, Salinitv (General) the subtidal silts were finer at the east end of the beach than the west end. Water visibility varied from 3-6 feet on either side of the diver during the survey. Site B- Sediments were mostly sand and shell from 0.0 feet to -10 feet MLLW. Beach sands were fine to medium sediments. The water visibility was approximately 3 feet on either side of the diver throughout the survey. Site C- Sediments in the area were sand from 0.0 feet to -3 feet MLLW. Beach sands were fine to medium sediments. Between -3 feet to -10 feet MLLW, the sand was replaced with fine silts. Visibility was 3 feet on either side of the diver. Salinity is variable, from 20s to 35 ppt, depending on depth and the time of year Survey Effort: The field survey was conducted using the National Marine Fisheries Service Caulerpa Survey and Control Protocol (National Marine Fisheries Service, 2001). A low - intensity level survey was performed, since Caulerpa is not known to occur in Newport Bay. The survey was conducted on August 27fl', 2004 between 1000 and 1700 hrs. Personnel: The survey was conducted by Mr. Stephen Whitaker, Senior Field Technician of Coastal Resources Management. Survey Methodology: Area Surveyed: Methods: Site A, North Lido- The underwater survey was -conducted using SCTJBA. A total of 70 underwater transects were swam along 1500 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach nourishment_ project area size (including 10 meter buffer area below 0.0 ft MLLW) within Area of Potential Effect was 45,000 sq ft. Of the 45,000 sq ft in the APE, 12,600 sq ft of seafloor was surveyed. This accounted for 28 % of the area within the shallow subtidal habitat located on the seaward side of the APE project area. Transect visual width was a minimum of 3-6 feet. Bottom type, dominant bottom dwelling organisms, and the presence or absence of Caulerpa was noted along with depth, water visibility and water temperature. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site B, South Lido- A total of 49 underwater transects were swam along 1200 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach nourishment project area that was surveyed in the Area of Potential Effect was 36,000 sq ft. Of the 36,000 sq ft in the APE, 8,820 sq ft of seafloor were surveyed. This accounted for 25 % of the area within the APE project area. Visibility varied between 3-6 feet. Bottom type, dominant bottom dwelling organisms, the presence; or absence of Caulerpa, bottom depth, water visibility and water temperature were noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site C, Lido Community Association Beach- A total of 16 underwater transects were swam along 225 linear feet Physical Parameters: Water depths in the project areas ranged between -2 ft MLLW -10 ft MLLW. Water temperature was 69 degrees Fahrenheit, and underwater visibility varied from 3 to 6 ft. In Newport Bay, water salinity typically ranges between 20 and 33 parts per thousand (ppt). It can be lower during winter and heavy rainfall periods, due to inflows from the storm drain runoff into the harbor. Other Organisms Other flora and fauna observed at all three sites during the Observed: surveys included ectoprocts (Zoobotryon verticillatum), tunicates (Styela montereyensis) and (Styela plicata), juvenile barred sand bass (Paralabrax nebulifer), orange sponge, yellow sponge (Porifera, unid), bay mussels (Mytilus edulis), green algae (Enteromorpha sp.) and filamentous red algae. Burrowing, tube -dwelling anemones (Pachycerianthus fimbriatus) were observed at both Site A and Site B. The striped sea slug (Navanax inermiS) was observed at Site B and Site C. hydroids (Corymorpha palma) were present at Site A and Site C. Amphipods (Grandidierella japonica) were present at site A, along with colonial tunicates (Botryllus/Botrylloides spp). The round ray (Urolophus halleri) and several unidentified flatfish were seen at both Sites A and B. One festive murex (Pteropurpura festiva) was seen at site B. Site C was the only area where eelgrass (Zostera marina) was present. Two small patches of eelgrass were located within 25 feet of the proposed 0.0 ft MLLW beach nourishment limit, near the yacht club dock and the swimming/diving platform in front of the community association beach. Survey limitations: None. Z V 16 ♦o O Action DREDGING PERMIT Harbor Resources Division Bloe./� s 3Y5 Address: V'A k i t do Saud Pier Permit #: 7 ,;� - 7D / Status Comments: Date: Application Received Eelgrass Inspection Eelgrass present N Date: Ves H. R. Approval to Comments: Completed Submit Submit to Agencies Otc � Date - Sent to Corps/Costal / l lb b OK from Corps� Yes ©; No OK from Coastal/ YesNo ��- Dredging Approval H. R. Initials: Date: �� 7 Completion Report Date: Received Comments: Feb 03 06 01:24p (Veil MacFarlane 949-723-5236 p.3 o2/62/2466 TEfu to, 32 FAX �.._..._ POST DREDGING COMPLETION REPORT 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. 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: 72 - i01 �! u (-;do S oud 3"/S --S00 Start Date: 01 Completion Date: 3 0 Na -4 a� 2-.--v-5 NcV 41WZ 0 6 5 Total dredged material to Beach -To Sea (LA3): N e-16:5 Gob+cyords' Total acreage impacted: nog,. 11 5 U Q V. 0S - -- 1-1 v Mode of dredging and transportation, an d an�eGq{u�e sof d1sposal. A✓ober T rook Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: ly � A Yes No Form of dredged material: Osmlyl /SU„dy Cohesive Procedure and location where the disposal barge or scow was washed: n /A 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 permit shall be explained in detail. All conditioning permits were met: Yes No ti In Post -project surveys of Eelgrass beds potentially affected by the dredging: NA necessary _Eelgross in&+ pre'TpnI a f- dreofc�r 5If V.. The post -dredging report shall be signed by a duly authorized representative of the permittee. The permittee's representative shall make the following certification: certify under penalty of law thaf this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the 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 information, including the possibility of fine and impriprpnent for knowing violations. — — Z L &' /��— /I --� Si nature June 21, 2005 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 To: Respective Agencies Approving Dredging Applications RE: Via Lido Soud Beach, Blocks 345 - 500 Dear Agencies, Please accept the attached dredging application for your review. I am writing to explain the reason for the lag time between the original submittal date and the current request for review by your departments. This application was submitted around November 2004 but it was later discovered that the total cubic yards exceeded the limit as prescribed by the permit. The City then asked the applicant to redefine the scope of the project. As the heavy winter storms hit the area, the applicant was preoccupied with other responsibilities and did not redefine the scope. Hence, the lapse in time from the submittal to present. We sincerely apologize for any inconvenience this may have caused you and hope that the following application will be approved as the applicant is quite concerned. Thank you for your understanding and patience. ��bll 1 3 0A Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller(c-r�,cit newport-beach.ca.us STATE OF CALIFORNIA- THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 a Long Beach, CA 90802-4302 June 29, 2005 (562) 590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: 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 # Site Address Beach Disposal Qt cu. ds Ocean Disposal Qt t cu. ds Cumulative Totait for 2005 175-844, 900, 904 844, 900 & 904 Via Lido Nord 332 0 109-1807 1807 E. Bay Avenue 220 0 133-16 16 Linda Isle 0 240 133-98, 133-99 98 & 99 Linda Isle 0 800 114-328 328 Buena Vista Blvd. 0 160 Balboa Isl.-Area 1 S. Bav Front, b/t Grand Canal & Abalone Ave 267 0 Balboa Isl.-Area 2 S. Bay Front, b/t Marine Ave. & Onyx Ave. 305 0 Balboa Isl.-Area 3 S. Bay Front, b/t Sapphire Ave. & Diamond Ave. 326 0 Balboa Isl.-Area 4 N. Bay Front, b/t Onyx Ave. &. Amethyst Ave. 444 0 Balboa .Isl.-Area 5 E. Ba Front, Park Avenue street end 119 0 172-701 Blocks 345-500, Via Lido Soud 463 0 172-701 Club House Beach, 701 Via Lido Soud 370 0 172-701 Blocks 300-500, Via Lido Nord Beach 481 0 None Fernando Public Dock @ E. Edgewater Ave. 365 0 None 15th Street Public Dock @ W. Bay Ave. 430 0 105-1501. 1501-1513 E. Bay Ave. 340 0 110-1134 1132 & 1134 E. Balboa Blvd. 110 0 132-153 147 Harbor Island Road 147 0 175-640 640 Via Lido Nord 200 0 109-1613 1613-1615 E. Bay Ave. 240 0 142-34 34 Harbor Island 130 0 Sub -total 5289 1200 Year-to-date total 9357 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 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. 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 Condition Compliance - 5-99-282 Consistency Certification Compliance — CC-078-99/CC-077-01 Page 2 of 2 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 any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely,/ arl Schwi Supervisor, Regulation & Planning, Orange County Area Cc: - Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Chris Miller City of Newport Beach Harbor Resources Division PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Miller: July 19, 2005 This is in reply to your applications dated June 21, 2005, 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 twenty project sites within Newport Bay (see below). USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501654-1 172-701 300 to 500 Via Lido 481 Yes - No Nord Supratidal 200501654-2 172-701 345-500 Via Lido Soud 463 Yes - No Supratidal 200501654-3 172-701 701 Via Lido Soud 370 Yes - No Supratidal 200501662-1 175-844 844 Via Lido Soud 110 Yes - No Supratidal -2- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501662-2 175-900 900 Via Lido Soud 111 Yes — No Supratidal 200501662-3 175-904 904 Via Lido Soud 111 Yes — No Supratidal 2000501663 109- 1613-1615 East Bay Ave 240 Yes — No 1613 Supratidal 200501664 109- 1807 East Bay Ave 220 Yes — No 1807 Supratidal 200501665 105- 1501-1513 East Bay Ave 340 Yes — No 1501 Supratidal 200501667 110- 1132-1134 East Balboa 110 Yes — No 1134 Blvd. Supratidal 200501668 175-640 640 Via Lido Nord 200 Yes — No Supratidal 200501669 142-34 34 Harbor Island 130 Yes — No Supratidal 200501670 132-153 147 Harbor Island Dr. 465 Yes — No Supratidal 200501673-1 Area #1 SBF Abalone Public 267 Yes — No Beach Area 1— Balboa Is Supratidal 200501673-2 Area #2 SBF Abalone Public 305 Yes — No Beach Area 2 — Balboa Is Supratidal 200501673-3 Area #3 SBF Abalone Public 326 Yes — No Beach Area 3 — Balboa Is Supratidal 200501673-4 Area #4 NBF Onyx Public Beach 444 Yes — No Area 4 — Balboa Is Supratidal -3- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501673-5 Area #5 EBF Park Ave Public 119 Yes — No Beach Area 5 — Balboa Is Supratidal 200501674-1 None Fernando Public Dock 365 Yes — No at E. Edgewater Supratidal 200501674-2 None 15"' St. Public Dock at 430 Yes — No Bay Ave Supratidal Totals 5,607 5,607 cy 0 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. Furthermore, you must comply with the following non -discretionary Special Condition: 1. The permittee shall complete all dredging and beach disposal activities prior to January 24, 2006. Should additional time be required, the permittee shall conduct anew eelgrass presence/ absence survey per the requirements of the Southern California Eelgrass Mitigation Policy (see: http://swr.nrnfs.noaa.gov/hcd/eelpol.htm) and submit results to the Corps with a request for additional time. 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. -4- I am forwarding copies of this letter to: Mr. Karl Schwing, California Coastal Commission, PO Box 1450, Long Beach, California 90802-4416; Mr. Bob Hoffman, NOAA Fisheries, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213. Sincerely, „f Mark Durham Chief, South Coast Section Regulatory Branch STATE & FEDERAL AGENCY DREDGING APPLICATION Permit No. 172-701 Payment: $455.00 Check No: 1516 Date: 8/13/04 Project Location: Via Lido Soud Beach, Blocks 345 to 500 Latitude/Longitude: 33136'35" N; 1170 55' 10" W to 330 36'42"; 1170 55'20" W Cubic Yards to be Dredged: Approximately9215—cubic yards to be reshaped/relocated from tidal range to higher levels of beach to restore erosion. 9 6 3 Cub c yard s Method of Dredging: Use of T200 rubber track loader and 426 4 wheel drive excavator supplied and operated by contractor, "Tight Quarters". Nature of Dredged Material (Grain size data): Same material from original beach being reshaped/relocated on same beach so grain size unchanged. Disposition of Dredged Material: Exiting material simply relocated from low water level to above high water level where it originated. Method of Material Disposition: Material excavated from low tidal zone and spread directly above high tide level. Effect of Dredging on Contiguous Bulkheading and Beaches: None — simply reshaping of existing beach with existing sand to restore original profile. All work will stay '25' away from any eelgrass. Project Begins: November 04 Project Ends: December 04 Page 2 Dredging Application I, VA -E% x,_ MA G F'AZ LmjC (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. MT -K- VAke--A4tLLAt-41E Applicant - Please Print Con ctor — Please Print sl3i aq Date Signed: ` Applicant/Agent RISK DISCLAIMER This agreement for Risk Disclaimer, is made and entered into this .3 I qday of , 2004, by in partial fulfillment of the Conditions of Approval of The City of Newport Beach Harbor Resources Division Harbor Permit Application as required by the California Coastal Commission ("Commission"). 7'73m 172 -SOA Geacti 1-72 - c..ca _ RECITALS 175 -N01 geodh 1172-171 Saud aevah A. LSCA filed with the City, Harbor Permit Application No. 1171- «cn to obtain the permits necessary for maintenance dredging of material in front of the residential property in the City of Newport Beach, Orange County, which is located with the California Coastal Zone. (Dredged material to be hauled to sea and dumped or placed on an adjacent beach.) B. The Commission has imposed various conditions upon Application No. 1-7-5- NaAteofor the dredging. 1.72-1')34 s0-1 sea��` its approval of Harbor Permit C. In compliance with the conditions imposed by the Commission, hereby acknowledges and agrees as follows: COVENANTS RISK DISCLAIMER L- re- A A. By acceptance of these Permits, G A acknowledges and agrees that the site may be subject to hazards from waves, erosion and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. Property NNner 7 0 I v) A L vo Property Address �A V z I! r vi .r a; str GEr Lit CIr A V Or el� for. r 911 j VL. J OOr 0 41" rr�r k ti r? 921 O CLi v� oLl Il kill 'C11 9o1 � Jbf �f oI O! 901 � rf! r.ti li 1. f R e '2 a 1' N Z UJ LijLL� yo ®V- V V L UJ it sL cc LL CL a cul a v Z U— :L 0 OLU \ d` � tL ? cc l cr) en to 1y, tea ' LU 5i�1jg, .9: LIA CCO 0 i N La It I9 LI 19 b 1 09 G09 VIA G Lcs cs ca Ic Es y=JA O ' .G1i as w � Ios ., zo8 r vi .r a; str GEr Lit CIr A V Or el� for. r 911 j VL. J OOr 0 41" rr�r k ti r? 921 � CLi v� oLl Il kill 'C11 9o1 � Jbf �f oI O! 901 � rf! rol fIf Ci GMs�� T- 6w,0� L� Pol --=,/ rz- (;--) 45'1-N0/, sa UD -P-► rf.r-� s D,b �MSL> VIA LvC>o -F Ror-iuss W D `r* VA-yt- i rgs *F rt,a -(D 5 A:T- T i ►2 t -N ie i f S YN-elf? s Ar -r- F -x -r -F, w -.ST TE"J G L-e,bp-mq 4 rel ►v -p— �u PPS-�Nt� i AL-lz L L /7 t 6+1 C_.Y N / 4,r- r ����� r�c�uC�e� ► c fi -� _61 cul, c Y adS:4/b ,HARBOR RESOURCES ®IV. ---�� CITY OF NEWPORT BEACH A G: A L A v N[..M �lZ L. m Aug 31 04 12:46p DAVID H LEE & ASSOC. 949-461-7901 it H DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING ENGINEERING GEOLOGY DAVID H. LEE & ASSOCIATES Primary Business Address 23011 Moulton Parkway Suite D -I F Laguna Hills, California 92653 Phone: 949-461-5690 Fax: 949-461-7901 email: dhla@dhia.com http://www.dhia.com Neil MacFarlane LICA Director 908 Zurich Circle Newport Beach, Ca 92663 P.6 August 31, 2004 Our Project K04.122.00 SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from the Tidal Zone of Lido Isle South Beach, Newport Beach, California 92660. Dear Mr. MacFarlane: DAwo H. Ler, PE, GE Presented herewith are the results of our phi grain size analyses performed on COON E. CUNNINGMM, RG, CEG the soil samples provided to us by your firm. The test procedures were in KAREN L. MASTERsON, MESc accordance with ASTM D 422-63 (1998) and U.S. Army Corps of Engineers SANDRR D. HULL, BS Report Number CETA 79-7 criteria - Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, ! apa q, ,& N10. GE 510 *EXP. 3-31-06 David H. Lee J't� Geotechnical Engine RTF OF /X,-- - I Karen E. Geraci, PE Project Engineer Attachments: Plate 1 -- Grain Size Summary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) ... I I01U—A~ d.O-.-Oj&-I \KOJ-12Z,>AK04122fQ-1PFI GS 1,_&, Aug 31 04 12:46p DAVID H LEE & ASSOC. 949-461-7901 p.7 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained - - ------------------------------------------ 38.1 -5.25 11/2" ------------ 0 0.0 19 -4.25 314" 0 0.0 Gravel 9.5 -3.25 318" 1.8 1.8 4.75 -2.25 4 1.4 3.2 2.83 -1.50 7 0.8 4.0 2 -1.00 --------------------------------------- 10 0.7 4.7 1.41 -0.50 14 1.2 5.9 1 0.00 18 2.3 8.2 0.71 0.50 25 3.4 11.6 0.5 1.00 35 8.7 20.3 0.35 1.50 45 12.9 33.2 Sand 0.25 2.00 60 25.1 58.3 0.177 2.50 80 23.4 81.7 0.125 3.00 120 13.1 94.8 0.088 3.50 170 4 98.8 0.075 3.75 200 0.6 99.4 0.063 --------------------- 4.00 ------------------- 230 0.3 99.7 Silt-Clay <0.063 <4.00 <230 -•- 0.3 ---- 100 A sample was provided to David H. Lee S Associates, Incorporated in a sample bag by LICA DIRECTOR. The sample consists of a POORLY GRADED SAND: olive gray to olive (5Y 512-3); humid to damp; fine to medium sand; scattered shell fragments- The sample was labeled Sand From Tidal Zone, obtained from Lido Isle South Beach, Newport Beach, California at a depth of +3.0 feet to +4.0 feet MLLW. UT David H. Lee R Associates, Inc. PHI GRAIN SIZE SUMMARY- 23011 Moulton Parkway, Suite D-11 Laguna HMIs, CA 92653 Telephone: 948461-5690 Fa . 943-461-7901 D H LA CLIENT" LICA DIRECTOR PROJECT: K04-122.00 DAIS: August, 2004 PLATE 1 CAULERPA TAXWOLL4 REPORTING FORM Site Name: Lido Island Date of Survey: 27 August, 2004 Survey Contact: Lido Island Community Association Neil MacFarlane 949 723-5224 Permit Reference: Permits Pending Hydrographic S stem: Developed Harbor Specific Location: Lido Island, Newport Bay, California (See attached map) A- Lido North B- Lido South C- 701 Via Genoa beach Was Caulerpa Detected: No, Caulerpa was not found either subtidally or intertidally at any of the three surveyed sites. Description of Permitted Nourishment of beaches above the 0.0 ft MLLW tide line. Work: Nourishment will be accomplished using a dozer from the shoreline to move sediments to elevations above +0.0 ft MLLW. Description of Site: Site A- Sediments consisted of sand and shell from 0.0 General Location feet to approximately -5 feet MLLW. From -5 feet to -7 feet MLLW at the pierhead line, the sediments were Sediments mostly sand with a thin layer (1-2 inches) of fine silts on Water Visibility top. Beach sands were fine to coarse sediments. In general, Salinity (General) the subtidal silts were finer at the cast end of the beach than the west end. Water visibility varied from 3-6 feet on either side of the diver during the survey. Site B- Sediments were mostly sand and shell from 0.0 feet to -10 feet MLLW. Beach sands were fine to medium sediments. The water visibility was approximately 3 feet on either side of the diver throughout the survey. Site C- Sediments in the area were sand from 0.0 feet to -3 feet MLLW. Beach sands were fine to medium sediments. Between -3 feet to -10 feet MLLW, the sand was replaced with fine silts. Visibility was 3 feet on either side of the diver. Salinity is variable, from 20s to 35 ppt, depending on depth and the time of year Survey Effort: The field survey was conducted using the National Marine Fisheries Service Caulerpa Survey and Control Protocol (National Marine Fisheries Service, 2001). A low - intensity level survey was performed, since Caulerpa is not known to occur in Newport Bay. The survey was conducted on August 27th, 2004 between 1000 and 1700 hrs. Personnel: The survey was conducted by Mr. Stephen Whitaker, Senior Field Technician of Coastal Resources Management. Survey Methodology: Area Surveyed: Methods: Site A, North Lido- The underwater survey was conducted using SCUBA. A total of 70 underwater transects were swam along 1500 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach nourishment project area size (including 10 meter buffer area below 0.0 ft MLLW) within Area of Potential Effect was 45,000 sq ft. Of the 45,000 sq ft in the APE, 12,600 sq ft of seafloor was surveyed. This accounted for 28 % of the area within the shallow subtidal habitat located on the seaward side of the APE project area. Transect visual width was a minimum of 3-6 feet. Bottom type, dominant bottom dwelling organisms, and the presence or absence of Caulerpa was noted along with depth, water visibility and water temperature. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site B, South Lido- A total of 49 underwater transects were swam along 1200 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach nourishment project area that was surveyed in the Area of Potential Effect was 36,000 sq ft. Of the 36,000 sq ft in the APE, 8,820 sq ft of seafloor were surveyed. This accounted for 25 % of the area within the APE project area. Visibility varied between 3-6 feet. Bottom type, dominant bottom dwelling organisms, the presence or absence of Caulerpa, bottom depth, water visibility and water temperature were noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site C, Lido Community Association Beach- A total of 16 underwater transects were swam along 225 linear feet Physical Parameters: Water depths in the project areas ranged between -2 ft MLLW -10 ft MLLW. Water temperature was 69 degrees Fahrenheit, and underwater visibility varied from 3 to 6 ft. In Newport Bay, water salinity typically ranges between 20 and 33 parts per thousand (ppt). It can be lower during winter and heavy rainfall periods, due to inflows from the storm drain runoff into the harbor. Other Organisms Other flora and fauna observed at all three sites during the Observed: surveys included ectoprocts (Zoobotryon verticillatum), tunicates (Styela montereyensis) and (Styela plicata), juvenile barred sand bass (Paralabrax nebulifer), orange sponge, yellow sponge (Porifera, unid), bay mussels (Mytilus edulis), green algae (Enteromorpha sp.) and filamentous red algae. Burrowing, tube -dwelling anemones (Pachycerianthus fimbriatus) were observed at both Site A and Site B. The striped sea slug (Navanax inermis) was observed at Site B and Site C. Hydroids (Corymorpha palma) were present at Site A and Site C. Amphipods (Grandidierella japonica) were present at site A, along with colonial tunicates (Botryllus/Botrylloides spp). The round ray (Urolophus halleri) and several unidentified flatfish were seen at both Sites A, and B. One festive murex (Pteropurpura festiva) was seen at site B. Site C was the only area where eelgrass (Zostera marina) was present. Two small patches of eelgrass were located within 25 feet of the proposed 0.0 ft MLLW beach nourishment limit, near the yacht club dock and the swimming/diving platform in front of the community association beach. Survey limitations: None. 1- W W LL �C a a O L U u 0 0 t� m U) co a� I a o°•° �"N r ZU Action Status Comments: Date: Application Received Eelgrass Inspection Eelgrass( No Date: present es H. R. Approval to Comments: Completed Submit to Agencies O K Gr� Date: (Z,/� �. Sent to Corps/Costal Date:�o OK from Corps p Yes No Yes -71j No OK from Coastal Dredging Approval H. R. Initials: Date: Completion Report Date: Received Comments: Feb 03 06 01:23p Neil MacFarlane 949-723-5236 p.2 02/62/2636 Tutt 11, g2 PAX --- � W p�� POST DREDGING COMPLETION REPORT �Lrr0itet 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. 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 ostdredging report shall include the following information for the completed individual dredging project: Permit Number. 701 V i a -;do SQvd — Clvb Wvse 4ea-k Start Date' p CompletionDate: 'vb� t�C7 ZOO t��v Z�I Z003;r �5_ Total dredged material to Beach: To Sea (LA3): NIA -7 r) GU6+[ ya►rii Total acreage impacted: v i S '_06j10 ACre-r Mode of dredging and transportation, and ethod and frequency of disposal= (t�bbe• rack Goaded Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: N n Yes No Form of dredged material: SimW % Sandy Cohesive Procedure and location where the dis/posal barge or scow was washed: N !Fl 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 permit shall be explained in detail. All conditioning permits were met: Yes No !v Aq Post -project surveys of Eelgrass beds potentially affected by the dredging: fvoi- neceiSrvy. 5el_9ra-fS no+ prvien} ci+ oiredg,nS sit< - The post -dredging report shall be signed by a duly authorized representative of the permittee. The peffnittee's representative shall make the following certification: I certify under penalty of law that this document and all attachments were prepares[ under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the 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 information, including the possibility of fine and i/mprr onrnent for kknno/�ing violations. '/ `�% �f� !�_ _ C t,bignawre June 21, 2005 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 To: Respective Agencies Approving Dredging Applications RE: 701 Via Lido Soud, Lido Isle Community Association Club House Beach Dear Agencies, Please accept the attached dredging application for your review. I am writing to explain the reason for the lag time between the original submittal date and the current request for review by your departments. This application was submitted around November 2004 but it was later discovered that the total cubic yards exceeded the limit as prescribed by the permit. The City then asked the applicant to redefine the scope of the project. As the heavy winter storms hit the area, the applicant was preoccupied with other responsibilities and did not redefine the scope. Hence, the lapse in time from the submittal to present. We sincerely apologize for any inconvenience this may have caused you and hope that the following application will be approved as the applicant is quite concerned. Thank you for your understanding and patience. Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller(a,city.newport-beach.ca.us STATE & FEDERAL AGENCY DREDGING APPLICATION Permit No. 172-701 Payment: $455.00 Check No: 1516 Date: 8/13/04 Project Location: Lido Isle Community Association Club House Beach @ 701 Via Lido Soud Latitude/Longitude: 33036'35"N; 117054'52"W Cubic -Ya , rds to, be Dredged: Approximately-566'cubic yards to be reshaped/relocated from tidal range to higher levels of beach to restore erosion. :�,-2 o cu b s c yard < Method of Dredging: Use of T200 rubber track loader and 426 4 wheel drive excavator supplied and operated by contractor, "Tight Quarters". Nature of Dredged Material (Grain size data): Same material from original beach being reshaped/relocated on same beach so grain size unchanged. Disposition of Dredged Material: Exiting material simply relocated from low water level to above high water level where it originated. Method of Material Disposition: Material excavated from low tidal zone and spread directly above high tide level. Effect of Dredging on Contiguous Bulkheading and Beaches: None - simply reshaping of existing beach with existing sand to restore original profile. All work will stay -25' away from any eelgrass. Project Begins: November 04 Project Ends: December 04 Page 2 Dredging Application I, Nzj x— M&C FArQ 1,&M�(Applicant/Applicant's agent), hereby certify that I have read the I.I.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. M� �A b64--A,_11APAt _ Applicant — Please Print Con ctor Please Print Sl3► a� Date Signed - V Applicant/Agent - STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 -' Long Beach, CA 90802-4302 dune 29, 2005 e (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: 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 Site Address Beach Disposal Q cu. ds Ocean Disposal QW cu. ds Cumulative T otait for 2005 175-844, 900, 904 844, 900 & 904 Via Lido Nord 332 0- 109-1807 1807 E. Bay Avenue 220 0 133-16 16 Linda Isle 0 240 133-98, 133-99 98 & 99 Linda Isle 0 800 114-328 328 Buena Vista Blvd. 0 160 Balboa Isl.-Area 1 S. Bay Front, b/t Grand Canal & Abalone Ave 267 0 Balboa Isl.-Area 2 S. Bay Front, b/t Marine Ave. & Onyx Ave. 305 0 Balboa Isl.-Area 3 S. Bay Front, b/t Sapphire Ave. & Diamond Ave. 326 0 Balboa IsL-Area 4 N. Bay Front, b/t Onyx Ave. &. Amethyst Ave. 444 0 Balboa lsl.-Area 5 E. Bay Front, Park Avenue street end 119 0 172-701 Blocks 345-500, Via Lido Soud 463 0 172-701 Club House Beach, 701 Via Lido Soud 370 0 172-701 Blocks 300-500, Via Lido Nord Beach 481 0 None Fernando Public Dock @ E. Edgewater Ave. 365 0 None 15th Street Public Dock @ W. Bay Ave. 430 0 105-1501 1501-1513 E. Bay Ave. 340 0 110-1134 1132 & 1134 E. Balboa Blvd. 110 0 132-153' 147 Harbor Island Road 147 0 175-640 640 Via Lido Nord 200 0 109-1613 1613-1615 E. Bay Ave. 240 0 142-34 34 Harbor Island 130 0 Sub -total 5289 1200 Year-to-date total 9357 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 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. 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 Condition Compliance - 5-99-282 Consistency Certification Compliance - CC-078-99/CC-077-01 Page 2 of 2 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 of 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 any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, 17 4L Schwi Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 19, 2005 Mr. Chris Miller City of Newport Beach Harbor Resources Division PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Miller: This is in reply to your applications dated June 21, 2005, 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 twenty project sites within Newport Bay (see below). USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501654-1 172-701 300 to 500 Via Lido 481 Yes — No Nord Supratidal 200501654-2 172-701 345-500 Via Lido Soud 463 Yes — No Supratidal 200501654-3 172-701 701 Via Lido Soud 370 Yes — No Supratidal 200501662-1 175-844 844 Via Lido Soud 110 Yes — No Supratidal -2- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501662-2 175-900 900 Via Lido Soud 111 Yes — No Supratidal 200501662-3 175-904 , 904 Via Lido Soud 111 Yes — No Supratidal 200501663 109- 1613-.1615 East Bay Ave 240 Yes — No 1613 Supratidal 200501664 109- 1807 East Bay Ave 220 Yes - No 1807 Supratidal 200501665 105- 1501-1513 East Bay Ave 340 Yes — No 1501 Supratidal 200501667 110- 1132-1134 East Balboa 110 Yes — No 1134 Blvd. Supratidal 200501668 175-640 640 Via Lido Nord 200 Yes — No Supratidal 200501669 142-34 34 Harbor Island 130 Yes — No Supratidal 200501670 132-153 147 Harbor Island Dr. 465 Yes — No Supratidal 200501673-1 Area #1 SBF Abalone Public 267 Yes — No Beach Area 1— Balboa Is Supratidal 200501673-2 Area #2 SBF Abalone Public 305 Yes — No Beach Area 2 — Balboa Is Supratidal 200501673-3 Area #3 SBF Abalone Public 326 Yes — No Beach Area 3 — Balboa Is Supratidal 200501673-4 Area #4 NBF Onyx Public Beach 444 Yes — No Area 4 — Balboa Is Supratidal -3- USACE Base City Site Address Volume Beach Ocean # Harbor (Cubic Disposal Disposal Permit Yards) 200501673-5 Area #5 EBF Park Ave Public 119 Yes — No Beach Area 5 — Balboa Is Supratidal 200501674-1 None Fernando Public Dock 365 Yes — No at E. Edgewater Supratidal 200501674-2 None 15"' St. Public Dock at 430 Yes — No Bay Ave Supratidal Totals 5,607 5,607 cy 0 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. Furthermore, you must comply with the following non -discretionary Special Condition: 1. The permittee shall complete all dredging and beach disposal activities prior to January 24, 2006. Should additional time be required, the permittee shall conduct a new eelgrass presence/ absence survey per the requirements of the Southern California Eelgrass Mitigation Policy (see: htW://swr.nmfs.noaa.gov/hcd/eelpol.htm) and submit results to the Corps with a request for additional time. 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. -4- I am forwarding copies of this letter to: Mr. Karl Schwing, California Coastal Commission, PO Box 1450, Long Beach, California 90802-4416; Mr. Bob Hoffman, NOAA Fisheries, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213. Sincerely, �r Mark Durham Chief, South Coast Section Regulatory Branch RISK DISCLAIMER This agreement for Risk Disclaimer, is made and entered into this 3 1 qday of Gu -s -i-- , 2004, by L,/lbsc�l�,,�,�,� , in partial fulfillment of the Conditions of Approval of The City of Newport Beach Harbor Resources Division Harbor Permit Application No. jos - Nofd &y,h, as required by the California Coastal Commission ("Commission"). t'7L6 172-SO�Td JSeaeh 17-2 RECITALS i>s -N04 NeacM 1'72-173 Saud dawk A. LSCA filed with the City, Harbor Permit Application No. 1172- cstn to obtain the permits necessary for maintenance dredging of material in front of the residential property in the City of Newport Beach, Orange County, which is located with the California Coastal Zone. (Dredged material to be hauled to sea and dumped or placed on an adiacent beach.) B. The Commission has imposed various conditions upon its approval of Harbor Permit Application No. r75- Najdt cAbr the dredging. 172-1'23- 50A UacK 02 — L�cn 4. re- C. In compliance with the conditions imposed by the Commission, hereby acknowledges and agrees as follows: COVENANTS RISK DISCLAIMER A. By acceptance of these Permits, G A acknowledges and agrees that the site may be subject to hazards from waves, erosion and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. Property- ner Property Address t5 w ccLL , z� 00 c� J C cc ca co LU � I .M V) H Lu L (/1�y. rt N 9 a Lr4 tAUt� Pea r1 L m r a..o M +VIS W Ary l r- 5m 4-10 Y s + � --v4 s cps �� Cs �2� r X -3o YP s L o,.�Gr�-�►-+ �m�,� : ,r,�r�s: n�� �q_� i D:o CM SL� t- PLL" 7_0 M no �°� +� pm w T� a • a t� S L ��/�i2�i4-++� TZ l--, dg—P4-F ✓ W a Ne r-1 c na G- Iw A r ori r< I C)tQl cubic yovd--s co�� i�ducec� `c(/� HARBOR RESOURCES ®1V. CITY OF NEWPORT REALM O� !oo fSa zdo Z 50 so► C Noo. -e am -r* Aug 31 04 12:47p DAVID H LEE & ASSOC. 949-461-7901 P.10 DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING ENGINEERING GEOLOGY It August 31, 2004 B I 4-i L A, Neil MacFarlane LICA Director 908 Zurich Circle DAVID H. LEE & ASSOCIATES Newport Beach, Ca 92663 Our Project K04.123.00 Primary Business Address 23011 Moulton Parkway Suite D-1 1 . SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from Laguna 42653 alifornia the Tidal Zone of Lido Clubhouse Beach, Newport Beach, Phone: 949-461-5690 California 92660. Fax: 949-461-7901 email: dhiaaa dhla.com Bear Mr. MacFarlane: httpffv-wv7: d h1 a.eo m DA%no H. LEE PE, GE Presented herewith are the results of out phi grain size analyses performed on CouN E. COWNGHAAk RG, CEG the soil samples provided to us by your firm. The test procedures were in % 4G2 63 a c A ---- I -- — accordance withAS L L0dJ. r3.L11L C s of Engineers' KAREN L. MASTERSON, MESO - Report Number CETA 79-7 criteria.. SANDRA Q. HuLi- HS Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, Maw �QQ ;z \ NO. GE 510 EXP. 3 -37 -OS David H. Lee st �fi rFCiiN�GQ� �Q Karen E. Geraci, PE Geotechnical Engine '9Tc OF CA1.1F©�� Project Engineer Attachments: Plate 1 - Grain Size Summary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) 1\DhG+m•1tmwkVc1PROJL-CTS�fi'YM.123.1y71f:�iFi73� Ptlf_GS Urn.Ja� Aug 31 04 12:47p DAVID H LEE & ASSOC. 949-461-7901 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ------------------------------------------------ ----- •------ 38.1 38.1 -----------------•--------------- -5.25 11/2" ----------------- 0 0.0 19 -4.25 314" 0 0.0 Gravel 9.5 -3.25 318" 0.5 0.5 4.75 -2.25 4 0.5 1.0 2.83 -1.50 7 0.7 1.7 2 -1.00 10 ----- 1.2 ----- -- 2.9 -- ------=------ ----- 1.41 ----- ----- -0.50 14 2.7 5.6 1 0.00 18 5.7 11.2 0.71 0.50 25 8.2 19.4 0.5 1.00 35 15.7 35.1 0.35 1.50 45 15.9 51.0 Sand 0.25 2.00 60 19.7 70.7 0.177 2-50 80 12.3 83.0 0.125 3.00 120 9.5 92.5 0.088 3.50 170 4.9 97.4 0.075 3.75 200 0.8 98.2 0.063 4.00 230 0.4 -- --------------------- Silt-Clay <0.063 ------------------------------- <4.00 <230 1.4 100 A sample was provided to David H. Lee & Associates. Incorporated in a sample bag by LICA DIRECTOR. The sample consists of a POORLY GRADED SAND (SP): olive gray to olive (SY 5/2-3); humid to damp; fine to medium sand; scattered shell fragments. The sample was labeled Sand From Tidal Zone, obtained from Lido Clubhouse Beach, Newport Beach, California at a depth of +3 feet to +4 feet MLLW. Inc. David H. Lee&Moulton PHI GRAIN SIZE SUMMARY Parkway, S 23011 Moulton Parkvray, Suite LT -11 a Laguna Hills, CA 92653 _ - Telephone- 949-4615690 Fax: 949-461-7901 CLIENT: LICA DIRECTOR PROJECT: 1004-123.00 DATE: August. 2004 PLATE 1 n { ,� LJ 1 1 LA CAULERPA TAXIFOLL4 REPORTING FORM Site Name: Lido Island Date of Survey: 27 August, 2004 Survey Contact: Lido Island Community Association Neil MacFarlane 949 723-5224 Permit Reference: Permits Pending Hydrographic S stem: Developed Harbor Specific Location: Lido Island, Newport Bay, California (See attached map) A- Lido North B- Lido South C- 701 Via Genoa beach Was Caulerpa Detected: No, Caulerpa was not found either subtidally or intertidally at any of sue three surveyed sees. Description of Permitted Nourishment of beaches above the 0.0 ft MLLW tide line. Work: Nourishment will be accomplished using a dozer from the shoreline to move sediments to elevations above +0.0 ft MLLW. Description of Site: Site A- Sediments consisted of sand and shell from 0.0 General Location feet to approximately -5 feet MLLW. From -5 feet to -7 feet MLLW at the pierhead line, the sediments were Sediments mostly sand with a thin layer (1-2 inches) of fine silts on Water Visibilitv top. Beach sands were fine to coarse sediments. In general, Salinity (General) the subtidal silts were finer at the east end of the beach than the west end. Water visibility varied from 3-6 feet on either side of the diver during the survey. Site B- Sediments were mostly sand and shell from 0.0 feet to -10 feet MLLW. Beach sands were fine to medium sediments. The water visibility was approximately 3 feet on either side of the diver throughout the survey. Site C- Sediments in the area were sand from 0.0 feet to -3 feet MLLW. Beach sands were fine to medium sediments. Between -3 feet to -10 feet MLLW, the sand was replaced with fine silts. Visibility was 3 feet on either side of the diver. Salinity is variable, from 20s to 35 ppt, depending on depth and the time of year Survey Effort: The field survey was conducted using the National Marine Fisheries Service Caulerpa Survey and Control Protocol (National Marine Fisheries Service, 2001). A low - intensity level survey was performed, since Caulerpa is not known to occur in Newport Bay. The survey was conducted on August 27a', 2004 between 1000 and 1700 hrs. Personnel: The survey was conducted by Mr. Stephen Whitaker, Senior Field Technician of Coastal Resources Management. Survey Methodology: Area Surveyed: Methods: Site A, North Lido- The underwater survey was -conducted using SCUBA. A total of 70 underwater transects were swam along 1500 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach no»rishYnent project area size (including 10 meter buffer area below 0.0 ft MLLW) within Area of Potential Effect was 45,000 sq ft. Of the 45,000 sq ft in the APE, 12,600 sq ft of seafloor was surveyed. This accounted for 28 % of the area within the shallow subtidal habitat located on the seaward side of the APE project area. Transect visual width was a minimum of 3-6 feet. Bottom type, dominant bottom dwelling organisms, and the presence or absence of Caulerpa was noted along with depth, water visibility and water temperature. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site B, South Lido- A total of 49 underwater transects were swam along 1200 linear feet of shoreline. Transects were set approximately 30 ft apart. The total beach nourishment project area that was surveyed in the Area of Potential Effect was 36,000 sq ft. Of the 36,000 sq ft in the APE, 8,820 sq ft of seafloor were surveyed. This accounted for 25 % of the area within the APE project area. Visibility varied between 3-6 feet. Bottom type, dominant bottom dwelling organisms, the presence or absence of Caulerpa, bottom depth, water visibility and water temperature were noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar tidal survey station. Site C, Lido Community Association Beach- A total of 16 underwater transects were swam along 225 linear feet Physical Parameters: Water depths in the project areas ranged between -2 ft MLLW -10 ft MLLW. Water temperature was 69 degrees Fahrenheit, and underwater visibility varied from 3 to 6 ft. In Newport Bay, water salinity typically ranges between 20 and 33 parts per thousand (ppt). It can be lower during winter and heavy rainfall periods, due to inflows from the storm drain runoff into the harbor. Other OrL)anisms Other flora and fauna observed at all three sites during the Observed: surveys included ectoprocts (Zoobotryon verticillatum), tunicates (Styela montereyensis) and (Styela plicata), juvenile barred sand bass (Paralabrax nebulifer), orange sponge, yellow sponge (Porifera, unid), bay mussels (Mytilus edulis), green algae (Enteromorpha sp.) and filamentous red algae. Burrowing, tube-dwelling anemones (Pachycerianthus fimbriatus) were observed at both Site A and Site B. The striped sea slug (Navanax inerMis) was observed at Site B and Site C. Ilyd*-oids (Corymorpha palma) were present at Site A and Site C. Amphipods (Grandidierella japonica) were present at site A, along with colonial tunicates (Botryllus/Botrylloides spp). The round ray (Urolophus halleri) and several unidentified flatfish were seen at both Sites A, and B. One festive murex (Pteropurpura festiva) was seen at site B. Site C was the only area where eelgrass (Zostera marina) was present. Two small patches of eelgrass were located within 25 feet of the proposed 0.0 ft MLLW beach nourishment limit, near the yacht club dock and the swimming/diving platform in front of the community association beach. Survey limitations: None. v O LEASE Lido Isle Bayfront Lettered Lots THIS LEASE, mace- and entered into this ' day of 2000 (Execution Date), by and between the CPTY OF NEWPORT -BEACH a charter city and municipal corporation („Lessor-), and the LIDO ISLE COMMUNM ASSOCIATION, a Ca.ifor .ia non-profit corporation ("Les see )_ RECITALS A. The City of Newport Beach has, since September 1928, held tifle to certain lots and parcels of real property located on Lido Isle (collectively referred to as the rr " Premises) that are described on Exhibit u Ars and depicted on Exhibit B -The individual lots and parcels are sometimes identified in this Lease by reference to the description in Exhibit "A" - B. Lessee and Lessor first' entered into- along-term.lease of the Premises dated March 4;1929 {i92y Lease)_ The 1929 Lease was later renegotiated into a series of new leases in December 1938, June 1951, and April 1975 (1975 Lease). The 1975 Lease expires April 14,2000- C. Lesser and the Lessee intend to enter into two leases that comprise all of the property subject to the 2975 ire except Parcel B (which is the fifty foot strip between the bayward boundary of private property and the bulkhead line bayward of Lot I) and Parcel C (which is a strip between the bayward boundary of private property and the bulkhead line between Lot 19 and Lot 26)_ This Lease covers the uplands and the tidelands are covered by the Antibes Marina Lease. The "Antibes Marina Lease ers the `Bayfront Lettered Lots" described in Tract covers Parcel E and this Lease cov 907 that are used as parks, open -space, walkways and dry boat storage areas_ D. The Parties intend to require Lessee to continue to use the same high standards of care and maintenance of the Premises that Lessee used on the Effective Date of this Lease to serve Lido Isle residents and visitors. E. The Parties intend that Lessee's performance of the terns and conditions of this Lease is part of the consideration for the Antibes Marina Lease. F. The Parties intend that Lessee will continue to facilitate public access to the tidelands contiguous to Lido Isle through maintenance and improvement of sidewalks and walkways at the locations specified in Exhibit C CYValkways). G The Parties intend, through this Lease, to confirm Lessor's right to use any properties held in trust by the Lessor (including tidelands) for the purposes of establishing, maintaining, and operating mitigation bank locations for Eelgrass (zoostera marina) or projects that are intended to enhance the water quality or Ac -NTP,-arnr%-r - -Ra V without infringing_ On Or limiting_ Lido Isle residents' ability to operate and maintain legal and permitted residential piers_ _ NOW, THEREFORE, IN CONSIDERATION OF TIS MUTUAL COVENANTS hereinafter set forth, it is agreed as foIIows: 1. DES TIO I OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the Premises subject to the terms, covenants and conditions in this Lease. 2. TERM i The ferny of this Lease shall be for a period of twenty-five (25) years, Date) and expiring on April 14th, 2025 unless commencing on April IS, 2000 (Effective sooner terminated as provided in this `Lease_ 3 LESSEE DUTIES A. Lessee shall maintain the Premises at substantially the same high standard of care and maintenance that Lessee used as of the Execution Date of this Lease, B. Lessee shall maintain all Walkways in good order, condition and repair and refrain from any action or conduct that restricts public access to the tidelands. 4. RENT The consideration for this Lease is Lessee's performance of its duties and obligations pursuant to the terms, covenants and conditions of this Lease. 5. USE A. Lessee shall use the two one hundred -(100) foot by ninety (90) foot portions of Lot A for community recreational facilities aria boat storage purpose - for the benefit of members of Lessee. B. Lessee shall maintain and operate all Walkways in a manner that allows for open public access to the tidelands around Lido Isle. Lessee shall position any signs that limit park access to Lido Isle residents and guests in a manner that does not discourage visitor and public use of any Walkway. Lessor may require Lessee, at Lessee's expense, to relocate any of these signs on any parcel or lot referenced in Exhibit C if the City Manager of Lessor (or his/her designee) determines that elocation is necessary or appropriate to ensure full public use and access. Access to tidelands bayward of the Walkways shall be subject to the same restrictions and limitations applicable to other. tidelands granted to the City: C. Lessee shall allow Lessor to use anyproperty owned or held in trust . by the Lessor (including tidelands) for the purposes of`establishi &maintaining, and operatingmitigation bank locations for Eelgrass (zoostera marina) ox'any 'other project ; designed and intended to enhance the water quality or ecosystem of Newport Bay. In deyeloping and maintaining any such project, Lessor shall not infringe upon or limit Lido Isle residents' ability to operate and maintain legal and permitted residential piers subject only to the ordinances and policies adopted by Lessor in its governmental capacity and as grantee of the State of California. 6. STRUCTURAL IMPROVEMENTS A. All structural improvements with a cost in excess of five thousand dollars (Capital Improvements) that are constructed during the term of this lease become the property of Lessor upon expiration of the Lease. B. Lessee shall be required to obtain, prior to commencing the construction of any Capital Improvement, all permits, licenses or approvals that may be required by Lessor in its governmental capacity. C. Lessee shall, at all times, indemnify, defend and hold Lessor harmless from any and all claims, liens, damages or fees in any way related to any construction, r4n,n4-r alterafinn or installation of any structure, improvement, equipment or facilities on the Premises. Lessees obligation extends to the costs of defending such claims, including reasonable attorney's fees. Lessee shall not suffer or permit to be enforced against all or any portion of the Premises, any lien or any claim for damage in any way related to any construction, repair, restoration, replacement or improvement on the Premises. In the event. any lien or stop notices imposed or recorded on the Premises as . a result of the construction, repair or alteration of the facility by or on behalf of Lessee, Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against the Premises. -Lessee may, in good faith, contest the validity of such lien, claim or demand. In the event of any contest or litigation, " - Lessee shall, at its sole expense, defend itself and Lessor and shall pay and satisfy any adverse judgment that may be -rendered prior to enforcement against Lessor or the Premises. Lessor may require Lessee to furnish a surety bond satisfactory to Lessor in an amount equal to any contested lien, claim or demand. D. Lessee shall give Lessor advance written notice of any construction on or improvement on the premises. Lessee shall coordinate the scheduling of any work with Lessor to minimize any inconvenience to the public. 7. BUSINESS ACTIVITIES Subject to the provisions of this Lease that authorize Lessee to lease or sublease portions of the Premises for the purpose of dry boat storage, Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit on the Premises without the prior written approval of the City Manager - 8. UTILITIES AND TAXES Lessee shall promptly pay all utility services fiunished to the Premises and shall pay before delinquent any general and special taxes or assessments or other governmental -charges, if any, which may be levied on the Premises as well as any related Possessory ynterest in or to the premises. Satisfactory evidence of such payments shall be delivered to Lessor within seventy two {72) hours cif a written request for such information. Lessee acknowledges -that this Lease may create a possessory i1:4=est subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee shall pay, before delinquency all taxes, assessments, license fees and other charges (faxes) that are, during the term levied or assessed against Lessee's leasehold interest in the Premises or any personal property installed on the Premises - 9. INSURANCE In addition to Lessee's obligations pursuant to Section 10, Lessee shall provide and maintain, at its own expense, policies of liability insurance as follows: A. ,All required policies shall be signets by a person authorized by that insurer to bind coverage on its beha and` must be filed with Lessor, prior to execution of this Lease 'Current certification of coverage shall be provided throughout. the term of this Lease. Except f©r workers compensation, all insurance all include Lessor and its elected officials, officers, agents, policies sh representatives and employees as additional insureds. B. All insurance policies shah be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City's Risk Manager; C. Lessee shall provide Worker's compensation insurance covering all employees of.Lessee, per the laws of the State of California. D. Lessee shall provide Commercial general liability insurance covering third , contractual liability, in a -- mimmum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and propery damage_ If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Lease, or the general aggregate limit shall be twice the occurrence limit. Lessor reserves the right to reasonably increase the mimraum coverage specified in this subsection once every five years should the City Manager of Lessor determine that then current coverages do not fully protect Lessor. E. Lessee shall provide Fare and extended coverage for not less than ninety percent (90°�) of the cost of replacement of all insurable improvements on the Premises' F_ Except for worker's compensation, the policy or policies shalt be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given ir, wnt ng to Lessor. Lessee shall give claim made or suit instituted arising out Lessor prompt and timely notice of of Lessees operation heremder. Lessee shalt also procure and maintain, at its own cost and expense, any additional kinds of insurance, which an its own judgment may be necessary for its proper protection and prosecution of the work_ G. Lessee agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, Lessee shall look solely to its insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Lessee or Lessor with respect to the services of Lessee herein, a waiver of any right of subrogation which any such insurer of said Lessee may acquire against Lessor by virtue of -the payment of any loss under such insurance_ 10. HOLD R ESS _ A. Lessee shall indemnify, defend, save and hold harmless Lessor, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability; suits, costs and -expenses for damages of any nature whatsoever, includirig, but not limited to, bodily injury, death, personal injury, prop' damages, or any other claims arising from any and all negligent acts or omissions of Lessee, its employees, agents or subcontractors in the use and maintenance of the premises pursuant to this Lease. B. Lessor shall indemnify, defend, save and hold harmless Lessee, its yees officers and emplo€ from and against any and all loss; damages, liabilityclaims, , allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death,, personal injury, property damages, or another cleans arising from any and all negligent acts or omissions of Lessor, its y employees, agents or subcontractors in the use and maintenance of the Premises . pursuant to this Lease. MAINTENANCE OF IMPROVEMENTS A. Lessee to Maintain All rovements Lessee covenants and agrees that during the term of this Lease it will, at its own cost and expense, maintain the Premises in good order and repair and -in clear', orderly, safe and sanitary condition_ Lessee shall be responsible for the repair of any damage. B_ Lessor May Elect to Repair and Maintain a# Expense of Lessee if, in the judgment of the Lessor, the standards of maintenance and repair required by this Lease are not being maintained, Lessor may elect to correct any deficiency after written notice thereof to the Lessee and Lessee's failure to cure the default . Lessee shall pay to the. Lessor on demand any and all sums expended by Lessor in correcting any such deficiency -together with interest at the legal rate. if, in the judgment of the Lessor, the disrepair or lack of maintenance constitutes an emergency, L'k- hpa 24-hour notice to remedy, in all other cases it shall be a 5 -day notice. C. Lessor's Right of Irospecdon Lessor reserves the right by its authorized agents, employees or representatives to enter the Premises upon forty-eight (48) hours advance notice, to inspect the same or any part thereof at any time to attend to or protect the Lessor's interest under this Lease. D. Compliance with Laws, Ordinances and Regulations Lessee shall comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach, or body or agency having lawful jurisdiction over the Premises or any other governmental the business, enterprises, or activities conducted thereon- 12. hereon 12. ASSIGNMENT Lessee shall not assign, transfer, sublease, mortgage, hypothecate or give any grant of control of this Lease ore Premises, or any part hereof, either voluntarily this or involuntarily, unless first approved by the City Council. Notwithstanding Section, Lessee may sublease the dry boat storage areas to tenants wishing to store boats. 0 13. RESTORATION If during the term hereof any building or improvement erected by Lessee on the Premises, or any part thereof, shall be damaged or destroyed by fire or other casualty, Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof, or, at Lessee's option, Lessee may elect to replace such building of improvement, provided that if Lessee so elects, Lessee shall obtain the approval of Lessor of the proposed architectural plans. Any such work of repair, restoration or replacement shall_ be cor unenced within one hundred and eighty (180) days after the - damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced - uless delay is caused by -events beyond the control of Lessee. If Lessee elects not to repair or rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination and by assigning all insurance proceeds relating to the premises to Lessor. If Lessee elects to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition. Yom} 14. DEFAULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions -hereof are expressly he Lessee shall fail to comply with any of the terms, made the essence of this Lease. If t covenants, or conditions of. this Lease, including: 1 Failure of Lessee to keep current on all utility payments for the Premises; 2. Failure of Lessee to keep the Premises in state of repair and operation dictated by §3 of this lease ("Consideration") and to keep it in a neat, clean, orderly, safe and sanitary condition; certificates of insurance evidencing insurance 3: Failure to provide coverage as required in paragraph 12 of this Lease; Lessor -may, subject to the provisions of Subsectionll(B); terminate this Lease. if Lessee days fails to remedy any default related to the payment of money within thirty (30 ) , y after service of a written notice from Lessor to do so, or fails to commence the cure of any other default within thirty (30) days and diligently prosecute the same to completion. Lessee may also terminate this Lease if Lessee abandons or vacates the Premises. B. Surrender of Possession upon Termination Lessee shall, upon the expiration or termination of this Lease, peaceably surrender the Premises with all buildings and improvements, in the same condition as when received or constructed, excepting reasonable use and wear thereof, and damage by fire, act of God, or by the elements. The provisions of this Subsection shall be effective upon expiration or termination of this Lease regardless of whether Lessee holds over under the provisions of Subsection E. C. Remedies Cumulative The rights, powers, elections and remedies of Lessor are cumulative and no one of them.shall be considered exclusive of the other or exclusive of _any rights or remedies allowed by law_ Lessors exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. 11_ Nt o TYYaiyer No failure of Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right: or power or shall be construed as a waiver. E. Holdiin� Over If the Lessee remains in possession after the expiration of this Lease for any cause, Lessee's possession shall be deemed a tenancy from month-to-month upon the same terms, conditions, and provisions of this Lease. 15. EMINENT DOMAIN In the event the whole or part of the Premises is condemned by a public entity in the lawful exercise of the power or eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken by the public entity. If`only a part is condemned and the taking of does not substantially impair the capacity of the 1n remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease; Lessee shall have the election of: (a) terminating this Lease and being absolved of obligations that have not accrued at the date possession is taken by the public entity; or (b) continuing to occupy the -remainder of the Premises and to be bound by this Lease. Lessee shall give notice in writing of his election hereunder, within thirty (30) days of the date possession of the. part is taken by the public entity. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the property by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the improvements constructed by Lessee on the Premises by the exercise of -eminent domain. 16. NOTICES Any notice or notices required by this Lease or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach,: addressed to the City Manager,P.O. Box 1768, Newport Beach, California 92659, or at such other address as may be furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Association President, 701 Via Lido Soud, Newport Beach, California 92663, or at such other address as may be furnished to the Lessor in writing. In the alternative, notice may be served personally upon any corporate officer of Lessee and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of Newport Beach. Notice mailed pursuant to this Section shall be deemed given forty- eight (48) hours from and after the deposit in the United States mail. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: CITY OF NEWPORT BEACH - ATM -ST: . Y City Clerk LESSEE:. APPROVED AS TO FORM AND Co'.K �+ _ By: obert H. Burnham City Attorney Lido Isle Community Association By: Hugh Helm LICA President EXHIBIT A Description of Leased Premises Bayfront Lettered Lots The following lots and parcels comprise the Lease Premises: Lots A, B, C, D, E, F, G, H, I and J -of Tract 907 as per the map recorded in Book 28, Pages 25 to 36 of Miscellaneous Maps in the Office of the County Recorder of the County of Orange, State of California. 1-: PAROL E _cam LOTS CQ l ! w �. LOT ! f 1 - bj PARCEL B LAX -K - �r }( s LOT H LOT A (1 -5) -t _ •` _ _�� '- \ LOT `s T J' :a4� = t LOT F LOT C 8. PARCEL C LOT E LOT D tr Nc LIDO ISLE EXHIBIT A Description of Leased Premises ANTIBES 11JES .1dA,L 1►RINA PARCEL "E" All that certain parcel of land in Section 28, 'Township 6 South, Range 10 West, S.B.B. & M. in the City of Newport Beach, Orange County, California, lying westerly of the H.S. Bulkhead li- -between Stations -173474, as said Bulkhead line and stations are shown on a map entitled "Harbor Lines, Newport Bay, California", approved by the Secretary of the Army, rebr*aa��•y 1 —1-9 Secretary on file in the U.S. District Engineer's Office, Los Angeles, California, and southerly of and adjacent to that certain right-of- way ightofway 100 feet in width, described in a deed to the City of Newport Beach recorded in Book 361, Page 110, official Records of said Orange County and more particularly described as follows - Beginning at the most westerly corner of Lot 885 of Tract 907, recorded in Miscellaneous Maps, Book 28, Pages 25 to 36 inclusive, of said County, said corner also being in the U.S_ Bulkhead Line between Stations i73 and 174 as shown upon said map of Harbor Lines; thence southwesterly along the southwesterly prolongation: of the ung. ` northwesterly line of said Lot 885 a distance of 10.0 feet to the true point of beginning; a line thence continuing along said southwesterly prolongation to an intersection i lying 100 feet southerly of and parallel to the southerly line of said 100 feet right-of- way; ; thence north 75° 09, 40' west and along said parallel line, a -distance of 250.00 feet; thence north 30° 09' 40' west, to an intersection with the westerly prolongationof the • southerly line of the aforementioned 100 -foot right -of -Way line, thence easterly along esterl rolongation and along said southerly line to an intersection with a line said w Y P lying 10.0 feet southwesterly of and pare to the U -S. Bulkhead Line between Station �g 173 and 174 as shown upon said map of Harbor Lines; thence southeasterly along parallel line to the point of beginning. 17 i Exhibit B Depiction (MAP) of Leased Premises ANTIBES MARINA �y Leased Premises: Parcel E , " `► , .-%9p EXHIBIT B Depiction (MAP) of Leased Premises Bayfront Lettered Lots NOTE: MAP shows Parcel B, Parcel C, and Parcel E with Lettered Lots. The Premises for this Bayfront Lettered Lot Lease DOES NOT niclude Parcel B, Parcel C, or Parcel E. PARCEL E w LLam�, 1 LOT 1 LOT i (1 - G) & PARCEL B lid R_t'+" .. t ¢� �' ✓ - � �� -. s � �' .o ..P" .�� •4` fig; ��� 1 \ LOT A (1 3) �. �, �� a g' '�' .F LOT H ,Ilk LOT G LOT 8 4 r P�•• \\ P 0 "a' Q LOT F - COT C Ik PARCEL C LOT E LOT D ` \�'� y••P0. �`••�a 4• EXHIBIT C Description of Access Points (exhibit includes 2 pages) Bayfront Lettered Lots As stated. in Recitals of this Lease and within Section 5 of the Lease, the following points of access must be maintained as points of access throughout the duration of the Lease: Lot A: The easterly four (4) feet of the westerly forty (40) feet of Lot A. Lot B The westerly four (4) feet of the easterly eight (8) feet of Lot B. Lot D: The westerly four (4) feet of the easterly fifteen (15) feet of Lot D. Lot E: The westerly four (4) feet of the easterly twelve (12) feet of Lot E. Lot G: The westerly four (4) feet of the easterly twenty two (22) feet of Lot G. Lot H: A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of said lot thirty five (35) feet distant from the easterly line of Lot H, then northerly for a distance of seventy eight (78) feet along a line parallel to the easterly line of Lot H, then easterly a distance of seven (7) feet along a line parallel to the southerly line of Lot H, then northerly to the north line of Lot H along a line parallel to the easterly" line of L Lot H. 16 Lot J: A path four (4) feet in width the centerline of which is described as follows: Commencing at a point on the southerly line of Lot J thirty (30) feet distant from the easterly line of Lot J then northerly a distance of sixty three (63) feet along a line parallel to the easterly line of Lot J then westerly a distance of seven (7) feet along a line parallel to the southerly line of Lot J then northerly to the north line of Lot J along a line parallel to the easterly line of Lot J. YQ(,hj (Lib C1b Ap, , 10 q YQx �n x3 = /5_el 3 00-0 t� STATE & FEDERAL AGENCY DREDGING APPLICATION x "75- V 0,L dn Iva �,puc n �;u Permit Payment: q 55 Check No: i s r b Date: Project Location: I too25L,.% CotA?O\wt4%T-( Assoc,/,- L, ,rA 7W.ViA.LyPoS,-uA; VIA Lilo I�o�-s-ff�.c�1 4 BLu61-S 3cOo 1--6 54pep VtA LI r>0 sc�u -_ f1Av 1'3LoC►GS b Latitude/Longitude: �� °�� $� u�, 3 3 0 361 3 s rrA( [ l7 os y[ sz 1/I A LI ea, A/otiy $T l�,, 3336 �5��' /J1/' /17 55 �a �i�W 7' 33.°?6 rS6A11;^/!7 --------- - r/ 1/ L[ oSa 3 ' 6 r [(/cl ,7°SS[/o � l 78 33 °36[ Z rel' /17°SS z Cubic Yards to be Dredged: APrL.x cva[e- YA-Ao5 77) sI ZME T7Ak � r� Grf 7a /fi Method of Dredging: U M FOAAW TkA-CK ZAA AS Arty i<Z 9 A04 V� �1 y 762 SU,o %? ?3 CONT G%�2 /�T�GtE-T C f1/iR Nature of Dredged Material (Grain size data): si69 , a4,fI_Fc7 Disposition of Dredged Material: ;�111�� ,�. /�l�-i 19-L .S%MPL� Tdr�Gv�i� �i2aM GDl�6 klrl-i�iz L�r�'L Method of Material Disposition: 4-o[l 770>11-L- 0-0/4&: A ---4P 456221P 77 EVE LrS- /-9;z- Effect of Dredging on Contiguous Bulkheading and Beaches: %l ih/ Off/-S77Ale-' � 7y ��s � �/L► 6a�tAt - 1�� �/G -- LL W o ruc w roc. s rah/ Zs' A-wa� 1 r£� - - �{ILL 3' OlJt f P// -awe -T A-V, 4,J or VV `"R 1>TF.�S c'�rrt/Lt'Eru ��..� s 7ti" iC" y��yec.S Project Begins:_�s��roJect Encs >� City of Newport Beach COMMUNITY SERVICES SPECIAL EVE 4T P.O. BOX 1768, 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658-8915 Permittee: Lido Isle Yacht Club c/o Phil Gautscht 701 Via Lido Soud Newport Beach, CA 92663 Description of Event: Commodore's Beach Party Location: 701 Via Lido Soud Date(s): Saturday; July 10, 1999 Times: 6:30pm to 10:30pm Attendance: 400 PERMIT\ PHONE: 949.644-3151 FAX: 949-644-3155 Event Number: 99-111 The above referenced Special Event Permit is authorized at the location(s), date(s) and times indicated ONLY. Approval is contingent on compliance with the following conditions: 1. All vehicles shall be lawfully parked. No fire lane exemption. 2. No exclusive use of public parking areas. 3. No activities permitted in any portion of public street, sidewalk or alley. 4. No posting of signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 5. Do not block entrances or exits from any building. Do not block Fire Department access to any fire suppression equipment. 6. Do not exceed maximum occupancy load of any room or building. 7. Obey all City, County and State regulations. 8. Comply with the lawful orders of Police, Fire & Marine personnel, or other government officials. 9. No alcoholic beverages permitted on public property. 10. All food service to comply with Orange County Health Department requirements. For more information, contact the Orange County Health Department at (714) 667-3621. 11. Amplified sound not to disturb area residents or businesses, not to be audible in excess of 150 feet from the source, not to begin before 6:30pm and to cease by 10:30pm.or at the order of Police. 12. Permittee must submit plan of temporary dock extension to the Fire & Marine Department for approval. This permit will be rendered invalid of plan is not submitted or not approved. Please contact Tony Melum of the Fire & Marine Department at (949) 644-3044 for more information. 13. Clean-up is the responsibility of the Permittee. This permit shall be present at the event and made available at the request of Police Department representatives. Failure to comply with the requirements of this permit, or violations of law, will result in the cancellation of this permit, and/or denial of future permits. Issuance of this permit does not authorize any activity in violation of any law, nor does it represent an endorsement of the activity or persons responsible for the event. Approved by: LaDonna Kienitz, ��' Date Community Services Director CC: Police Date: To: Company: FAX #: From: # of Pages: FACSIMILE TRANSMITTAL Newport Beach Fire and Marine Department Operations Division (949) 644-3047 FAX (949) 673-3056 Including cover page Comments: 3300 Newport Blvd., P.O. Box 1768, Newport Beach, CA 92658-8915 1.9/07/1998 13:46 9496750248 WILLIAM SIMPSON ASSC S P A N C R E T E OF CAL IFORN IA FAX Transmittal TO: Masoud 7afarl WITH: William Simpson & Assoc FAX: (949) 675-0248 PROJECT: --- The attached is being t1 -a wnitted: FOR YOUR IN ORMAVON xx AS REQUESTED PAGE 06 CORPORATE OFFICE 13131 LOS ANGELES STREET inWINDALE. CALIFORNIA 91706 PHONE (626) 982-9751 FAX (628) 337-9972 UCENn NO.437UT DATE: 10-07.88 FROM. John Minto PHONU: (626) 962-8751 PAX: (626) 337-9972 SPANCRETE JOB NO: --- FOR REVIEW & APPROVAL (PIC= return an approved copy) OTHER: CON NENTS: Lead Tables for plank HARD COPY W OLL X_ WILL NOT FOLLOW BY MAIL XC: eumber of sheets including this shed: , 6 ---------------------- ::::::.::�_ --. .. •liiiii�..////\{.s .illi.{. w. ..ff■ll....Y��■ Us —Was ..................r.__. ......__. .\i1U..alf//■llR..f.lf.Y••■.l.■.fl.a..asmog of...i*use if.a.Yf\fl..■s ql■{f/. ::iii:.r:::::::::::�::::::::i::::.............::::::: .:.. .::w'. ..� ns:-'--:..C'--.::�i::::..Y::i:is:: ....F�ii:..r....•.•........:.r.w.::a •. 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Y..Y.�a.........-.�.... ••1: :::r..{....�.ir ...a..::w...rY......aa.'. w.. w. .4...........:�..�•��.ww .s.s.r.....•f.ffttl\a..ffil\■...Ylfa/a..a...affla...•..�•.•rw •. w�....y. w........••......... . �w...r.r...w.......`.....:nr.....: :.f.a.awr..awls..awr..••.....rM..w.......r. Ma\�..w.fl■ •a\.....I•fflf■1......f■llaaa.. YlaY..a..Y •..ww r.a+• a Y../fY.aa•aaar. mar....n..aaa.••w..w...w:+►I-.s..•....f .��Y:�w:.::��►��:Y r..•+�...wfarll\u .....ff//.l..s.u.Ifa ..�:t++a...a..a.f.r.rr...Y. •r ---. -- — .rY :........ ......... ..ff....................rraY.. .�/L a:..r..[..w.www....... ..........a ^.all■1....[.l/l\l/ll...\\l.t• 16/07/1998 13:46 9496750248 WILLIAM SIMPSON ASSC U-I-er—J77ts 11•cr .�. _ - - 121' SPANCRETE PLANK WEIGHT 93 LBS, FTI PAGE 07 z 1124. 12+' WEIGHT OF PLANK FLUS TOPPING iSt4LBS,, FTI SECTION PROPERTIES PRECAST A 325 INZ 300 = 4981 250 H ti s 5.8 IN Yb i 200 0 = 859 INI Sa ■ 803 IN° ISO a rcw 100 50 PAGE 07 z 1124. 12+' WEIGHT OF PLANK FLUS TOPPING iSt4LBS,, FTI SECTION PROPERTIES PRECAST A 325 INZ 1 = 4981 IN" Yt s 5.8 IN Yb = 6.2 IN St = 859 INI Sa ■ 803 IN° �- CHECK ULT. 30 36 40 SPAN — FEET 2-6 COMPOSITE I R 8834 IN/ YI = 6.64 IN Yb = 7.86 IN St = 1330 IN3 $b = 1124 INs Si = 7134 INi 2" 11IRE COVER 45 90 TOTAL P.06 CITY OF ►__WPORT BEACH FIRE MARINE L -IARTMENT HARBOR PERMIT APPLICATION (Please print all information) Lido Isle Community Association, 701 .Via Lido Soud 673-6170 1. Applicant (Property Owner) Address Telephone Via Antibes & Via Lido Nord 17Z —76 J 2. Project Address (Street Address) Harbor,Permit Number 3. New Construction Revision Maintenance x Dredging; 4. Fee. $351.00Check No. 4836 Date 9/22/98 5. Brief Description of Proposed Work: replace pier and ,gangway 6. Submit 81/2" x 11" Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markerswithin 200 feet of proposed project. 5. Existing ground.profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. 'Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner,Builder/Contractor Declaration/Insurance information: 7. Owner -Builder Declaration must be co leted (on reverse s' a of this sheet) 8. Applicant's/Agent's Signature: Date: Sept. 22, 1998 9. Work can begin ,once ;the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will ;be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your ,permit will not be final until we have conducted an on site inspection- once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for final inspection. OFFICE USE ONLY Approval in Concept. Date Approval' of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date A) �T 9 l Approval of the City's Building Department. Date Approval of County of Orange. Date Issued. (Permit is stamped drawing. Date Y Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: i OWNER-BUILDER DECLARATION hereby affirm that I am exempt from the contractor's license law for the -following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also1equires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the'. Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the: alleged exemption. Any violation of Section `7031.5 by any applicant for permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply-to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided `that such improvements are not intended or offered for sale. If, however, the building ; or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale.) - I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business andProfessions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or - improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). am exempt under Sec. of. Business and Professional Code for this reason: Owner's Signature: Date: Contractor: Shellmaker Inc. Telephone: (949) 548-5359 Address: -875 B West 15th Street, Newport Beach, CA 92663-2701 license class A&B State Board No. 561434 City License-No. 9 6 0 0 2 2 10 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code -.,and my license is in full force and effect. Contractor'sSignatur d Date: Sept. 22, 1998 FPPLICANT`S NRME L /DO IEZAIJO EOMIK ASSO. JOB RDDRESS L',00 x/O1?O ArAA17-1SC=S ATE 8,2 98 I CITY CSF NVIVPGj=r ` BEACV1 HAS RPEE� MIT PERMISSION' -IS HERESY G ^;TL=C: TO CONSTRUCT AND MAINTAIN THE FACILITY ON THE REVERSE HEREOF, AT THE SITE INDICATED, S3jRJECT TO THE PROVISIONS OF THE HARBOR PERMIT POL.ICHE-5 Ok= ,,EWPoRT REACH AND ANY SPECIAL CONDITIONS LiSIED HEREON. THIS PERMIT IS NOT TRANSFERABLE V' ITROUIT"L HE WRITTEN CONSENT OF THE CITY HARBOR WDRDIN-ATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER H. -S [,!:P`MffT ALAE PERMISSIVE ONLY AND THIS PERMIT ivir�Y_? a,,;.i-�i'; E CITY COUNCIL IN ACCORDANCE W;TX T;5 l E iF "i '-• P UNICIPAL COD / 7?- -7e_l ?ERIN`[ NO. � DATE '41�lte_ �� GG%G%lI�/ UWILLIAM SIMPSON & ASSOCIATES, INC. 1�1 CONSULTING STRUCTURAL ENGINEER: 2222 NEWPORT BLVD. PH. (714) 675-61V NEWPORT BEACH. CAILF. 92663 FAX (714) 675-0241 - W WILLIAM SIMPSON & ASSOCIATES, INO. ��B sr. /�N TIrSr�S pI1E.- SHT l� CONSULTING STRUCTURAL ENGINEERS 2 2222 NEWPORT BLVD. PH. (714) 675.6110 DES Z.31/ NEWPORT BEACH,'CAILF. 92663 FAX (714) 675-0248 C DATE 7 r pl t,r� case SlAj- r►�I, nr c. G C G r�r,10 t04-7 elr t 2 X 4 L.�� w .� 2�•2rx �� � Seo �rG _�,� Lr 1'G . .94) ULTIwh.rx uoPio VL+Ll. t4 If" 44-4 d�, �t3•-Tk- - - 4 MIA= 4.1 2GK/ LOA`, b -PC. C ��� �ti 13/-� n` Cn,w1' -4 '1 WILLIAM SIMPSON & ASSOCIATES, INC. %Y/fTI%��S JOB 1� CONSULTING STRUCTURAL ENGINEERS SHT 3 2222. NEWPORT BLVD. PH. (714) 675 110 DES CZ ix NEWPORT BEACH, CAILF 92663 FAX (714) 675-0248 q DATE �r . P/c b S f G CIO Ce 2� 3`r✓LA o 12,2-; IV (4 Al V- mgyp,_ K -L. a d • r,. J/eJYpc..Q s sx 0c'13.?,rlz. !3 • �JVic. SO cll�k.._ Ul-�a-r� w �I� � r'� � 3 -� G � . � M • ` z n v vc, ,-% X y%3 o �,, 3z z �• = 2� <I vs, Ate. WILLIAM 31MP90N 8i ASSOCIATES, -INC. �'r1lS� S i�Lt'L- J OB CONSULTING STRUCTURAL ENGINEERS A 2222 NEWPORT BLVD. PH. (714) 675110 . NEWPORT BEACH; CAILF. 92663 FAX (714) 675-0248 L�a-AdO s v = z l c gin/ AXI .-7sx W 0,3C,7 tAJ 3 15t m h,� ZXLy _/�1� z 2x1, 3'1x1sv x G,�� = 2661 S t�Li�-.viy = Gsx 22. z r >c G. Z 164'? v, 3G7 X 2 II z �{7 S-7 ' 71 7 Z S�..n�J' : So l•�- . /-hS L'oL2 66W V-ul&c 1.5� �Sf/T Qtz r 6.0 v G^.rh G .-. 2`:= iCG. u Z � in = -74- rs,. 3 2,3 �e X Zq u' Z S, r 16ylj 1 C 1-•P 1-E- X1.3 c z a r i 1 �2 13 101 L6 JOB �' +7 WILLIAM SIMPSON & ASSOCIATES, INC. 1�J CONSULTING STRUCTURAL 'ENGINEERS BHT 5 2222 NEWPORT BLVD. NEWPORT BEACH, CAILF 92663 PH. (714) 675.6110 FAX (714) 675-0248 DES j71s ' DATE fi �P/LI J� C (a-l-o z- '7,3 14 IL 2 u = I- ��X s y/ i l 112 Sort- Vol(-f- , !/ Af �pS o,lS3x 2)r 133 ol� .. 27 o k4-t: �e Z o . C(a -?// .c 0, o a 4 2 u: fps r _ 2-'70 C � - o. SX a.�a y2 ,r 27- 1�., 239.e2 grips /�.� d o.�/osx 231.o1z�=►•` Z 1 ?. y �'� h'l sl 3 4 /W/,i Az' 0,0033X 4j a d.oa33XI�-X� i o,32 S tis» WILLIAM SIMPSON & STRUCTURAL ASSOCIATES, INC. iS s P� �2 . CONSULTING ENGINEERS 2222 NEWPORT BLVD. NEWPORT BEACH, CAILF. 92663 PH. (714) 675.6110 FAX (714) 675-0248 rATE7 VL- z �I-�{ 2`foo 2 3�s3 vc- Z o.�,p� -+ 7G�v� �J nl. 7 C + "-139s3x _ 1x12X$ — 92?7Z C4 60 y kot,60.rJ C-OAJ(G /aClr�i4 i I ICiLAJ� 0 IX dv jai I Z '(Prx G��?>(2� z SZa� fo z o 13 p, 1p1 P' - WILLIAM SIMPSON & ASSOCIATES, INC. /zo-1 9s �ES Joe 5%73SHT CONSULTING STRUCTURAL ENGINEERS 2222 NEWPORT BLVD. PH. (714) 675 8110 DES fj(C NEWPORT BEACH, CAILF. 92663 FAX (714) 675.0248 - DATE { rK a-, c� 06 s16 N o r VEO T I�z s l p� G� 4 3 0 . c. fiT= 3—r. �. 1 z P x (35 to-5 51 FT- Ibi H 12- s `' 0.30q 1h o fo Fy ,33aoo . nn tI ec eo.AfAJ CO AIC ti M Z SI pX J2 10Zo !b5 31q r� T Z /oZo . ` 5/0 Ibs�lL� + d.slb 0,016 1"L z -r t fir,. 1 -- . 2� N r" usF-Ml1J. %4 PELTS v Ii 1,�s1 3/8 o� B�t.TS x 21 /q. Af'y-K",t &d a 5'o0 r 51 o 1 tis 0u k F .�F�F C � Or Marine Consulting & Design 'T C 0,11z"a WA V -2,7 011LIva V114 174 -x x Sly 01 PasTS 3 x J x�. x ,C2 CX -Z X(� 2/q, x -31 X 2, Q - 3 6 S /L , L. , = �0 %s,C� 2,1 -- 2 X iz �5-, 7 X3<Z1 X 3 l (�4 `r D ✓. 9� A'�'9-per 70 ► .� l y S 3812 n %t/ 3 2 75 ' 7 PS !/ w XR 03/ 1/ 1 C� 9pF Or /5:o-57 7-S �✓fOy�L=,vim = Z/ZZ /2 1 - ZY Z�IXl Z _ psi /�; IV Jun -].9-96 11c16A Shc--maker Inc 714 --48 5315 P_02 shellmaker inc. June 19, 1996 City of Newport Beach Marine Department P.O. ox 1768 Newport Beach, CA 92659 Re: Lido Isle Community Association Via Lido Soud at Via Genoa Gentlemen: Due to the only acceptale tides for setting launch ramps panels on the above referenced job occuring in the morning of June 20, 1996 we are forced to begin work at 5:00 a. m. We have mentioned this to the owner of the project who has informed the neighbors. Sincerely, Lisa E. Miller.��'4u President cc: Police Dept - Harbor Dept. File As was granted on June 19, we have given permission to Shellmaker, Inc. to work on the above date at the above times. TonyMLIAUm Deputy Chief Marine Division 875 B Weat 15th Street, Newport Beach, Callfornia 92663 Phone(714)545-5359 Fax(714)548-531S General Engineering Contractors/LiCPnse No. 561434/Marine CcAnStrUC(Ion CUld Drudging June 25,1995 City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659-1768 Re: Dredging @ Lido Isle Community Association lot ldla Lids Scud Newport Beach, CA Gentlemen: Due to the only acceptable tides for dredging the referenced job occuring in the evening of June 26th, we are forced to work until 10:00 p.m.. We have mentioned this to the owner of the project who will inform his neighbors. Thank you for your cooperation and should you have any questions, please call. Sincerely, Lisa E. Millet President cc/ Police Dept. Harbor Dept. File June 25,1995 City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659-1768 .19: Dredging @ Lido Isle Community Associatim ==' A. Gentlemen: Due to the only acceptable tides for dredging the referenced job occuring in the evening of June 25th, we are forced to work until 10:00 p.m.. We have mentioned this to the owner of the project who will inform his neighbors. Thank you for your cooperation and should you have any questions, please call. Sincerely, Lisa E. Miller President cc/ Police Dept. Harbor Dept. File ' NAME ADDRESS OF PROPOSED FACILITY SOWe/ I PERMIT R IN %4? - 070f L id v.1sk Cammunl Arssoc- -7(31 Via 1 -1 -Ido MAILING ADDRESS TELEPHONE NO. FEECHECK NO. �o�a DATE Ii S%ro�9 87S Q. w. /S Sf-. 54 &-53 59 foo. l APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT T9- ``� o r OCHD AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING , El BY h c.l l m a Ke r— •+Vi � COMPANY COUNCIL WORKS ElDATED PUBLIC DEPT. ElDATE ESCROW ® �j SIGNATUR � INSPECTION � 1 ❑ El SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1010 EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 June 28, 1995 SUBJECT: NOTICE TO PROCEED (No. 95 -00379 -BH) Dear Mr. Melum: Reference is made to your letter dated May 17, 1994 in which you submitted on behalf of the Lido Isle Community Association, a notification for the maintenance dredging of 200 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material to an adjacent beach reclamation area. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that the community association's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, Care Edson, P.E. CW, Construction - Operations Division Enclosure(s) C,,/ T , of NzwPaer BEACH �I i S ire _ SAI 3D 7o k o.h NI•q• II I g3z I Q31 Y3o � I NCO y711 N7.� U e �I t ,J V) L. Q Ar A T O fwtt�.L D OC -O'., �s W � �J96 L' �Kt �� p c f� •tu Y. 3 : I 51�,� VICINITY SKETCH N•wiowr &AY CAL IfORN/A 7 a ~ I � Sounp�in9s or• i.�gcssod /n �i�/ and d�no/� dopJOA s ba/ow Meory Lo.var Low Ivb��r. MotawLiw ro oya o%' /ide o�p/rvK/Owojl�Y /O Ardr3t MorAoe /,i7e Ah;5 vdw,~/ dor. h sec/,Pcw of are esio6hs&d ,ii Drej r FF -7 �I II I g3z I Q31 Y3o � I y711 N7.� 176 �I A�a z," /va rod ,/.,& A,00,eESS ' V/a, /Yost Y/ •L 4 1-4- COA/TRAGT*A EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 June 28, 1995 SUBJECT: NOTICE TO PROCEED (No. 95 -00377 -BH) Dear Mr. Melum: Reference is made to your letter dated June 6, 1995 in which you submitted on behalf of the Lido Isle Community Association, a notification for the maintenance dredging of 200 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material to an adjacent beach reclamation area. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that the community association's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, arl . Enson, E. Chi f, Construction - Operations Division Enclosure(s) Cl T Y of Ni-, 'Po,Pr 5,!54c1-1 20' Ft L/s'• 8a /9 U t 0 � N t ,o RAW. ,a d I/•I •' / /AL A.f �•1' G� I Ka Ar C•ff�f 0 t •s. —ac gra C�� ti VICINITY SKETCH ftf"rJour j cA.f i s rrr N e wloar 5,^Y, CAL IFOa N/A / I l s LAO 6 Sound/nqs are iwpiesssd in !i.1 and dOno/• dvpr/+s be/ow MCO/7 Lover Low Wbriorr. Mot/.mwwm ron9� of ride app)-ox,moia/r /O+/«j. Hwbo.- 44e5 qre es/ob//'she /;2- ItAlf'S SCC1.0., o!'NtwPorr' Bar- i 31,21' 3S.Do' I 35,co� Ps.� A..00, I .3SeO, 2y 1 2s ... i r• I I � \_ I I II i I D�JPO3a./ SrrC I I ' Ij �J `i 3zII I � j r �I I ,, r, I I I II I I 1� 9d , 1 �I I ` Fl� II Ir 11 DIIJ 9 • �io� • 4 7 PLriMIT NO. DREDGING APPLICATION Project Locatign: '701 Vi 4 L"410 So u Cubic Yards to be Drddged: 3 Method of Dredgings_ hydraulic suction Nature of Dredged Material: sand/silt Disposition of Dredged Material: n,mn nahn A:;acgnt beach Method of Material Disposition:: nineline Turbidity Control Method: turbidity curttin as reguired Effect of dredging on contiguous bulkheading and beaches restores beach and reinforces bulkhead I� .dr—.,-. , hereby state that I have read the U. S. Army (print name Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of -existing use of the affected zone. L1,010 Tslt CornInun" ASS -0c App icant-type name • (Date-) —' Contractor -type name Signe' L Cg tractor s Representative Cl T Y of Neiepaer BE•4cH 26' NCorosh � U � o N 32�—�}-f2D-s�dr 2p� •vtwi.f� *r 'o p �: TO Jr- ��fa e•�s- � IAt/aA D ra AM I H.Nar ,c "v Z CM•IWti 0 C 'I� •ea ••tee V I C I IV I TY 5 K E T C H w••r xrrr i N.wpowr BAY, CAL Iso(aN/A �• / i Jerry ro t' X N.46,1 So undof," ore 4rAPrCrssd /n jie/ and &mole &0'0/65 be/ow Maq.7 Lorvsr Low WoOtdrr. MoZ,~uw ronye of /.'dam ppp>ux/.ro�o/y /O 4007f. NCWAOP- 4.'C5 are es�ob//'shed /:� lth:s seciioq of Ne.,~1 Bor i QO �? i 31.2 i' 3S.Da 35.ee /PS.e7' .°LT.op�. •3S.en• 35. eO 3s. oo' I �9 C I ® 20 21 le z 23 2 y 2S 2� IµlKJ�e a II � � D• II '2 / I r J I I II p0 1 _ I a. w « :max . • :e ,a o 11 11 1' 4T11 I Dr.Jginp I I I LD leal • "'eic>✓ • -25� BAMA CC 9,4 7 PLAIT NO, DREDGING APPLICATION Project Locatign: s Vi'a■ LI' do No d-. t- Vi 4 9 c-noc _ Cubic Yards to be Dredged: moo a cis � Method of Dredging: hydraulic suction Nature of Dredged Material: sand/silt Disposition of Dredged Material:to adch p33i11iLOSL_.� Adjacent be �_. Method of Material Disposition:: ninoiine Turbidity Control Method: turbidity curtlig_ s ieguired Effect of dredging on contiguous bulkheading and beaches restores beachand reinforces bulkhead I, gyp, , hereby state that I have read the U. S. Army (print name Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any al%ering of -existing use of the affected zone . App scant -type name A� (Date) Contractor -type name Signed: D C v Co ractor s Representative /-7z_ 7,4 STATE OF CALIFORNIA - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 2010 IOWA AVENUE, SUITE 100 9 RIVERSIDE, CA 92507-2409 . PHONE: (909) 782-4130 FAX: (909) 781-6288 October 5, 1994 Bill Shaver Lido Isle Community Association 701 Via Lido Sound Newport Beach, CA 92663 401 CERTIFICATION FOR CONSTRUCTION NEWPORT BEACH, OR UNIGE COUNTY Dear Mr. Shaver: OF LAUNCH DOCK AND FLOAT, This is in response to your September 23, 1994 submittal requesting a water quality standards certification under Section 401 of the Clean Water Act for the above -referenced project. You are proposing to construct a launch dock and float at 409 Via Lido Soud in the City of Newport Beach. The purpose of this dock is to allow for the launching of the community association's small craft. Some of the construction activities will include the following: 1. The replacement of a ramp on beach grade which will aide in the support of the proposed dock. 2. The placement of 12 inch thick pilings in the Bay for lateral support. 3. The placement of 5 cubic yards of gravel at the bottom of the ramp. Approximately 0.009 acres of the waters of the U.S. will be impacted by this project. You have applied to the U.S. Army Corps of Engineers for coverage under Nationwide Permit 26. You have received a conceptual approval for the project from the City of Newport Beach. You have also applied to the California Coastal Commission. Based on the above information, it appears that the above - referenced project, as proposed, will not have a significant impact on the environment. Pursuant to Resolution No. 84-48, waste discharge requirements are waived for this project. In accordance with Section 3857 of the California Code of Regulations, this action is equivalent to waiver of water quality certification. At Page 1 of 2 Bili Shaver -2- October 5, 1994 . this time no further action is, anticipated on your 401 application However, if the above stated conditions are changed- or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. Should there be any questions, please contact Keith Person at (909) (909) 782-4997. Sincerely, i Gera J. Thibeault Executive Officer cc: U.S. Environmental Protection Agency Clyde Morris, Permits and Enforcement Section (W-7-2) U.S. Army Corps of Engineers, Los Angeles District Michelle Waltz, Regulatory Branch California Department of Fish and Game - Dee Sudduth State Water Resources Control Board Oscar Balaguer, Division of Water Quality Orange County Environmental management Agency, Environmental Resources Division Chris Crompton City of Newport Beach - D. Harshbarger Swift Slip - Karen Torkildson kdp/401 bulklido.dscV N� CITY ®F NEWPORT BELCH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 March 21, 1991 Robin Voorhies Administrator Lido Isle Community Assoc. 701 Via Lido Soud Newport Beach, Ca. 92663 Bear Ms. Voorhies: Regarding the leased uplands property at 405 Lido Soud, there appears to be no restrictions or conditions that would prevent the Lido Isle Association from placing Sabot boat racks at that location. I have only given that file a cursory look and if challenged would have to go back for a more detailed examination, however, it would seem safe to assume that it would be fine to go ahead with plans to construct the Sabot storage racks. If I can be of further assistance please call at 644-3044. Sincerely Wes Armand �Iarbor Inspector 3300 Newport Boulevard, Newport Beach /� ✓o,a ADO,PE�S ZS�Crirs��9�GGudlCa,yTRACToR ,,���:v�?^E ���3 Pd�WpOR'T REALM Ajjjj0R PERMIT T AND GRANTE1 TO CONSTRUCT fERtM/301x1/ 10 HCREBY THE REyER4 MAINTAIN THE FACILITY SHOWN OK THE PROVilION9 O: AT THE 'SITE INDICKIED, StJd1a�•T t0 RT 6EACH AMP F Qiw+tr i'OLICIES QI KEWPO TNI! PERM" THE "Alto „ raTtoNS USTED HEREON. ANr SPEiiAL (' . P i-.;€. T Ttfzs-J+ti;.:TTEN Co""N tO rr:O f=-THOJ KNOT Tt1Ah fig, COY GtTY COUNCIL. T THE COY HA-': Y _.4t '11115 PERtKIT aRt: PERMlSiIVE OIiL•. 1116HT , LIVE=` 'y� BE U OPAL CODE. AND THIO PEf?L`a"YTItLE lam THE THE CITr COUtICI JIM ACCORDANCE WI CIT �3 ()ORDINATOR IDATF. SPECIAL CONDITIONS: COUPS Of Engineers Permit Orange County Permit Other S G 724-0 9—Z- br- &3 PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING PLACED ON ADJACENT BEACH L I cA"r5 LIDO ISL 6, AS,(X' G a r B 1 k[ 7-XAcr •%D Avocess 70/ I//A L//JO SOVI'? Iv' &I Co,vrRACro. DAr'E'<4-I4-A8 As •*�' uf—Poof #04 '" o �Q •e[Ae4 i, 04CN Ale W 14"Cl-lok _7 I, -3.6 ` too#,' c .,,,� v //��At �+ Y�/� L X/ST Ci(�" I"/-f��� L i7 c � Cifr.vl w •f[ II N VICINITY SRETCN wiifhRr I �... _ Nrw►oar ABY Crit 11POOMIA �, �rr►y �[� -�•Art dams.. So un0'0Ft err *X/oresttd fn iirfl/ and d*-wo/t dip 01, J below Meopt Lo wtr C e w Wo pItr: Mo,r/..w[n rd n9t o! hVe DpPrvx/f►ro/r/Y /O 4*4 "OrdOr /„ tes Orr eslob//'ihtd n+ s'A;s . secf.ofr oo NewPe.r dor: V ` Q � O 9, O "Y 4,�Q Apt/C/-/0P- &Z -W14 — Ive 1-k11:2 RO 12S kA TtI -4- 1 2 0-3 N ex/ST/NG RLL- rO 9 O PL 4 /"=50' —_ L I cA"r5 LIDO ISL 6, AS,(X' G a r B 1 k[ 7-XAcr •%D Avocess 70/ I//A L//JO SOVI'? Iv' &I Co,vrRACro. DAr'E'<4-I4-A8 AW 'AMA OF NEWPORT BEACH HAR 0300 PERI RT PE*ljWj4;% ION I_% MAINTAIN THE m"I.Cit'rry sclti�!'�. AT THE THE m'r,.30R CEAXH AW, ANY SPFf;IAL is moT 47 THE Cff�y RIGHTS Gwepj Spy AND TtlgFj VERN-lsly Lvi�y ACC0RlDfjr-ZCC %qTjj F-YLT--' 417 OP TH,'L `> . 7. C9 R5 �-% -�fb- it.' k A0 ra 4.a County P&rpalt L'sem Sao Co��U�/�JY Job AOoeeSS 701 Asr�r �. ®�,�, ►//A L/170 SODU �' 6Co,vrx�er�.a 7-igAcr OAr6'd-/4-9 CIS T Y op /VEwpDfPr Ox,4c" ppa✓ncr sires _VL w. co/clhva •• re � /q�Y1' �A/SGl� TO t 9 0 D 0 I Xis r IVG--W T/L- SACK iv pS�� "'•weer •�" �. `� T Alae! irt4 Ie��N Q �® fl4ya "Cr W A"CNO 13C/-JN>� ,o 3.0 P,4 any _ 7COA �/� h^ _ R OMNI e-'� its V I C I IV I TY S k E TC E -i Nxw000r 6AY CAIIIDRNIA Jerrr Souno'"+gs ore a.R,oressed fro ✓'serf and d r.o/e dvp0f.3 be/o N' Mean Lows✓ Cow Wosr. Mo,rf,,va, ra►49e of /iefe anoraxf.wolelY /0 4*11. NarAor /.ite3 Ore eslob/f'9hsol ,rr IAi3.SCC/fioN oFNeyvp►-it Bar. b 0 q J L X ")e A,'' G'QrVr'. 4AiC/SOP- C3E/1it✓1 203' - EX/ST/�YG r O FROLIL:CT LIVE PL 4/,/ Sao Co��U�/�JY Job AOoeeSS 701 Asr�r �. ®�,�, ►//A L/170 SODU �' 6Co,vrx�er�.a 7-igAcr OAr6'd-/4-9 SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit 4 7 OF NEWPORT BEACH Other S� 14ARBOR PERMIT PERMISSION IS HEREBY GRANTE MAINTAIN D TO CONSTRUCT AND MAINTAIN THE CACI. Y SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS O[ THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AtM[ ANY SPECIAL CONDITIONS LISTED HEREON, THIS PERMI, IS tjOT TRA"SFERASLE WITHOUT THE WhiTTEN CONSENT'O1 THE CITY HARLCt z ti rORDINATOR OR CITY COUNCIL, TH'. !RIGHTS GIVCN UN" --ii �};1, VERMIT ARE PERMISSIVE ONL- AND THIS PERMIT MAY Be RGVG!(8p BY THE CITY COUNCIL IM ACCORD/yNCE WITH TIT T OF THE MUNICIPAL CODE. CITY NA 8® .000P fN?k 0R ..e.. .� __ 7_ r 2 PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING PLACED ON ADJACENT BEACH PERMIT NO. 1 2 1-2O%b DREDGING APPLICATION Project Location: Lido Isle Bridge & Via Lido Soud Cubic Yards to be Dredged: 462 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through. discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead I , LaVerne Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Lido Isle Community Assn. Newport Dredging Co. (Applicant -type name Contractor -type name) 6/21/83 (Date) Signed_ Contractor's Representative State of California, Edmund G. Brown -,?ovemor August 11, 1982, �W. California Coastal Commission SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 5-82-218 666 E. Ocean Blvd., Suite 3107 Long Beach, CA 90801 Page 1 of (213) 590-5071 On June 15, 1982 —, The California Coastal Commission granted to Lido Isle'Community Association this permit for the development described below, subject to the attached Standard and Special conditions. Remove and replace pilings and decks to repair private boat docks. SITE: 701 Via Lido Soud Newport Beach, CA Issued.on behalf of the California Coast Y I A C 0 i F 1- 1 L 4' IT I A C Klhi'0 UL. [1) 10--UIDI T BEEN TO THE CIQ i4n I by ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Aevelopmer Permit No. ,_5-82-218 Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy e permit, signed DY the perm ,or authorized agent, acknowledging receipt of the permit and acceptance of th terms and conditions, is returned to the Commission office. 2. Expiration. If construction has not commenced, the permit will expire two years from the date on which the Commiss voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period o time. Application for extension of the permit must be made prior to the expiration date. 3 Compliance. All construction must occur in strict cotmpliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or r the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, su �e—�� ct to�24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an a a ave accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the emission and the perm teen all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Prior to issuance of permit, applicant shall submit signing plans for approval by the Executive Director for parcels designated as lots A,B,D, E,G,H, and J of Tract 907 on Lido Isle in the City of Newport Beach as identified in Exhibit A to -the lease executed on the 15th day of April, 1975 between the City of Newport Beach identified as "Lessor" and the Lido Isle Community Association, a California non-profit corporationr. identified as "Lessee". The plans shall include the dimensions of the signs, a facsi- mile of the copy of the sign, a statement of the materials to be used and a plot plan of Lido Isle showing the proposed location of the signs. The copy on the signs shall consist of the following: Lido Isle Community Association Community Park No= icnicking, Dogs, Boats Allowed 2. Within 30 days of permit issuance applicant shall furnish evidence to the satisfaction of the Executive Director, that the signing plan has been im- plemented. In implementing theplan the existing signs indicating that the parcels are available for use by Lido Isle residents only shall be removed. 3. words PRIVATE BEACHES shall remain permanently removed from the entry sign located at the western end of the Isle in the vicinity of the intersection of Via Lido Nord and Via Lido Soud. OF NEWPORT BEACH \3Z P.O. BOX 1768, NEWPORT BEACH, CA 92, 63-3884 �Li FCi 'vol' March 18, 1982 California Coastal Commission South Coast District Office Attn: Karl Hinderer P.O. Box 1450 Long Beach, CA 90801 Re: Pier repair by Lido Island Community Association Dear Sir. Our office has reviewed the proposed repair to the Lido Island Community Associatin pier at the Clubhouse property at 701 Via Lido Soud, to remove the existing pier and rEplace it with one in safe condition. The City does not require a permit for the proposed work.. Yours trulys David Harshbarger Marine .Di rector 3300 Newport Boulevard, Newport Beach Cr r Y of /VE�,00,�r o Ae,�->✓ Ft Nb/ T Co. eo�e /n•i!' �_ \ 0 V 0/ I�clow b,IL v iS oo I r e O La ata cert e 3: Slope ti VICI PiITY SKETCH N[wvowr 8AYCAL 160RNIA r So UI d, ore e.rpiCssed /n fee/ and d®no/e dep�l�5 be/ow A-Icor7 Lower Low WodPr. /Vloxa�wsi ron9e of �ldc OpProX/mO�a/y /O {eei. //orboe //rocs qre ess!ob/r'shad in >/h:s 3ec��o.� of Ne„i�wf bier: 2d Z Ir 35.Do� i 35.00 A9,17' - 1. S o0, 3Soo, 35.0D 3S. ao I �I C 23 2y 2S 2� 11 I I I �, r 1 D• � 1� r -1r ;r`. I ( I 1 it I I I I , 1< 90 J r' LI Z, L, tee- COhe7-RAC-rOA �'er-�-79 HARBOR PIEWMT PERMISSION IS HEREBY QHAHTfV TO 4CONSYRUCY AW MAMTAIN THrE FACH, M% SHOWN 0?4 THY RIVERSC HZRZOO' AY THE SITE w*kC;;ClZ0, &USl)!7,Clr TO T-14-�: P'WTV-'�AJOWS G. THE HARRO ft VSMUPT; Of" Mr-kcIft Aflo ANY iWEC)hl "W -X PERI)', IS NOT TRAHAID�FIMANUt4nniot THF CF' HAVWx7oft RMICiM wvkfuN ID -Err VNVlOia *HD TiRM iv -MIM T MAY 6""' Ny IN ACAtOft&ANCK. WIT "'Celyu 1xil-BOR �c PERMIT NO. DATE 1PECIAl aronge Cow-fty Permit Often 7 7 j5i--le - 7 7 CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY . GRANTED TO CONSTRUCT AW MAINTAIN THE FACILITY SHOWN, ON THE ItEV:XFME HER10f AT THE SITE tMOiCATED, SUWI-ZCT TO, THS: ><-rsVAIOX5 G. THE HARBOR COERVIJIff POLE asl$ OF wirwV05ly BEACH AI'l ANY SPECIAL CONIVS4 ONS. Li'STtiD IIS 's. -'W'z, 'PE tw.l IS NOT. TRANS-IFERARLE YifiwS1uy 7"w tti'r .''i:E d t r—,W gnr THIS Croy HAPU13R CC%GROk-iVAT'I-`. t' Sid :L. '7' RICHINS--&WIrN UNDER VHIS PE44!ri'� Ayl F '"r is§iSa�:V'a: OKL AND THIS pl--iRMT MAY W. -I. fZEVo'KicD UY TO:?, CsTT CSs_ W—ii IN ACCORDANCE WITH InTI.E 17 OIF THE KWiBWWAL GOOK. 72- -70i PERMIT NO. CITY HARBOR COORDINATOR DATE 'c"rPs of P 'i a#i "rte - % % Grunge cum;fty Permit then e C ; ^ 2-4 - 7 5BEACHCITY 01F NEWPORTA'-kV—nN11,k 1 City Hall 3300 W. Newport Blvd. Area Code 714 6-10-2156 February 20, 1979, U. S. Department of the Interior Bureau of Sport Fisheries. & Wildlife 24000 Avila Rd Laguna Niguel, CA Gentlemen: The enclosed permit drawing application(s) is being.sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its February 26, 1979 meeting. If you have any questions regarding this. application, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Gy n E. We den Tidelands Administrator GEW:11 cc: Misc. Agencies PERMIT NO. i DREDGING APPLICATION Project Location: 701 Via Lido loud.. F. Cubic Yards to be Dredged: 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead f i ra I,, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) £i ' Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. - Lido Isle Community Assn. Shellmaker, Inc. i. (Applicant -type name Contractor -type name) '3 J a: 2/4/79 Signed:', (Date) Contractor's `I Representative �E Jul -06-99 02:14P Markin Lamb Morton& Per -le 949 752 5449 y�xfly C/ Y of /i�Ewooer e� •l'�rlr y.t20 Ar P_02 '61 ! 0•�t' ��.. aLPI JI �J Al =,A ; CARO-• VeQ •�� Ydf N ® a:► slaps VICIMITY SKETCH '""'°°"' e Nswrser a.�Y �Ar. rF�dlyew rr � } rl • « a y, fD r e Sp4•r+eying v VAOMFer7ird rn /i.♦ on,/ dsn4701,r eypd�os be/oe^r A.Is®/7 604wlr Le)�r 1w��Ar. .we'r...niwe l rlga+�! ,r irk, �j�+i it/a riw40 f*lr 010 "*!! "920`4 rr /. �Jc? iR 4r� �r/oAfr'Shod rn ✓Pt;g 3CK/eo.s oO'Ndwfrer} .0trr. g3. re � BS.so' a5,ey.r 21 22 ,a3 2 y Irro—� • e 1 i[�� IT Ip p j g ` ,OCIC r I 1 dzk I e- AAAA_. yy 1 1 —...-- f, 3, ,9/0 •. c w -�S'B 9c9T �0� S$ '�7G?1 ✓n .�( r� vy� .P� �Covro"erRo/e D� N L. , n`C 141, ^rt., r IMM 0, C- X49 7. 00") OVIF,�. 1--1X'1A16 70 4 T X45 �5&:AW I/,/ /"/r- kv 0 X? PIL 11,16, A t- _j -7- 70 et=/-�W&IJ ce f -X - - -4 1 1 1 - I OP' ;C lq7. 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ALL GOrr MA rZ_ EA -1,4 e- &5 le&:)�,IoVy-o 2cR-01�,j rX - /G 7 WC1-1S,f,7 141 7 - T CC -4 -t -V- I 101,J ALL ;lio4 7 EeIAL �cl-?Olvll 72-IZ-7 L:-X1S-7-X1C, _57Z�LL &C- Ej Mo By m�0"t"7 _z7o� 6" A� F, AA1'0A7:'Xr1,44_ LVA41 SVT!-�# "T "a C110 vl"6 L-=-' -C77 RAKAC-L CO"C�e&TY hr- 41077 A.1 .1.9 ��Fr �i, By_ DAT E )r IZ_ 1AJC O'el VL %%�qrl SHALL CE j;D'� -Y 7 e y 7 �'Y C, Z; > 7 IA. ol�,, 0 7 0, 4; S co"amwo V -/S7 7-0 9,9,4s>ok1c_ V"L >c_ /j 7 7 OL eA_-',41,1r /Z ro rj,:, r "I j 'A NO-- 1JATk, REVIStow-, 15 5.> DRAWN NT/;� '7' REPLACEMENT VATC MARINE.'. -CONSULTING' & -DESIGN 17.,- 701'- 71. PIER� ''a GANGWAY', AW TTI, 7 'IATF-,, 7 r 10 A SCAI_g 9 1 CAL9 '324 EL MODENA-, AVENUE NEVYPORT BEACH,,CA 92663 VIk AN'' -LIDO', NORD.' LIDO ISLE�' -2206 TIBES'' a VIA' 714' 642