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4� _ '"• moi. w - - z_� - N I IL �BO�Ai9509 B�6$ • • Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Jeff Pence 725 Via Lido Soud Newport Beach, California 92663 Dear Mr. Pence: April 3, 2012 Enclosed you will find a signed copy of your Department of the Army Permit (Corps File No. SPL -2011 -01028 -SME). Please retain this copy for your files. 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.nn.usace.army.mil/survey.html. Sincerely, C�� lam" � ✓t�(� Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures J O�rPOarAT8504 PMa4 C • • Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Jeff Pence 725 Via Lido Soud Newport Beach, California 92663 Dear Mr. Pence: March 8, 2012 Reference is made to your request (Corps File No. SPL -2011 -01028 -SME), dated October 17, 2011, for a Department of the Army (DA) authorization to construct the 725 Via Lido Soud Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California; as shown on the attached Figures 1-3. Specifically, you are authorized to conduct the following regulated activities: 1. Remove three existing, 14 -inch concrete piles using the dry pull method (Figure 2); 2. Remove an existing, 40 -foot by 25 -foot, u -shaped floating dock (Figure 2); 3. Install two new, 18 -inch concrete piles using the dry drive method (Figure 3); and 4. Install a new, 60 -foot by 20 -foot floating dock finger (Figure 3). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. Both signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Slephen.M.Estes@usace.ariny.mil. 2 Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://pert.nwp.usace.army.mil/survey.html. Sincerely, �Frar Corice J. Chief, Orange and Riverside Counties Section South Coast Branch Enclosures lJ �2–/, —/), DATE 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 s 1 4 s STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor C.ALIFORN1A COASTAL COMMISSION V�gjof_►VED ey SOUTH COAST DISTRICT ems 200 Oceangate, 10th Floor COMMUNITY LONG BEACH, CA 90802-4416 - yy �o O (562) 590-5071 FAX (562) 590-5084 MAR 1 ® �Q�� www.coastal.ca.gov Date: March 12, 2012 DEVELOPMENT � Jeff Pence �'ry �Po 5-11-266 725 Via Lido Soud of fVEWP0V( Newport Beach, CA 92663 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on February 16, 2012 and was reported to the Commission on Wednesday, March 7, 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 LE E Executive Dir ct r A By: FERNIE SY Coastal Nqgr4m Analyst cc: Local Planning Dept, Swift Slip Dock & Pier Builders trK CALIFORNIA COASTAL COMMISSION CITY OF NENPORT BENCH V IS I N I T� __.Y MRP FEW,= Mr, QLVMQ C, R \ap- Tie( an rtnc,i n k*c- rne- California Coastal Co, mmission Sova , P; 2 6b —,.mama„_ - --------- - --------- EFFE MN E St -7 I2 - ZEL-G,9ASS. NSPEQTION= • Eelgrass within 15' of project • Eelgrass within 15 - 30' of project No e1rass in pry i -o ct area Signature ------.-----Inspection Date .&TkiT- 4'PLIM's AW Toky) pe-y)ce- ERST JETTY RECHVED South Coast RArlin zqq-- k OCT 2 4 2012 Yr CALIFORNIA COAT -At. commlsslol I if 1 2� ,A,Y 7,- AIC PROI-71LE- I- = 40- SMMINZ PRE E)PREM IN FEET AND MqOTE ELEVRTIONS RFEED ON MERN LOWER LOW KTU. HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH 7 A 5- 6 Jk Nj p 4-o ve rva , A rep I'l e e 11+ do Ck anO fee 1,7tf 3- 2- - /8 q Irl !rho Liy) e- c JJAI NEUiPak-F vy PLAN V119N V =40' JOB FMRESS-7.?rVjG LiqDSGud Im-- m/0-3-// October 17, 2011 Re: Boat Dock & Pile Replacement Dear Mr. Fischer: 1, Applicant Name Jeff pend 2. Project Address: 725 Via Lido Soud, Newport Beach Ca, 92688 3. Applicant Phone: (049)673,6333 4 Parcel Number: 423-255-01 5. Scope of Work, Remove existing U shaped dock float and replace with 388 Sq ft. single finger_ Replace 3-14" guide pile, Install 2-18" guide- pile. Pier.` and Gangway to remain the same, 6.. Latitude/Longitude: N. Lat 33.363474 W. Long 117.545096 7.- Applicable FedIS'Enclosed is a check for the application fee of $77.00, 8. -Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued ,on September 29, 2005, btit IFT SLIPDOCK & PIE FR BUILDERS, INC, Rita Nagarasan Permit Division g,72-276 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 17, 2011 Property Address: 725 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 Cade." 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 Munlclpal 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 pearson 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 sensltivity who works or resides In the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the ,water along their same bearing. Vessels shall not encroach upon the neighbor's- property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westemmost Bide of the In --A ._ ^I 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 22' Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Z abed 1669-6L9-6tr6 eui.aeW oijToed WdBS:6 TTOZ 22 ^ON HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing dock. Replace with 56'x 8' fin er. Replace 3-14" pile. Install 2718" pile. Pier and gangway to remain the same. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Propertv Address: 725 Via Lido Soud Legal Description: Harbor Permit Number: 172-725 Plan Check Number: 1951-2011 Applicant: Jeff Pence (Applicant's Mailing Address: 725 Via Lido Soud, Newport Beach, CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find V 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: V Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resou Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for Building Combo Permit Application ��V_W�P°R� �fJnt �OfiT1 } o City of Newport Beach e Building Department ARBOR U _ Please print 3 copies Gradin ' r NEWPORT f --.Building g (.. Drainage I ; Elec Mech mum 1. Project Address (Not mailing address) (ic Tenant Name(if Applicable) # Units (if Residential) I 2. Description of Work User ............... _. ...... . ........... >1Y�............ . .. .. ................ � .......................... C� ��(� ' ...... .. ............... ...... ........................ . Extg Building SF Demo Building SF Add/Reconstruct Bldg SF Valuation $ -✓��.. vim- �__...: i ..................... ............... ..... .._____ ........... Extg Gar sf" F Demo Garage sf Add/Reconstruct Garage sf F # Stories TOTAL BLDG SF Cu Yd Cut New F7 Add Alter Demo TOTAL GARAGE SF Cu Yd Fill uneCK ADDromate bOX Tor ADDIICant OFFICE USE ONLY ENERGY P/C FEE GRADING P/C FEE $ RovdliAlno ELEC/MECH/PLUM P/C FEF S PERMIT NO. FIRE P/C FEE $ /—, PLAN CHECK NO. PI AN rHFr`K FFP CITY OF NEHPORT SEACH V i C I.NI TY K R P My, OLVMM �`Lb,pe ot- 11-�(X1C I Ups', 1 (tAN-��'n 0 - 1�0, me ERsT JEM =t, �E -X 15 7-IAIC- C,-RwU,--J 0 - ROME- I" = 40' SOIDINGS RRE EXPREM IN FEET AND DENOTE ELEVATIONS RFEED ON MEIN LOWER LOW M ER. HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH �j Q-} Ufot d -� 11 EEL GRASS INSPECTION _ �' � doC ❑ Eelgrass within 15' of project \ i ❑ Eelgrass within 15 - 30' of project ffs g No elgrass in prot ,et area ! Signature f f ]NT -2- w f f' vrdr p if iT 0On Infection pate &Tm — MY PLAN V I E?N 1' = 40' 'f 'R ICtNT `5 WE 3 o hn Pa Y) C- J0B FMUS 7,?r 15o 1 =t, �E -X 15 7-IAIC- C,-RwU,--J 0 - ROME- I" = 40' SOIDINGS RRE EXPREM IN FEET AND DENOTE ELEVATIONS RFEED ON MEIN LOWER LOW M ER. HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH �j Q-} Ufot d -� 11 EEL GRASS INSPECTION _ �' � doC ❑ Eelgrass within 15' of project \ i ❑ Eelgrass within 15 - 30' of project ffs g No elgrass in prot ,et area ! Signature f f ]NT -2- w f f' vrdr p if iT 0On Infection pate &Tm — MY PLAN V I E?N 1' = 40' 'f 'R ICtNT `5 WE 3 o hn Pa Y) C- J0B FMUS 7,?r 15o This form is required to be submitted for any surveys conducted for Eelgrass located in Naples Island Long Beach, which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by City of Long Beach Marine Bureau and Planning Department. 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. This survey was conducted on March 16, 2011 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 725 Via Lido Soud Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Name of bay, estuary, lagoon, channel, or Newport Bay harbor Specific Location: N 33.363474° Lat (UTM, Lat./Long., datum, accuracy level, attach W 117.545096° Long electronic survey area map if possible) Was Eelgrass Detected: * XXX No, Eelgrass was found at this site. Description of Permitted Work: n/a (describe briefly the work to be conducted at the site under the permits identified above) Description of Site: Depth range: 3 to 12 feet (describe the physical and biological conditions within the survey area at the time Page 9 of 10 DIVE WORKS 429-0 Shoreline Village Drive (949) 759-0773 Long Beach, CA 90802 of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand, dirt Temperature: 660 Salinity: brackish Dominant flora: None Dominant fauna: Mussels, fish Exotic species None encountered Other site description None notes: Description of Survey Survey date and time Survey conducted using SCUBA and Effort: (please describe period: camera. the surveys conducted including type of survey DATE : October 2, (SCUBA, remote video, 2011 etc.) and survey methods TIME : 1155 hr employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in 1-6' water: Survey type and SCUBA methods: Survey Personnel: Robert Wiegand Sean Donovan Survey density: >75% area surveyed Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) Page 10 of 10 DIVE WORKS y 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 XZ�G 51.1 Date of Preliminary Survey : October 2, 2011 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 725 Via Lido Soud, Newport Beach Attached are the Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey Report for the above-mentioned address. No Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. It is recommended to monitor for new growth over the next two years on annual basis. Permitting agencies will advise on the need for these surveys. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, "Zuz,_ DiveWork@gmail.com (949) 759-0773 Page 1 of 10 Jeff Pence Residence 725 Via Lido Soud Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Report Prepared October 2, 2011 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Page 2 of 10 �s DIVE 429-0 Shoreline Village Drive (949) 759-0773 Long Beach, CA 90802 Current Situation - Preliminary The homeowner at 725 Via Lido Soud, Newport Beach did not change the configuration of existing dock, which is a U -shape dock. Thus far, no alterations or improvements have been made. This survey was conducted to determine presence or absence of Felgrass and Caulerpa species. Figure 1. Site Location : 725 Via Lido Soud, Newport Bleach CA Page 3 of 10 J WC)l <tz�zt t' Survey Method DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 Survey conducted October 2, 2011 beginning at 1155 hr approximately N Lat 33.363474° - W Long 117.545096°. Day was fair, sunny with a few clouds with temperatures in the high 70's F. Water was 66° F. Depth ranged from shore approximately 0' feet to approximately 12 feet just past end of dock. Visibility was less than 1ft at the bottom, and 1-6ft at the surface. Survey area delineated spanning 135 ft to 50 ft to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft apart perpendicular to shoreline. Lane width was approximately 5 ft wide scanning approximately 2 ft on either side, covering the entire area to ensure >75% coverage of bay floor. Survey Findings No Coulerpo was observed (see attached Coulerpo Survey Reporting Form). No Eelgrass was observed within the property, nor within 15 feet of the property (see Figure 2). Fauna observed included schools of juvenile fish. Visibility was very limited. The water depth ranged from 0 feet at the shore to 12 feet at end of dock. Figure 2. Eelgrass survey: 725 Via Lido Soud, Newport Beach CA Page 4 of 10 Discussion DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 Eelgrass (Zostera marina) was not observed throughout the area from beginning of dock nearest shore to about 8 feet from the shore. There was no eelgrass under the dock or forward from the shore from beginning of dock on either side up to about 6 feet away from dock (see Figures 3,4). It is suggested that two years of annual monitoring be planned in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) Section 2, "Boat Docks and Related Structures" and other permit conditions, to assess the full impact of the project and guide any future mitigation as necessary. The two annual monitoring surveys would be conducted during the time period of August to October and will document the changes in the eelgrass patch (areal extent and density) in the vicinity of the project area. The pre -construction survey can serve as the baseline for which these two annual post - construction surveys will be compared against. Any impacts determined by these monitoring surveys should then be mitigated as dictated by permits and the SCEMP. Any already agreed upon impact minimization/avoidance plans as well as mitigation plans should take precedent to these suggestions as appropriate. Figure 3. Eelgrass survey : 725 Via Lido Soud, Newport Beach Page 5 of 10 IVE WORKS 4.29-0 Shoreline Village Drive Long Beach, CA 90802 Figure 4. Eelgrass survey : 225 Via Lido Soud, Newport Beach CA (949) 759-0773 Page 6 of 10 �i DIVE WORKS 429-0 Shoreline Village Drive (949) 759-0773 Long Beach, CA 90802 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 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, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Required Information Specific Location Name: 725 Via Lido Soud (address or common reference) Newport Beach CA Report Date: October 2, 2011 Name of bay, estuary, lagoon, channel, or Newport Bay harbor Permit Reference: N/A (ACOE Permit No., CCC Permit No.) Site Coordinates: ' N 33.363474° Lat (LITM, Lat./Long., datum, .accuracy level, attach W 117.545096° Long electronic survey area map if possible) Personnel Conducting Survey Robert Wiegand (if other than above) : (name, phone, e-mail) Sean Donovan Is this the first or second survey for this Preliminary project? Was Caulerpa Detected?: (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG personnel No Caulpera was found at this site. identified above). Description of Permitted Work: n/a (describe briefly the work to be conducted at this site under the permits identified above) Description of Site: Depth 0 to 12' Range: Page 7 of 10 wo DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 (describe the physical and biological Substrate Type: Bottom is sediment of sand conditions within the survey area at the time and heavy silt cover of the survey and provide insight into Temperature: Air 780 Water 660 variability, if known. Please provide units for all numerical information). Salinity: brackish Dominant Flora: None encountered Doninant Fauna: Small fish, muscles Exotic species None encountered encountered (including any other Caulerpa species): Other site None noted description notes: Description of Survey Effort: (please Survey date and October 2, 2011 describe the surveys conducted including type of survey (SCUBA, remote video, etc.) time period: 1155 hr and survey methods employed, date of work, and survey density (estimated Horizontal visibility in water: <1 ft at bottom, 1-6ft at surface percentage of the bottom actually viewed). Survey type and SCUBA Describe any limitations encountered during the survey efforts. methods: Survey Robert Wiegand, personnel: Sean Donovan Survey Density: > 75% area surveyed Survey None Limitations: Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Page 8 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 17, 2011 Property Address: 725 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 . ffect: 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 `n accordance with Municipal Code 10.28.040 the following noise regulations apply: 'A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 8'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 22' Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 0 a� Cd a h� HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 29, 2005 Property Address: 725 Via Lido Soud With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system 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. Your side property lines extend in the water along their same bearing. The westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the west side of the westernmost finger is 5. 8. The maximum beam of a vessel that is permitted to side tie to the east side of the easternmost finger is 5'. Signature: Adic, Harbor Resources upervisor Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date rvuv-la-cr�� 177:11 rmji,i=bwjt-IZZ lt'UTA-K.I.IA'I 1jf+�jJ b61-31ed IU:bf.3b-IIj1 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-30341 Fax 949-723-0589 Pier Permit Conditions June 29, 2005 Property }address: 72511ia lido Scud H.i� Wirth reference to the plans currently under consideration to reconfigure or modify the dock system, the follbwing conditions will riaw be in effect on the above referenced pier. 1. The pier permittee is aware of the HarborPermitPolicies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced Wer is under the surview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any ether applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a cermit. 3. The c:onditlons set forth- In this document pertain to the current. proposed dock system under consideration. Any future modifications or alterations to the dock system• 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, z9ants etc...aire not permitted. 5. Your side property limes extend in the water along their same bearing, The westernmost property line extends exactly parallel to the easternmost_property line. 6_ A vessel may not extend beyond the and of the fingers by more than tate width of'its beam.. 7. The maximum beam of 2 vessel that is permitted to side tie to the west side of the westemmost finger is 5'. 8. The maximum beam of a vessel that is permitted to. side tie to the east side of the easternmost finger is S. Joint Pier Applicant Signature (if applicable) '156;t Name Date Z'd L££9 £L9 6ti6 ueu.Idolene(] BUHNN aUioed B00:06 90 96 ^oN �y�WPp� A7 ��LII�'ORN1' HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code. Sections 13210 and 13211. General Description of Proposed Development: Remove existing pier. Install new 10'x 14'pier platform off sea wall with 2 12" pile and 49'x 4' pier with 4 14" T - pile. No change to gangway or float. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Pro ertAddress: 725 Via Lido Soud Legal Description: Harbor Permit Number: 172-725 Plan Check Number: 1487-2005 pp scan : Jeff Pence Applicant's Mailing Address: 725 Via Lido Soud, Newport Beach, CA 92663 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance 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 concent and said annroval has been written upon said plans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance 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 quidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. Z11- ❑ 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 building permit have been given and are final. The development is not subject to reiection in principal by Newport Beach unless a substantial chanae 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 conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources /-)IV � I "Al Chris Miller, Harbor Resources Supervisor June 29, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLIi01911 RESOURCES DIV. CITY OF NEWPORT BEACH 1 41 CITY OF NEWPORT REACH BUILDING DEPARTMENT ���`'' I` 7/tu," 6 A q`/C� PI FdGF PRINT �1R TVPF "� 1. PROJECT ADDRESS (NOT MAILING ADDRESS) i FLOOR SUITE NO. s PHONE NO. 31 -3/ LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT ARCHITECT/DESIGNER'S ADDRESS 2. DESCRIPTION OF WORK USE *ee5-s �¢ �► # OF STORIES VALUATION $ NEW ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Annrooriate Box ❑ 3. OWNER'S NAME VIT EJIZS 140�.c -e NIT -el/- /— OWNER'S ADDRESS f 1 % / c jfiOv7-MAIL V, C (� ADDRESS CITY STATE ZIP ��3 6�4- PHONE NO. 31 -3/ 4� ❑ 4. ARCHITECT/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 FIR T STATE LIC. NO. ENGINEER'S ADDRESS% ENGINEER'S E-MAIL ADDRESS CI ZIP P ONE NO. % 0i1 r� 6. CONTRACTOR'S NAM t f BUSINESS LIC. �11�L73�No: STATE LIC. `7?7Q��— Cia ss CONTRACTOR'S ADDRESS �—E'' CONTRACTOR'S E-MAIL ADDRESS CITY STATE _ T_, ZIP ;��7 PHON..,NON/� OFFICE USE ONLY JUN O 9 PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE _71-TvFNEWpORT $ a OCCUPANCY -GROUP EA, PLAN CHECK ENG. �a_4rN. tea. .. u- . u-uc ARNOLD SCHWARZENEGGER, Govemor STATE OF CALIFORNIA -THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION ..� SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 www.coastal.ca.gov Date: October 20, 2005 Permit No. 5-05-269 E OF ADMINISTRATIVE PERMIT EFFE Please be advised that the Administrative Permit with the above permit number which was sent to you on September 22, 2005 and was reported to the Commission on Thursday, October 13, 2005 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Dic for -�By: LAURINDA OWENS Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION i- --- o - j CITY b � NEWPOR T BEACH HARBOR APPLICA� ION HCl 7 �6 f�a j 1.74 4,v D t 13 �� '.•,c___ ty LZ ' ._.._. _.� � PIER _—___�` - - - 0 - Coro-va A vE: V I C1. K/ I TY ..`5 K ETCH. wcs/ Je`rrY .Z {. > NrwRoar" B.4Yl' CAL IFORNIA � 6 ^ 1 ale-. �i X��S� r&aen -/ As 9 qo.o.7 C Lo,v X/mOiy'Lo/O eWeO>`PhYd, oroNbonO.P(e1r � are es/qbl Shed- P�v �n/S Sec'7�/o.� of'�.�woo�� .moo•: TF S WAN re wt , --L-#s'INSPECTION v0 ' avov e . �0 . Gktqu/V/ -KNO EEL GRASS WITHIN 15' OF PROJEi_.Y ® EEL GRASS IN THE PRQJECT AREA .alifornia Coastal Comn"ssionj SIGNATURE; istr' t fire i j ! E`: o , uth Coa ,i L�xoVE emut N _�__ ERMIT # DATE - EFFECTIVE `- Date: -------90 JOS ifh Coosf 'Region JUL 18 2005 Pi�� �i�TrcTr� CALIFORNIA y.,vzw`T HARBOR RESOU'�S DIV. CITY OF NEWPDXEACN j�A 3 �4 AFF 1 pPL/C4iy7S N.d�iIE, ... ' '08':40�•�FSS •BLOCK . m SI ../ nor STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area office Permit Application No. 55-05-269 200 Oceangate, Suite 1000 ..�; Long Beach, CA 90802-4302 Date: September 22, 2005 (562) 590-5071 Page 1 of 6 TH. 3a ADMINISTRATIVE PERMIT APPLICANTS: The Pence Family Trust, Attn: Jeffrey Pence PROJECT DESCRIPTION: Remove and replace existing pier and pier platform with new 10' x 14' pier platform and 4'x 49' pier including replacement of four"T" pilings and two 12" concrete pilings with four 14" "T" pilings and use of Douglas Fir for materials (no changes are proposed to the existing gangway and U-shaped floating dock). PROJECT LOCATION: 725 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: Thursday, October13, 2005 8:00 a.m. Marriott San Diego Hotel & Marina 333 West Harbor Drive San Diego, CA 92101 (619) 234-1500 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analyst 5 -05 -269 -[Pence] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the r-nmrniccinn an pffirdairi4 ar•�anfl"- all f_r aniJ -F n mif �ii-_ --- viii ::.:::::....i"� 'w; :un:: iii v: UFU jilU ..... 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The subject site is located at 725 Via Lido Soud in the City of Newport Beach (Exhibits #1-2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of an existing pier and pier platform with a new 10' x 14' pier platform and a 4'x 49' pier including replacement of four "T" pilings and two 12" concrete pilings with four, 14" "T" pilings and use of Douglas Fir for materials pier and platform materials. No changes are proposed to the existing gangway and U-shaped floating dock. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. Public access to the bay is available eight lots to the east just opposite the, southern terminus of Via Waziers where there is a small recreational and open space area (park) and public walkway/bikeway/accessway immediately 5 -05 -269 -[Pence] Administrative Permit Page 3 of 6 adjacent to the bay. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa faxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit The proposed work will be occurring on, within and 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 Executive Director 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 Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Acta D. Local Coastal Proaram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January. 9, 1990. 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 City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. 5 -05 -269 -[Pence] Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the and of each riinv: (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or 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 5 -05 -269 -[Pence] Administrative Permit Page 5 of 6 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. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5 -05 -269 -[Pence] Administrative Permit Page 6 of 6 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Pa7nnkas Califnrnin r)Pnnrtmant of Fich A Cama 1ASA/AA7_A71A1 nr Pnhcrt Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director.that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall _occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing WAdmin. Permits\2005\2005-10\5-05-269 (Pence) NB Dock LO.doc SEE ;lc MAP N C 4 i irQ41 `♦ - - - R. 'tea H� NpIS \� � jj I n'•� I.Ln P6T �f II AV `. �:i I� 4SCJOD 94ncS Wi II o t�ls I%o \ y 4r S \C3 3AI3:)3a y om a Kai yFi 1 � AQP 1!♦� f - t�'. A f� ro 0 1 � t •IR'„�• 1073 �� Yn / S,-tl�v75 i -. - gV C "r� �'. _ � '� � rte- ➢ �t 14 ts P - -D lay„ ` vxk,♦�D4B c:.Q@., � ,t s COASTAL COMMISSION F� Es °< EXHIBIT # - I PAGE OF t11aMp1 i :-Fiti.*101O dVW 0Z6 33S —:ZM—. fteckwo 4' .0'joh 6! Duld SOC os� m Y z L G) m Lfa NEWPORT_ „ — .— 26= L1,00 NORO k LlDo SOUR N• COASTAL COMMISSION -- EXHIBIT # 2 PAGEOF I_ c�j N V/Q b -reg a.00, s -a t a �` A rr.ou nz c1lN ° y N s� . I r O = W � V G n — V � N U1 O- H---- 4 M 0.O F hv � a L ft. iz N , N CIIO ------ y 4 OI byy r La ot N n O U1 O a $ C sfdAOA CENrAO ` \ f z ti N Y m \ O rl m orh� ti A J 0 r) m a e° 4 H N �a Ln w N h m p O H„us ,.n��' .� a91p ; c O W� VIA os� m Y z L G) m Lfa NEWPORT_ „ — .— 26= L1,00 NORO k LlDo SOUR N• COASTAL COMMISSION -- EXHIBIT # 2 PAGEOF I_ CITY � F --`-N EVP -0R T' REACH HA'R60R ;1 v U.j -Y . L/ ! UTY .:SK•ETCHl' G'aYf N� waaNr ' L3'.aY, CAL lioRNIJ> p.., S� )e V�YVV/ 5,0Undjn9t5 42r9 N.cpicd's�o� 'r, dr��orc� oma' �arv�r+i: o•c✓ Wof�r. Moxr.w:.•�a Y/T'--IrrFI�VC.x'1S`t'I.�i I/ ( ' I �'v.�ya .off f div c rurr x/.o-1arr /o�'rC Hordo ��>7e� �(� . i I pelt en�vo% 5hr� /ir ihis sca�to�r of'n/cw.00r-r ,»r. Z ^ 944�s•INSPECTION (Vo G� • ��� �r ��'4t"-( NO EEL GRASS WITHIN 15' OF PROJEC`' -0 EEL GRASS IN THE r_PRgJ ECT AREA 3S---��l�lYi i ! SIGNATURE] 5 �� t h ERMIT # '.DATE .I I t - Pi e r o p�T i 4-:4MIA 4#4 LfnL. ' 1 90 1 „HARBOR'RESOU. S DIV. CITY OF NEWPORT�EACH, Gti�lcr'I� 6/zq 'I f�.4r'7• rti o, COASTAL COMMISSION EXHIBIT # -.3 1 7, WC7 PAGE-1—OF I -1- ' DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P,O sax 532711 LOS ANGELES, CALIFORNIA 9W5:3-2325 November 1 S, 2005 REPLY To ATTENTION OF; Office of the Chief Regulatory Branch Jeffrey fence 715 Via Lido Soud Newport Beach, California 92663 Dear Mr. Pence: Reference is made to your request of July 18, 2005 (File No. 200501696-CL11). Under the provisions of Section to of the Rivers and Harbors Act of March 3, 1$99 (33 U.S.C. 403), you are hereby authorized to impact 0.0001 acre waters of the U.S by replacement of the existing boat dock in Newport Bay in Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner pr authorized responsible official trust sign and date all copies of this Letter of Permission (LUp) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of connencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The compTete appeal process is diagrammed in the enclosed Appendix B. Thank you 'for participating in our regulatory program. Sincerely, iJ Mark Durham Chief, South Coast Section Regulatory Branch TATE California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500, Riverside, California 92501-3348 Alan C. Lloyd, Ph.D. Arnold Schwarzenegger Agency Secretary Phone (951) 782-4130 — FAX (951) 781-6288 — TTY (951) 782-3221 Governor http://www.waterboards.ca.gov/santaana July 20, 2005 Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, JEFFREY PENCE, 725 VIA LIDO SOUD, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact me at (951) 782-3288. Sincerely J. Shami �- Water Resources Control Engineer cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JIS/blutag254let California Environmental Protection Agency 7? Recycled Paper Date: Inspection Requested By.- Inspector: y:Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department 6 /zila Don Duffy Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon/ Backflow Present —� Other Comments Eelgrass dump Out Yes No Present: Pier Location Yes No Operational] Recommended Action . Encroachmenet Address of Complaining Party Boat Description _.CF Number Location on Dock Comments / Observations Other Request i w. ..,, 4 . ,`� ... _, .. _ „, .r ,i , �. .. -. `li .>,�"�£.� , �3,~�`.. ... .5 ��, r4A:.'<� .�__ _. d� a .. �'ti x.,c, t t..,. CITY OF NEWPORT BEACH HARBOR PERMIT "PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REV'RSE HEREOF, AT THE SITE INDICATED; SUBJECT TO THE 1•ROWSIONS OF THIS HARBOR PERMIT POLICIES OF N7-' YPOnT BEACH AND ANY SPECIAL CONDITIONS L�5TED HEREON. THIS PEl MIT IS NOT TRANSFERABLE adv°sTliOUT If HE tvrwr-h Fu coNSENT OF THE CITY FIARSOR CT,20RDi.JsaTOR OUR CI'T'Y COUNCIL. Ti-w RIGHTS GIltFN UNDER THIS ARE PE N, 1 SSWE ONLY AND THIS PERMIT'MAY G- REVOKED 1BY '4'BP3E C;TY COUNCIL IN ACCORDANCE Wirfi-i-ITLE.17 THE MUNICIPAL COBE. CITY HARWR UOOR®INATOR 172 - 2- 7;2- PERMIT NO.: DATE 1 r 1 R _ I3UYER5 'NAME(S) I. ADDRESSOF FIACILITY:� PERMIT # sa t will �YR6 ail] ��* gg ;F AILING —a ' =K TELEPHONE NO F!E ` NOS' TE -. ',ADDRESS ICHECK IDA I '`APPRhVED B - 'tDATE _' APPLICATION ISH�' E, --BY MADE _TO TRANSFER HARBOR PERMIT - OCHD BUYERS' - SELLERS' NAME(5) NAME(S), ENG (ABOVE NAMES TO BE TYPED) , COLNCIL ` s : r ,a - �. SIGNATURE OFSELLER << '$fGNATURE-OF BUYERS '' PUBLIC WORKS DEPT. IN r ;ESCR ❑ - SIGNATURE OF' SELLER - SIGNATURE AF BUYER -4s_. `INSPECZION r ,; S�GNATURE I)_JOjNT OWR N = ± 3 +y r # _ APPLICATCON APPROVED .°(DATE) , - " CITY HARBOR COORDINATOR _ ---SPECIAL CONDITIONS: - THIS PERMIT 18 REVOCABLE : -BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH: CALIF. • wx FORM 68.1019 REV. _� STATUS SHEET HARBOR PERMIT TRANSFER LOCATION �� t t PERMIT NO. % - `Z.5 Sel 1 er_ k - Buyer _ Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co.CQ I'dil,jej � e coo Date CCS �� �uGr�scrow Officer �,� -- Escrow No. Address Phone: h L�IS90 Date Inspection made:-—g� Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection:�� 1. Location -7 tlt a- o aeol t 2. Plumbing: � r e- ,� e-, j 3. Electrical:" ©� 4. Structural: 5.OTHER: REMARKS: Inspected by: `BACKFLOW PREVENTION DEVICE In accordance with Title 17 of the California Administrative Code, all piers and docks must have an approved backflow prevention device installed, and it must be tested annually. The purpose of the device is to protect the domestic water system from being contaminated by sea water or by used water from the boat holding tanks. You are required to install an approved Pressure Type Vacuum Breaker backflow device downstream of the water meter, landward of the bul khca� ... _ .� tl Az '. nc. A drawing of the approved device and a drawing ,showing a typical installation is provided here for your information. As soon as the installation has been completed, please contact the Newport Beach Marine Department at 644-3044 for a final inspection. The following companies manufacture approved Pressure Vacuum Breakers: Cla-Val, Febco, Hersey, Neptune, Rainbird, and Watts. Tw Cw "SUM -TYPE VACUUu WWMER *w c... MINIMUM Of 120 ABOVE HIGHEST OUTLET FLOW �t ------ } --- K -- to pier and float DOWNSTREAM SIDE Of VACUUM BREAKER MAY BE MAINTAINED UNDER PRESSURE BY A VALVE . BUT, THERE MAY BE ABSOLUTELY NO MEANS Of IMPOSING PRESSURE BY PUMP OR OTHER MEANS TYPICAL INSTALLATION PRESSURE VACUUM BREAKER 0~ Q SEW PORE CITE' OF NEWPORT BEACH U` = P.O. BOX 1768, NEWPORT BEACH, CA 9265E-8915 Cq CSO RN\P 3..uly 29, 1985 Goldwell Banker Escrow 2161 San Joaquin Hills Road Newport Beach, CA 92660 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # for the property located at 725= Via Lido Soud, Newpor Beach The structure was inspected on 7/26/85 at which time int was determined that the following deficiencies exist: 1. Approved -type of anti -syphon Device is required. See attached. 2. 3. 4. 5. Section 10.D. of the City Harbor Permit Policies states - "At the time of transfer al -1 harbor structures- shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permi't." All the above deficiencies., except those noted as "Informational" must be corrected before the pier permit is transferred. Electrical or plumbing work require a permit from the City Building Department. All other work requires a permit from the Marine Department. - Please advise this department when the above deficiencies have been corrected. Another inspection will be made, and when the problem is solved the pier permit will be transferred to the new owner. If you have questions please call me at 644-3044. Yours truly ),afv Ray GarX Tidelands Administration 3300 Newport Boulevard, Newport Beach DATE Tim WHILE YOU WERE OUT M OF PHONE NO. ?I -f( 30 ✓ EXT TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN - CAME IN TO SEE YOU URGENT - MESSAGE I V" • /V �'" I BY 3/4/86 Jeff Pence 725 Via Lido Soud Newport Beach, CA 92663 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 172-725 for the property -located at 725 Via Lift Soud, Newport Beach. The structure was inspected on 2/28/86 at which time it was determined that it conforms to the City standards Upon receipt of t4ve-� -t�-er- the completed forms, this pier permit will be transferred as requested® Sincerely, !!77 Tony Melum Tidelands Administrator Marine Department TM:db 3 x t<nCt� Ilail p 3r��>rtiuucc,\�jxl, 1?6f3i W PO ° CITY O1° NEWPORT" BEACH P,(.). DUX 1768, NE\1'1 m -r BEACH. CA 92663.3884 7���DaN February 25, 1986 Jeff Pence 725 Via -Lido Soud Newport Beach, CA 92663 Dear Sir: A check of the City's Harbor Permit files has revealed that the pewit for the pier and float at 725 Via Lido Soud, fewport Beach is registered to E. Richter. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership._ Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "Ho person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City". Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tpny Melum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Keach - - - _ r. ;�>. '� a ,-c'^ra �� :via a � a�"3 YS� � �' 1f�+HReamei`I�if�aeysiw�we�rw.�+r .exr. - :.imr..e�v . , . , + _.. - Ci•�iraf'I' .Ai l r .;TI L ff rri Crr1�.1 SOUTH COV; ) _,!:t,1 CC);!'Dry 456 L O'_E r:=,a(rE,L D. ti I(7E 31 o7 P.O. Cox 145J IONG REACH, C/.0 >;:NIA 9W11 (213) 390:,071 (714) P.4b{J6<1; Application Number: Name of Applicant: r �..T%, CO,'.STAL DEVEL01'1• NT AI)M,1111 CT1�./�'I'l l— PEP, ''•K r� A-81-7647 Ed Warmington f' 827 Via Lido Soud, Newport Beach, CA 9_ Development Location: 724 Via Lido Soud Newport Beach, CA Development Description: Demolition of a existing private dock and construct new 50' dock for an existing SFD located on Lido Isle. Project. has RWQCB, State Lands, and Corps of Engineering approvals. I. The Executive Director of the South Coast Regional Commission hereby grants, subject to condition(s), a permit for the proposed development, on the grounds that the development as conditioned will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 10,76, will not prejudice the ability of the local government having juris- diction over the area to prepare a Local Coastal Plan conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environmerit within the meaning of the California Environmental Quality Act. II. Conditions: None Conditions met on - by I11. This permit. way not be assigned to another person(s) except as provided in Section 13170 of the Coastal Commission Rules and Regulations. IV. This permit shall not bec07ne effective until: A. Completion of the Regional Commission review of the permit pursuant to the notice of public hearing. R. A cony of this permit has been returned to the P.egional Commission, upon which copy all permitees or agent(s) authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents._ V. Any development performed on this permit prior to the review by the Regional Commission is at the applicant's risk and is subject to stoppage upon completion of the review pending the Regional Commission's approval and/or completion of any appeal of the Regional Commission's decision. VI. Work authorized by this permit must commence within two years from the date of approval. Any extension of time of said commencement date must be applied for prior to expiration of the permit. Approved on March 5 198 1 M. J. Carpenter Executive Director permittee/agent, hereby acknowledge receipt of Permit Number - -31-7647 and have accept (Date) Scheduled Nearing Date 1 -larch 9 , 1981 r. (Signature) STATUS SHEET HARBOR PERMITS TRANSFER Location -7,--'--' c 01a Permit #17? -7Z Date Application ReceivedFee Rec' d w 9 Request for Inspection AA // Escrow Co. �1 C" LQ) /dv�+�r � y, Date 2-4-7 � Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) �'�� -?S Date Transfer Completed j UNITED CALIFORNIA BANK HARBOR AND BAKER OFFICE - 3029 HARBOR BOULEVARD - COSTA MESA, CALIFORNIA - 714/546-2033 MAILING ADDRESS: BOX 1199 - COSTA MESA, CALIFORNIA 92626 February 11, 1975 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Re: 725 Via Lido Soud, Newport Beach Lot 26 of Tract 907 Pier Transfer Attention: Harbor and Tidelands Administrator Gentlemen: Enclosed herewith find our check No. 368856 to your order for $50.00 and check of Donald B. Ayres, Jr. for $50.00 to cover the $100.00 fee for pier transfer at 725 Via Lido Soud, Newport Beach, California. Seller: Donald B. Ayres, Jr. and Antoinette Ayres Buyer : Emanuel Richter and Sylvia Richter We have also enclosed pier transfer form signed by all of the above parties. Please make the transfer and notify the buyers, Dr. and Mrs. Richter at: P. 0. Box 5428 Fullerton, California. They expect to move into the property shortly. Yours very truly, Au_rey Tyler Escrow Offi r rak enc is . (3 ) P.S. Would you also please send us some up to date forms. We did not know that you had raised the transfer fee to $100.00 - which is the reason for the two checks.