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HomeMy WebLinkAboutM2014-0023I DEPARTMENT OF' THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS 915 Wilshire Boulevard, Suite 930 (� LOS ANGELES. CALIFORNIA 90017 �• ! REPLY TO April 21, 2014 -� ATTENTION OF - Regulatory Division Frances Pedley 836 Harbor Island Drive Newport Beach, California 92661 Dear Ms. Pedley: Enclosed you will find a signed copy of your Department of the Army Permit (File No. SPL-2013-00901-AJW). Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact Andrew Wendt of my staff at 213-452-3002 or via e-mail at Andrew.J.Wendt@usace.ariny.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/sur,vey.html. Sincerely, U Corice J. Fatrar Chief, Orange and Riverside Counties Section_ South Coast Branch Enclosures A r`o SKATES 04 =� Regulatory Division Frances Pedley 836 Harbor Island Drive Newport Beach, California 92661 Dear Ms. Pedley: DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 February 7, 2014 Reference is made to your request (Corps File No. SPL-2013-00901-AJW), dated December 5, 2013, for a Department of the Army (DA) authorization to construct the 836 Harbor Island Boat Dock Replacement Project. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below within Newport Bay in the City of Newport Beach, Orange County, California, as shown in Figures 1-4. Specifically, you are authorized to conduct the following regulated activities (as shown on Figures 3-4): 1. Remove and replace the existing floating dock structure (approximately 510 square feet) with a like for like structure in size, shape, and location; 2. Remove and replace 3 existing 10 -inch steel guide piles with like for like piles; 3. Remove and replace the existing 24' x 3' gangway deck (approximately 75 square feet) with a like for like structure. 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 Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). 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 complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Andrew Wendt of my staff at 213-452-3002 or via e-mail at Andrew.J. Wendtgusace.army.mil. -2 - Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://corpsmapu.usace.aM.mil/cm apex/f?p=regulatory survey. Sincerely, 6 Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures PERMITTEE DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on February 7, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CFR part 329. . 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a. The project involves the repair of existing structures that were originally constructed using wood products; b. The creosote treated pilings are wrapped in plastic; c. Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers -5- d. The plastic wrapping is sealed at all joints to prevent leakage; and e. The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modification or work shall occur to the structure permitted herein. 5. As a result of the pre -construction eelgrass (Zostera marina) survey completed on October 29, 2013 the following monitoring requirements apply; a. In areas where eelgrass was not present within a 30 -foot perimeter of the proposed dredge or dredge material disposal footprint, no additional eelgrass monitoring requirements apply; b. In areas where eelgrass was determined to be present between 0-30 feet from the proposed discharge footprint (in any direction), then monitoring of the site for potential eelgrass impacts from project operations shall be required. Monitoring shall consist of pre- and - post -project transects placed perpendicular to the shoreline and spaced five feet apart that map the eelgrass bed. Enough transects will be used to extend the length of the project footprint. Along each transect, the extent of eelgrass will be measured. Any decrease in eelgrass extent along any transect (pre -project vs. post -project) will constitute an impact. The pre -project transects shall be conducted no sooner than 60 days prior to the start of the permitted activity. Once authorized impacts to navigable waters authorized by this permit have ceased, the Permittee shall conduct two years of post -construction eelgrass monitoring that shall be conducted no later than 30 days following the completion of the permitted activity; C. Should the monitoring required in Special Condition "5.b" above identify an impact to the mapped eelgrass bed, then mitigation consistent with the provisions of the Southern California Eelgrass Mitigation Policy (SCEMP) (http://www.westcoast.fisheries.noaa.gov/publications/habitat/califomia__eelgrassmitigati on/eelpolrevl 1_fmal.pdf) shall apply. An eelgrass monitoring report will be submitted to the Corps Regulatory Division, National Marine Fisheries Service (NMFS), and the California Coastal Commission no later than 90 days following completion of project activities. If an impact was detected (as defined above), the report shall include a summary of how the SCEMP will be complied with. After receiving notification of the Corps' determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan, within 60 days, to the Corps for review and approval. The EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' Los Angeles District Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004; d. For purposes of this perniit, 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 from August through October. A survey completed from August through October shall be valid until the resumption of active growth (i.e. March 1). Work may only occur with a valid survey. -6 - If the survey expires prior to commencement of work, a new survey shall be required prior to commencement of any work. 6. A silt curtain shall be deployed around the project site throughout the duration of project -related activities. 7. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 8. The Contractor shall notify the Commander Eleventh Coast Guard District, and the Coast Guard Sector LA -LB not less than 14 calendar days prior to commencing work. The notifications shall be provided by e-mail with information attached as a WORD.doc or pdf file. The notification shall include as a minimum the following information. The Permittee shall notify the Commander, Eleventh Coast Guard District, and the Coast Guard Marine Safety Office / Group LA -LB, not less than 14 calendar days prior to commencing work and as project information changes. The notifications shall be provided by e-mail with information attached as a WORD.doc or pdf file and shall include as a minimum the following information: a. Project description including the type of operation (i.e. dredging, diving, construction, etc); b. Location of operation, including Latitude / Longitude (NAD 83); c. Work start and completion dates and the expected duration of operations; d. Vessels involved in the operation (name, size, and type); e. VHF -FM radio frequencies monitored by vessels on scene; f. Point of contact and 24-hour phone number; g. Potential hazards to navigation; h. Chart number for the area of operation; and i. Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." Addresses: Commander, 11th Coast Guard District (dpw) Telephone: 510-437-5836 E-mail: D11LNM@uscg.mil Website: http://www.uscg.mit/dll/dp/LNMRequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Attn: Waterways Management Telephone: 310-521-3860 E-mail: Jevon.L.James2@uscg.mil; Amy.S.Rens@uscg.mil -7- 9. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey, as well as a copy of this permit, to the Corps Regulatory Division (via e-mail at: Regulatory. SPL@usace.army.mil) and to the National Oceanic and Atmospheric Administration for updating nautical charts (via e- mail at: john.whiddon@noaa.gov). Post -project surveys/as-built plans should be provided electronically in two formats: pts (xyz) and one of, .pdf, CAD, or GIS. Include the following header metadata: project name, surveyor's name and company, area surveyed (acres), type of survey method, date of survey, geographic control points (for example: latitude/longitude, plane coordinates), geographic coordinate system (use NAD83), geographic projection, units (use US Survey Feet), and tide gage location. For all subsurface structures and dredge projects include elevation (z coordinate) datum indicated as a negative below MLLW, and also indicate the survey system and bin sizes as appropriate. 10. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 11. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 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 construction, per 36 C.F.R. section 800.13. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. In d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Re-evaluation of Permit Decision. This office may re-evaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a re-evaluation may result in a determination that it appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. Ma 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. LOS ANGELES DISTRICT 5112 U. S ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00901-AJW Name of Permittee: Frances Pedley Date of Issuance: February 7, 2014 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. A6 _ :2 - 26 Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: 1, E-MAIL a statement including all the above information to: Andrew.J. Wendt;cz usace.army.mil OR 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00901-AJW 915 Wilshire Boulevard Los Angeles, California 90017 -11 - LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00901-AJW Name of Permittee: Frances Pedley Date of Issuance: February 7, 2014 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee 2-Z1-1 y dr - Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: 1. . E-MAIL a statement including all the above information to: Andrew.J.Wendt cer usace.army.mil OR 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00901-AJW 915 Wilshire Boulevard Los Angeles, California 90017 rcject Location tN L 3].2013 [Gr,+ -14- 2027 Placentia Avenue, Costa MescL, California 92627 (949) 631-3121 Fax (949) 631-3122 (l 06 '' 41 )k 4;-- r o�v-? rFF, -Alt E -1'`- -1 ni� i I DOCK & ITER BUILDERS, INC. Figure 3 0 CITY OF NEWPORT CITY w MUM am VICINITY MRP am it, asaUM -15 - MTN NZ ATry 91MINGS FRE DPRMSED IN FEET FED ;'MOTE ELEMIONS W&D ON WN LO n LON WIER. 4:- 4Y4. : -4Y4. .. EEL GRASS WSPECnON ras9 wdh n 15' of project ras® within 15 - 30' of prqisG S3' g r �iaol area . 12' I I )moo Date & Time + ME kAis LtoC7 Y CITY OF NEWPORT BEACH Sn lo Rl P°k0 Lid, vE an U RfQr `�e R,'e'd+0ve ark dp t.4sl '2�sOh d`'ck, M may �e#�irid��, 1 Arlo,. k JOB AMFESS Figure 4::] -16- N(} TQC CjNS AND'FROt '.m `Y�2 i?t.'5i ii- Su``&a+'�ii'S - 't� ���}�- �.5t��y : t^� 'i' IAC V11w(. i• Applicant: Frances Pedley File Number: SPL-20013-00901-AJW Date:01/31/2014 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I =The following id&Wl,est`your rights and options regarding an administrative appeal of the above 'decision: Additional fnfortktio may be found at,http.//www usa C.army.miUcecw/pa eg_sfreg_materials.aspx 6 fcorps regulations at 33;FR-Part 33.1 A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rialts to appeal the permit, including its terms and conditions, and q)proved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Sectioull of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit youtright to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit.document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you mayaccept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rigits to appeal the permit, including its terms and conditions, and approved jurisiictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. -17- SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are.addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or If you only have questions regarding the appeal the appeal process you may contact: process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.'.cavanau h cvusace.armv.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be,provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. M Applicant Options with Initial Proffered Permit Applicant/Corps sign standard per nit or applicant accepts letter of permission. The project is authorized.. Initial proffered perm it sent to applicant l?ae applicant accept the terms and conditions of the Yes initial proffered pem,tt? No Applicant sends specific *actions to district engineer. The district engineer will either modify the permit to remove all objectionable conditions, remove sone of the objectionable condRion%, or not modify the permit. A proffered permit is sentto the applicant for teoonsideration with an NAP and an RFA form. ApplicantlCorps sign standardir perrrrt or applicant accepts t the letter of permission ons of The project is authorized_ Yeso Applicant declines the proffered permit. The declined individual permit may be .appealed by subrTk6ng a. RFA. to the division engineer within 60 dam of the date of the NAP (see .Appendix A) . Appendix B STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast District Office 200 Oceangate, 10th Floor Long Beach, California 90802-4416 PH (562) 590-5071 - FAX (562) 590-5084 EDMUND G. BROWN, JR., GOVERNOR April 21, 2014 Permit No. 5-14-0188 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on March 21, 2014 and was reported to the Commission on April 11, 2014 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. CHARLES LESTER Executive Director Zach Rehm Coastal Program Analyst �A�e1�� ��JJ''s,{{��33�� CTION ON STATE OF CALIFORNIA- NATi VIh1dSQUI(CE�AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL coM rove a South Coast Area Officepenied as Recommended Permit Application No. 5-14-0188 200 Oceangate, Suite 1000 Date: April 9-11, 2014 xa Long Beach, CA 90802-4302 (562) 590-5071 ®_,approved with Changes Page 1 of 7 � Denied [] Other ',:.. F7b APPLICANT: AGENT: PROJECT DESCRIPTION: PROJECT LOCATION: ADMINISTRATIVE PERMIT Frances Pedley Swift Slip Dock & Pier Builders, Inc. Attn: Peter Swift / Jacquelyn Chung Removal and replacement of 509 sq. ft. U-shaped floating dock, removal and replacement of three 10 inch steel piles, and re -decking of 72 sq. ft. gangway, over Promontory Bay 836.Harbor Island Drive, 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: April 11, 2014 8:30a.m. Hyatt Santa Barbara 1111 East Cabrillo Blvd. Santa Barbara, CA 93103 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. CHARLES LESTER Executive Director ZF4AhM1--- by: ZACH REHM Coastal Program Analyst 5-14-0188 (Pedley) Administrative Permit Page 2 of 7 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four (4) to seven (7). EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby. determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Location. Descriotion The subject site is located at 836 Harbor Island Drive, Newport Beach, Orange County (Exhibit 1). Single- family residences characterize the subject site and the surrounding area: The project involves the removal of the existing 509 square foot U-shaped floating dock, and installation of a new U-shaped dock of the same size, shape, and location. The existing 72 square foot gangway will be re -decked. Three (3) 10 inch round steel piles will be replaced with like. Total water coverage for the replacement dock will remain 581 square feet (Exhibit 2). The dock project will be used for boating related purposes to serve a single-family residential development. As required, an eelgrass survey was conducted on October 29, 2013. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -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). Because the project is scheduled for the April 2014 Coastal Commission hearing (after the start of the 5-14-0188 (Pedley) Administrative Permit Page 3 of 7 growth phase in March), a subsequent eelgrass survey will be required prior to commencement of construction. As required, apre-construction Caulerpa taxifolia survey was conducted on October 29, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. Because the project is scheduled for the April 2014 Coastal Commission hearing, 90 days will have passed since the survey was completed and an updated Caulerpa taxifolia survey must be conducted prior to commencement of construction. Therefore, the Commission imposes Special Condition Nos. 2 and 3, which identify the procedures necessary to be completed pre and post -construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition No. 3 identifies the procedures necessary to be completed prior to construction. The proposed project has received a Harbor Permit/Approval In Concept from the Harbor Resources Division of the City of Newport Beach. The applicant's agent has sought approval from the U.S Army Corps of Engineers for the dock replacement project. The nearest public access to Newport Harbor is located at the Balboa Basin Marina launch ramp, 450 feet away from the subject site. The dock, gangway, and piles are located on privately -owned submerged land and/or within an area subject to public trust doctrine. A Special Condition is imposed stating that the approval of a Coastal Development Permit for the project does not waive any public rights or interest that exist or may exist on. the property. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach does not have a certified LCP, and the location of the dock remains in the original jurisdiction of the Commission. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The existing single family residence and the existing dock were approved under permit 5586 by the South Coast Regional Commission on July 28, 1975. B. Marine Resources The proposed recreational boat dock development is an allowable and encouraged marine related use. The project design minimizes impacts of construction and installation. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. 5-14-0188 (Pedley) Administrative Permit Page 4 of 7 D. Local Coastal Program As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act. 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 of the Coastal Act. ` E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Qualitv . 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. (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. 5-14-0188 (Pedley) Administrative Permit Page 5 of 7 (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) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (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 on -set of such activity (16) All 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 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 under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: 5-14-0188 (Pedley) Administrative Permit Page 6 of 7 a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline orgasoline.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 which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s). 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 surrey 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 Wildlife. 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 Wildlife. 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 5-14-0188 (Pedley) Administrative Permit Page 7 of 7 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. 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 Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPTIACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing Exhibit 2: Floating dock, gangway, and deck schematic 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 • Fax (949) 631-3122 J01 - California California Coastal Commission South Coast District Office By: r ----------- EFFECTIVE Ll / 11 ! I Date: ----------------------- Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 18 November 2013 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, California 92502 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove and replace existing floating dock. Like for like in size, shape, and location. Remove and. replace 3 —1o" steel guide pile. Re -deck existing gangway. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Frances Pedley 2. Project Address: 836 Harbor Island Drive Newport Beach, California 92661 3. Applicant Phone: 949.631.3121 4. Parcel Number: 050-431-22 5. Scope of Work: Remove and replace existing floating dock. Like for like in size, shape, and location. Remove and replace 3 — io" steel guide pile. Re -deck existing gangway. 6. Latitude/Longitude: N 33.3640.17 / W -117.5341.51 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to the Regional Board General Certification for sheet and dock pile replacement, issued on 29 September 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office directly with any questions Sincerely, Swift Slip Dock and Pier Builders, Inc. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-30441 Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing dock. Like for like in size, shape and location. Remove and replace 3-10" steel guide pile. Re=deck existing 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 Address: 836 Harbor Island Dr. Legal Description: Harbor Permit Number: 200-836 Plan Check Number: 2758-2013 Applicant: Frances Pedley Applicant's Mailing Address: 836 Harbor Island Dr., Newport Beach, CA 92660 Phone Number: 949 -631 -3121 -Swift Slip 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 'A 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: jai 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. 13 Lisa Walters, Harbor Resources December 2, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 ]' Comml ;- Residential Worksheet for Building Combo Permit AR lication City of Newport Beach -'Building Divisio NOTE: PLAN CHECK FEE DUE. -AT TIME OF SU Elec Mech I Plum Cu Yd Cut V l ill %4jX 1 W WA %W j' -'`Building f7 Grading `Drainage .J� � _ Project Address (Not mailing address) loor Suite o Description of Work - Use Remove and replace existing floating dock. Like for like in size, shape, and location. --- # Storiesi # Units (if Res) Remove and replace 3 -1o" steel guide pile. Re -deck existing gangway. Valuation $ 1 - 1�ho �. Material/Labor ' V V New/Add SF Remodel SF � Garage/New/Adder OWNER'S NAME Last ���-�� First Owner's Address Owner's E-mail Address Jacquelyn.chung@sbcglobal.net City New ort Beach State California Zi Tele hone 949.631.3121 1..........__p____.. p �2�0.[.._.. p _.. APPLICANTS NAME Last Swift First IPete Applicants Address Applicants E-mail Address 2027 Placentia Avenue iJacquelyn.chung@sbcglobal.net - City Costa Mesa State California Zip 192627- Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last F , First —�� Lic. No. F Architect/Designer's Address Architect/Designees E-mail Address — city State Zip Telephone, ENGINEER'S NAMELast Bazley First [Tim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 Jacquelyn. chung@sbcglobal.net City San Pedro r State- California Zip 90731 Telephone 949.631.3121 Pier Builders Lic. No. 797052 Class— CONTRACTOR'S NAMEKOMPANY Swift Slip Dock and Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net _ _l . City Costa Mesa r State California Zip 192627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. a GRADING PIC FEE $ . PLANNING PIC FEE $ PLAN CHECK PLAN CHECK FEE $� ELEC/PLUM/MECH P/C FEE $ DEVELOPMENT # TOTAL -FEES PAID $ CITY OF NEWPORT CITY OF NEWPORT BEACH P19crFIc ac SAN VICINITY MRP MNM ear, GLUUM 111 zf —,r 1 T _- � r1t t' rt il\ cs 11 WEST JETTY JETTY SOUNDINGS ARE EXPRESSED IN FEET FM DENOTE ELEVATIONS BRSED ON MERN LOWER LOW WRIER.. 17f, f IRPPLICANT'S MW VKAN C-(� 6 VOP Lmay I. JOB RDDRESS 516 IX.1 DRTE It .15 • Zb f7 I iy-e wo'p SG DIVE WORKS (949) 759-0773 j =E_ 429-0 Shoreline Village Drive Lon Beach, CA 90802 NG srl � g Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 836 Harbor Island Dr, Newport Beach CA This Preliminary Eelgrass Survey is the result of studying this property and dock system to determine the presence of eelgrass. Eelgrass was not observed at proposed project site. Caulerpa Taxifolia was not observed in subject area noted above. This 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 assists 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 developments by contractors like you help 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, Rl--� uo-� DiveWork@gmail.com (949) 759-0773 PRELIMINARY SURVEY Page 1 of 10 DIVE WORKS (949) 759-0773 836 Harbor Island Dr 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey October 29, 2013 Frances Pedley 836 Harbor Island Dr Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Survey Report Prepared October 29, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Page 2 of 10 x`� e wo A� SG DIVE WORKS (949) 759-0773 836 Harbor Island Dr Newport Beach, CA 429-0 Shoreline Village Drive I " Long Beach, CA 90802 Preliminary Survey October 29, 2013 GNU sr.R�� Y Y CONTENTS List of Tables 3 List of Figures 3 Current Situation 4 Survey Method 4 Survey Findings 4 Discussion 4 Caulerpa Survey Form 7 Eelgrass Survey Form 9 List of Tables Tablet. Tides and Currents for Newport Beach, CA October 29, 2013 .....................................................................................................................5 List of Figures Figure 1. Location of 836 Harbor Island Dr, Newport Beach .....................................................................................................................5 Figure 2. Proposed Changes for 836 Harbor Island Dr, Newport Beach .....................................................................................................................6 PRELIMINARY SURVEY Page 3 of 10 iy� woR� gs�s DIVE WORKS (949)759-0773 429-0 Shoreline Village Drive �,� Long Beach, CA 90802 t� ANG SER��� Current Situation — Preliminary Survey 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Customer (Frances Pedley) at 836 Harbor Island Dr, Newport Beach, CA proposes replacing existing dock system "in-kind" with proposed similar configuration and different dimensions. This is a Preliminary Survey to determine impact on existing natural habitat and navigational waters. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. See Eelgrass Survey Reporting Form and Figure 2. Survey Method Survey conducted October 29, 2013 beginning at 1400 hr approximately N Lat 33. 611264 W Long -117. 894869. Day was overcast with air temperature 69° F. Water temperature was 65° F. Depth ranged from 3' at sea wall to 10' past end of dock. Visibility was 2' foot. See Table 1 Survey area delineated spanning 55 ft parallel to sea wall and 55 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with diver's spaced 2 ft apart scanning perpendicular to beach head. Lane width was approximately 6 ft wide scanning approximately 2 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form). Fauna: Observation included mussels on piles and Skates (Sting Rays). Remainder of survey area was sand and dirt (sediment). Visibility was 2' ft. The water depth ranged from 3' at sea wall to 10' past end of dock. See Figure 2 Discussion Eelgrass (Zostera marina) was not observed, see Figure 2 and attached Eelgrass Survey Reporting Form. This Preliminary Survey observation findings show proposed project to have no impact to habitat. Proposed project is "'in-kind" to existing dock with same dimensions and materials to be used. Existing piles to be replaced in-kind with same dimensions. See Figure 2. Impact to navigational waters would be unchanged. Proposed dock will be "in-kind" to existing dock. Habitat will not be disturbed due to old/new dock systems to be floated in/out of construction site. Sunlight penetration through water within this project site will remain the same. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and maintaining clearing navigational channels for boaters. PRELIMINARY SURVEY Page 4 of 10 jyf' wo'k DIVE WORKS (949) 759-0773 836 Harbor Island Dr " Newport Beach, CA 429-0 Shoreline Village Drive F.R�t� Long Beach, CA 90802 Preliminary Survey October 29, 2013 Table 1: Tides and Currents for Newport Beach, CA October 29, 2013 NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Station1d: 9410580 Daily Tide Prediction in Feet = 5.89 Time Zone_ LSTILDT = 4.59 Datum. Pa1LLW ° 4.99 Date Day Time Hgt 3.59 10/29 Tue 12:13 AM 1.05L m' 3.99 10/29 Tue 06:49 AM 4.6 H t 10/29 Tue 12:56 PM 1.74 L 2.59 10/29 Tue 06;36 PM 4.2 H` " 2.00 -. 10/30 'aged 12:46 AM ++ 1.03 L C 1,59 10/30 wiled 07:13 AM 4.99 H x 1 66 10/30 Wed 01:32 PM 1.16 L � 10/29 16/29 19/29 19/29 19/39 19/39 19/39 10/36 16/31 12an ban 12pn 6pn 12an ban 12pn 6pn 12an 10/`30 Wed 07:23 P@1 4.34 H Date/Tine (LST/LDT) Figure 1. Location of 836 Harbor Island Dr, Newport Beach l X38 F#ai666 PRELIMINARY SURVEY Page 5 of 10 PRELIMINARY SURVEY Page 6of10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera 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 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: 836 Harbor Island Dr Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: 33. 611264 (UTM, Lat./Long., datum, accuracy level, -117.894869 attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at Replace existing dock "in-kind" the site under the permits identified above) PRELIMINARY SURVEY Page 7 of 10 e Wopks - jo DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe Depth range: 3'- 10' Bottom is sediment, Sand and the physical and biological Dirt. 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 type: Sediment, sand Temperature: 690 Air 650 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >7S% area including bottom conducted including type of DATE: October 29, 2013 surveyed. survey (SCUBA, remote video, TIME :1400 PM 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 visibility in water: 2' Survey e and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted 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) PRELIMINARY SURVEY Page 8 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass 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 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 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: 836 Harbor Island Dr Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Newport Harbor Hydrographic System: (bay, estuary, lagoon, or harbor) Specific Location: 33. 611264 (UTM, Lat./Long., datum, accuracy -117.894869 level, attach electronic survey area map ifpossible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site xxx No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Replace existing dock "in-kind" conducted at the site under the permits identified above PRELIMINARY SURVEY Page 9 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 836 Harbor Island Dr Newport Beach, CA Preliminary Survey October 29, 2013 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe Depth range: 3' -10' 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), Substrate type: Sediment, sand Temperature: 690 Air 650 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exoticspecies encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of DATE: October 29, 2013 surveyed. survey (SCUBA, remote video, TIME :1400 PM 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 visibility in water: 2' Survey e and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted 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) PRELIMINARY SURVEY Page 10 of 10 n OPTC & VTVV BUILDERS, INC. Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Frances Pedley 836 Harbor Island Drive Newport Beach, California 9266o Remove and replace existing floating dock. Like for like in size, shape, and location. Remove and replace 3 —1o" steel guide pile. Re -deck existing gangway. Document #1— Assessors Map Document #2 — Aerial View of Project Site Document #3 — Drawing of Existing/Proposed Floating Dock System Floating Dock Superfloat flotation pontoons 4 x 8 framing with 5 x 7 angel clips 21/2" diameter steel torsion tubes built into fingers for long term stability 2 x 6 diagonal sheer braces Azek PVC decking attached with stainless steel screws — I x 6 Slate Gray I x 12 Azek white facia with white rubstrip and corners 16 —14" cleats 3 — to" diameter steel guide pile Steel pile guides with polyurethane rollers each Gangway 24'x 3' dimensions Re -deck existing gangway m 0 'S310N im3wnnow cmv J.3A71nS• ).zvaNn06 aoy Z 133115 935 dtlW X3aN1 ONV SiNIa9315 !9 SIStl'2 IMI T _33116 335 OLbI 1T]39W303C " ,310N 95 - tI,Fs - �,S n ,a0'O{ I ,OE 0 Io ZI N rffIl M W "� .00'001 I 3..LZ,£1; I p O 7 D 11 L9 8£ F� I 3_LZ,£I,S m .ao 00I- 1 3.LL.£1-5 N 0 O I � 6 ,oa�00I I m z c 3_LZ,£1,5 N m A n O w CS Q _ F 00 og, m A G L I oo9ol I 3_L I U, o p -l%I - j � m C3 lJ o Irn < .0090/ I 3.LZ,E1r_S N_1"9: ,n o Z 0 O 0E ,of Oa"001 [r 3,.LZ,E:eSM1 AAS r v i WP cow- - �w n `aey;7 4a � tc�1e 3.LZ.i1o5h N m�I ro SEI OLbI 1T]39W303C " 6a1£ST.. J51a GI b31e6196 95 - tI,Fs - �,S n i Y -iD95E ,ro ,wE1 BOlt 9 1!_Zo,bLe - IT' 5371Jtl �LO'9Z y1N2lC�1"1 tl'J �D 31t71S'39ri9ZiO d0 x1N00D rt+Ctl39 1Z30dM3N 301.111 3H1 rvl N rffIl M W "� i 1:)'V211 W rn� WIC L9 8£ F� I 11"3. FZ E-1 3.Zc,95eoN I S 1NS 335 / i 3020 - 4�14, Z� JJ�J / OLbI 1T]39W303C " 6a1£ST.. J51a GI b31e6196 531tlIJOSS10 ONb. 150Ld -Nr39 -4nvb ~��Y 1 1507,j r Y4tl l'1lIM "3.�I5111JN1 9-tl $101 ONtl SlN-I 03639WCIN S") /OYDiYY 11uMa +9YYYa 4d�Ri37YYtlnLl1311U - 5371Jtl �LO'9Z y1N2lC�1"1 tl'J �D 31t71S'39ri9ZiO d0 x1N00D rt+Ctl39 1Z30dM3N 301.111 3H1 rvl N rffIl M W "� 1:)'V211 L9 8£ oN Sit N"runa ,o9 = r.I 31V3S S133HS L d0 v 133HS CITY OF NEWPORT BEACH CASH RECEIPT FINANCE DEPARTMENT 100 Civic Center Drive, Newport Beach, CA 92660 P.O. BOX 1768, Newport Beach, CA 92658-8915 Permit Number: 2758-2013 Project Number: Today's Date Nov 22, 2013 Receipt Number: R000042089 Job Address: 836 HARBOR ISLAND DR NB Description: R/R FLOATING DOCK "LIKE FOR LIKE" R/R (3) STEEL GUIDE PILE. Owner: PEDLEY FRANCES J Applicant: SWIFT PETE Date Paid: Nov,22,2013 09:14 AM Total Paid : $666.00 Notation: SWIFT SLIP Initial: CE Description Payment Type Check Number Card Type Tendered Payment Check 6167 $666.00 FOR PLAN CHECKS ONLY: TARGET DATE: For -status, please log on to www.newportbeachca.eov/building, and select PLAN CHECK STATUS or call (949) 644-3255 NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL H H v 9 LIFOR� HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions December 2, 2013 Property Address: 836 Harbor Island Dr. 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 10.0.8.030 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 except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 12' 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 17 '. Lisa Walters, Harbor Resources Applicant Signature Joint Pier Applicant Signature (if applicable) Date Print Name Date Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach; CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions December 2, 2013 Property Address: 836 Harbor Island Dr. 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 six4hirty 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 I 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 except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 12'.' 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 17 Lisa Walters,, Harbor Resodrces Date' '7t-2- �j /,y Applicant Signafure U Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 l �/t �G���Of� le �S i tfa`�LP �I •'�� � J � P ���� � � - _ - fl/�s�,�o,�r t - 7o Z.gg'5coch /{1j //7 } N ter) a ' �. E F �tt Cl/ � Iw p II S 4f 6 6° P M I T i S K f �.r Hwas! fs FrAAf Jflrj Y NHWPIJ RY 4.4Y CAL 1F'ORNIA _.R SoUrjdin95 are &X1Or4=1-5Cd !n beef and clVfro�E d,pp fh s b e%bv /YlCor! Lo -Wer Low Wo f c r. rc7s�9N of fide Opprvxi�na B/Y /D %��f /ardor /1i7 C.5 E are esloul!'she�d i.� fh:s ,sccfion o>rNcw�orf may f 1 p�erh��i lilt, II I 53 7�� •;. IPL, r D� �' a e� l i . C�"� e �� tt 1 ^ .. 1.a O ' 1 e t ' �0A/r',V,4 �. re),C 0,) , ®�,�+ Newport Beach CcIlifornia 92660 November 7, 1977, Your organization conscruccea a new stip stoat, ramp: landing and ramp on my property_ at the above address during December,.1977. We are very pleased with the work I have just received a letter dated November 2, 1977 from Mr. Tony Melum, Harbor Inspector, Marine Department,, City of Newport Beach stating that the drawing submitted for the permit application is hot the same as your construction. We discussed different plans. It was decided to reverse the plan you originally submitted I always assumed that you submitted the reverse plan for the permit. Please provide Mr. Melum a drawing of the final construction showing accurate dimensions and the location of the structure as he requests with_a copy for my files. I will appreciate an early resolution of this problem. Your cooperation will be greatly appreciated. If you have any questions, please call me at my office at 213-620-3906. With Kindest Personal Regards, Pierson Pedley ., r cc: Mr. Tony Melum Harbor Inspector Edmund u. ul°o Wil, Jr. , Governor STATE OF -CALIFORNIA CALIFORNIA COASTAL ZONE CONSERVATION COJ"ISSION C;nAc;7 `?7rC=.1n 1A.L (7,C)M1A{SSION i- -, (2)3) /.36-s201 V14) Edb-1)6Aa RESO"LU`I1011 OF APPROVAL rl.i�U t'L Application Number. P-6-26-75-5586 Name of Applicant: Mr. & Mrs. Pierson Peley 2165. Vista Entrada; Newport Beach T 92660 Permit Tjpe: Standard (� Emergency Development Location836 Harbor`Island Dr., Newport Beach Descptior�o. Construction of a 2 -story single--iarcily Development dwelling, 25° average finished grade with pier and slip. Commission Resolution: I. The South Coast Conser Corr:ission finds that the proposed, - development: stantial adverse environmental or ecolog- A.. Will not have a sub Teal effect. B. Is consistent wi th the findings -and declarations set forth --in Public Resources Code Sections 27 a C. Is subject to the following other resultant statutory pro- visions and policies: City of Newport Beach ordinances. D. Is consistent tTith the aforesaid ,other statutory provisions and policies in that approval in concept has been issued. E. The follot,irg language and/or drawings clarify and/or facil- itate carryir_g out the intent of the South Coast Regional Zone Conservation Coi,urli ssion: approval in concept. application, site reap, plot plan and _ held on July 28, 1975 IL. Whereas., at a public hearing date at Torrance by aunani.mous vote here-- to cation P-6-26-75-5586 - by approves. the application for Permit NumberAct _ pursuant to the California Coastal 1puon rsuant to 1972, subject to the follovn.ng conditions-imposed the Public Resources Codes Section 27403= _ None 4 a etual.: and..- . bind.: all. fu-tuxe -. = III Said terms and conditions shall b� perp art ,-thereof unless okrners and possessors of the property or any P otherwise specified herein. - i TV. The grant of this per rut is further Made subject .to the following A...: That this permit shall not become effective until the attacuth attached_ verification of..permit has been return ed to Regional Conservation Commission upon which copy all permittees have acknowledged that they have received a copy of the perm t and understood its contents. Said acknowledgment should be returned within. ten. working days following issuance of this 4 permit. B. That said development is to be commenced an or before 360 days from effective date of issuance. V. Therefore, said Permit (Standard, �"�'�) No. P-6-26--75-556 is hereby granted for the above described development only, sub- ject to the above conditions and subject to all terns and pro visions of the Resolution of Approval by the South Coast Regional Conservation Commission. Irl, Executed at Long Beach, California on behalf .outhStSllyh975 1st . Regional Conservation Commission on M!. Car , nter Executive Director 2474 wk 6. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT; CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA OM53 SPLCO-N Public Notice No. 75-171_ 31 July 1975 YOU`ARE.INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT i APPLICANT: Mr. Pierson L. Pedley c/o,Welton & Company 2845 E. Coast Highway Corona del Mar, California 92625 AGENT: Darrel Stained, (714) 644-8877 ACTIVITY: Construction and installation of a slip float, ramp and cantilevered deck at 836 Harbor Island Drive, Lot 2, Tract 3867, in Promontory Bay, Newport Bay, Pacific Ocean, City of Newport Beach, County of Orange, California, as shown on the drawing accompanying this notice. PURPOSE AND USE: To provide private docking facilities.- FEDERAL,--STATE-AND acilities.FEDERAL,-STATE AND; LOCAL AUTHORIZATIONS: Approval has been received from the City of Newport Beach and the Water QualityControlBoard. Approval will also. be required from the Coastal Zone Conservation Commission, prior to issuing permit. ENVIRONMENTAL IMPACT: This office does not intend'to prepare.an Environ-. mental Impact Statement on this activity unless significant detrimental effects are brought to our attention. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based bn an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue. from the activity must be balanced against its reasonably foreseeable detri ments.._.A11 factors which may be,relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use -classification, navigation, recreation, wager supply, water quality, and, in -general, the needs and welfare of.the people. Details of changed conditions on the final permit action will he provided upon request.. FOR THE -..DISTRICT ENGINEER: ROBERT H. REINEN' > ` _ LTC, CE Deputy District Engineer C T of /vEls'POrPT Je.QCN � �WcST .� tS — - 46.60 -- -- 'c Co.�Qas.a - it:•Gl• `� i 1 - Co �o a tir ,#&A vp40 - AO g as- ja- a CK..r1 O C, + •a'•K VICI LAITY SKETCH ® �o C N0 26 Naw.-owr B.wy CAL iroRNIA StLolt 1 4° ' - Soundings oma• a.rrwcssed rn !sem/ o•►d d..,o/� dQf+/hs be/ow Moon Lowe. Low- l /ofrjn. MOir...C7eww C ' zany of /r'dc OPprv+or•nol(s/y /01rw/ Hwbor /.nes Ore eo>Ob/r•Shed rn �/iis SeCf�o.: OfNewiPor� 6q�. n S14 'A 31 j i k'lQO �q ( hit � g' c_ __ 16,1.# - i - Scglt 1'x:34' t H6 .Isla.; .... Dry Pie.l-30n`. �• ebler . v ecv67 �+ aQQEss • $3b Narbor Islar,� Dr COM74 C%*AG Verb o -47-e ft2 iS t S 4 $• 4' y �� 'rr� 1� t j rn•f�. i p o N 6 kw 94 e.LA 44 v (� 0 - 4 p./ M� 1 e , -�•-�/ ,` C -per •v a, /v0+A 1'OYf{'1i��11�• VICO I 1 Y SkE 1C� - _waJr J67i)' 6.apr C�o 0) w 1�1� N.wvogP DA i CAL WOLNIA ( � �(rry �0 1 � � w Sound�nys o.a wapressed en leaf and danof� dvPf/+s be/ow MCO/J Lorvor Low Wofvr. M03r..+�+c+ conga• ,, f.'a/c OpProx/pnOfa/jam /O lbaf f✓brboe /ncs ore es/Ob//'Shed rn /h/$ secf�opr o�Na.,�Por� �o� t c',fiy P,��hgm�• SIT, .. r14' Al - �•�'-�--�?�-'•u� � a�-ice _ .... Person .. 1,. C b?¢� 6 4V 6 7 I t 3b 9Arb0- X� SIP-A �r CoAl7-R CTO G'►1f�a Uar� 40.A �I - - CITY CW NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY S14OV5N ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUWECT TO TFIZ . k rt0VLSjoNS `Oy THE "ARBOR PEI3MT € aLICM6 OF N1r21W,04T 13EACH ANlr ANY SPEVAL CONN TitfNS .Li-STU I FiEl Z,0..sSl�. THIS PERNrrT IS NOT TRANSF"ERABLr. il#TllOUT `a V307TEM Z-ONS2NT O„ VNE CI'T`Y HARBOR CoaXI)51HATOR ON w t°I'Y C5..,,UNC L.. Ti-!'. RIGH'h0v GVVEN UNk)ER Tells, P6;y liT ARU PERMISSWE OWL' AND THIS PIKRIMT MAY Bf-Rl VOkED Ely THE CITY COUNCIL: IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. o0 -- �3 (' PERMIT NO. Ito 'IiT MAROOR COORLSIN;k—T R ®ATE CONSTRIUMMON Pillnillllff W .. .7.. 'SE ATTACKED SFIEET CI L, CORIDiTIflNS: carps Of Engineers Per.l # 10 — 1 %__7S® Orange County P SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELE�, CALIFORNIA 90053 Mr. Pierson. L. Pedley 836 Harbor Island Drive Newport Beach, CA Dear Mr. Pedley: 17 October 1975 Your permit, dated 17 October 1975 (75-171), has been validated and is enclosed. Notice of Authorization and copies of forms for reporting the status of work are also enclosed. 3 Incl 1. Pe rmi t 2. Notice of Authorization 3. Work status form (dupe) Gvnit» 51 rkF Sincerely yours, Ace ;19 ROBERT H. REINEN LTC, CE Acting District Engineer Application No. 75-171 Nollu, of \yil+lis^itnl Nit-, 1 Pi o on L., Pod I.-Hpi.A.1vtj Expiration Cate (if applicable) �^��_.����Atll���_197-$— ._._._._._._._._______._._ - DEPARTMENT OF THE ARMY PERMIT ftefen'irag to written request ciateci22J U te__ ...........for a Permit to: (X) Perform vvor'k in or affecting navigable waters of the United states, upon the recommendation of the Chief of Engineers, Pursuant to Section 10 of the Rivers and Harbors Act of March 3, 9899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secreti ry of the Army acting through the Chief of 1;ncgineers pursuant to Stiction 404 of the Federal Water Pollution Control /Act (FSS Stat. 8,16, P.L. 9245(3()); ( ) 1`1'iilYSdiorl drodged nnatorial for they Purpose of oliurnpin.g lt: intcl cwe.i:NY N15a17117ti upon "thaa k'sii:inco of Fa l:)faY!'S'l it. frta'!'n ti"t 4'i ;; g1:',re't r1Y'•/ of the PumV ac:tint5 'through ,ho (:ilio( of Enslinwirti purvkutr'a to :' ecdon 103 of 11141 Wliorilir! Pro1w.oll.-In' i'tiil)m110I orlfl of 1171".'. 186 Stat. 1052; P.L. 92.53 2); 1%1r. Pierson L. i,( Ci l E y -41 (Here insthrl' the full narne and caddr(iss Of the Perrnitte i) 8-,,6 Harbor island Drive Newport Beach, GA is hereby authorized hY the Secret.'ary of the Armv: t„ construct t and i ns'l 6 i I a s 1 i p -f l oat, rarl-p and cyan -H levered dock - - - -o (here describe the proPoaed structure Or activitY. and Its intended use. In the case of an application for a till permit, describe the struettdres, if any, proposed to be croctee4 on. the fill. In the cease of an application for the diaclaarge of dredgotl or fill x/lateriai Into navigable wotoxs or the traYuportation for dircharAe in . can, waters of dwedged xnateria.l, describe the type and quantity of xnatertal to be dischargod.) W Pr'omoni"ory Bay, Newpor`i" Bay, Paci i' 1 c -wa (here to be named the ocean, river, harbor, or waterway Ocean i �c,r is !an__ dDr•i ve, l.,ot 2., 'T•rac., r- •w More to be ramrod the noareot well-known locality--. �.. r 6iret+:rkilsly a town CAI' city --and the d.lstance in xAiilela n.rid 3867, City of Newport Beach,COL1rll•y o1• tcrAclul fy'wu Sonia dcflrlito Point in the rlarne, fltating (,)t"ailg(, California ^ ^ -' a^ --^- w �. =. ""'""""P whAhcr above or below or givirc� itirection by poinis of in kiCCO": l AnCt wits, ilie plans and drawings attached hereto which "re incoxpor ated ivi and .rlatade YA Part of this pi"MAH,, (on dravtlngs: give file L1urn3,er or other de.finito identifie. ation nxarlcs), P l is rson L. P(ad l ey Drawn by: Gi l l i and Doi by Dated , 6/ 12/75 stlii;s� tf. iu 0111 following eontutio.na: - l. i:;i;rtrt•iaS ;.txiYttit'ssvrSsc a; Thatallactivities identified and authorized heroin shall Lie consist'ont with the terms and Conditions of this permit; and that any activities Flet gw;ifir:;ally idi?ritified and authorized heroin shall constitute a Violation of tl're teNTIS 0114 COnditiOn'; of this Permit Which rra,av rts'.;il lir tim modification, suaPonsion or revocation of this permit, in vvholo or in Part, as set forth rnore specifically in Cionaral Conditionr ; '.! k t9§netu, :ani'j in this institution of such halal l:irocoadings as the Ui)ited :(ales Government may trins'itltsr appropriate, wh(gie )tsit n�.'t 010 431°" reit has -b—, -n previously modified, suspended or rovoked in vlksnlai or in part. 1723 Y Iat'S'St7t} C} ,1i,FNF W6$ is 0Y_lS;•'1 ':i'F:, (ER 1145m.2«30,') ( ✓' I/ r MIJJ_,Tr-,N_AAI_ f=RFf7(;IAI(;• fJ Thaj when tha nrk aiyt}10Li�rr1 hPrpin inrl�ydpc �ar7nrlic m^inienance rlwAgInn It m_nay-be..par�ormBd uado c -his permit -for— ears-Uom-thu-date-of-issuance--a"his-per-mix._(sen-years-unless-other-wise-indicated);-and-t2--Tfiat--the permittee-wilLadvise the District_EngineeLin-wcitingotleast-twa_weeks-bafor r. intPnds_to widertake anv-=intenance dredging,—_,. 'This permit shall,ball me effective on the date oYthe Distrief-E ggineer's signature. Pormitt v her accepts and ogreos t omp y wl h terms.Wd o ditions of this permit. PERMITTEE DATE BY AUTHORITY OF THE SECRETARY OF THE ARMY: P,-Wn,-- -1-7 October 1975 - fes" ''� ROBERT H. REINEN, LTC, CE DATE Acting District Engineer yrs r�rrer�N�rniEER., U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE I DATE STATUS SHEET HARBOR PERMITS