HomeMy WebLinkAbout110-1114R'LCO-N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
Mrs. Lillian A. Bahan
1114 E. Balboa Blvd.
Ne wport Beach, CA 92663
Dear Mrs. Bahan:
2 November 1977
Thank you for your letter of 31 Mav 1977 notifying us of
your intent to construct a modification of a boat dock at
1114 E. Balboa.Blvd.. Lot& 8 &-9._11lock 17, Tract Eastside Addition.
Your drawings have been reviewed and generally conform to the provisions
of General Permit - GP 004 for zpLayately owned boat docks
in -Newport Bay
Providing you have complied with State and local laws you may proceed
with the work.
Your proposed work has been assigned General Permit No. GP 204-212
If you have any further questions please feel free to call our Navigation
Branch at (213) 688-5606, and refer to this number. A copy of the General
Permit is inclosed.
Sincerely yours,
1 Incl AR.P10(U4N, P1
As stated Chief, Construction-
Operations.Division
OTIOv
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cIA FL 537
Apr 77
SPLCO-N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
TO WHOM IT MAY CONCERN:
General Permit GP004
Newport Bay
1 November 1977
The District Engineer, Los Angeles District, Corps of Engineers announces
the issuance of a general permit covering the installation of privately -
owned boat docks in Newport Bay, a Navigable Water of the United States,
as required by Section 10 of the River and Harbor Act of 3 March 1899.
This permit is issued in accordance with the provisions of 33 C.F.R. 320,
322, 325-26 and, 328-29, titled� "Regulatory Program of the Corps of
Engineers" which provides that the District Engineer may issue a general
permit for act ivit ies-wh1ch-a-re-sub st-ant-i-a-1-1-y-s-i-m-i-lar—in- nature, that
cause only minimal adverse environmental impacts when performed separately
and have minimal adverse cumulative effect on the environment. Upon
issuance of a general permit, all activities meeting the established cri-
teria are approved and will not require the submission of individual
permit applications.
This general permit also authorizes the modification and replacement of
existing boat docks but not the installation of new boat docks where none
exist in Dover Shores and around the perimeter of Balboa Island. Under no
circumstances will the general permit allow boat dock construction requir-
ing bulkheading, dredging, or filling below the Mean Higher High Water
(MHHW) elevation or in wetlands. Construction of a boat dock will not be
allowed across any beach designated for community or public use, unless
the new dock will replace an existing dock and cause no additional encum-
brances on beach recreation.
Typical drawings, depicting the most common types of installations that
are covered by this general permit, are included in this notice along
with a map showing those Navigable Waters of the United States where the
generalpermit is applicable.
The general permit covers both existing and proposed facilities within
any of the private property boundaries shown on the attached drawings.
individual boat docks that do not conform to the established general
criteria will require a separate permit. The general permit is not
SPL6-N'
G�neral Permit GP004
I November 1977
applicable to commercial or public -marinas nor to structures extending
bayward of the piarhead line.
The general permit is issued for a period of five (5) years from the
effective date of this permit.
DEFINITIONS:
a. The term '�navigable waters of the United States" means those
waters of the United States that are subject to the ebb and flow of the
tide shoreward to the mean high water mark (mean higher high water mark
on the Pacific coast) and/or are presently used or have been used in the
past, or may be susceptible to use to transport interstate or foreign
commerce. (See 33 CYR 329 for a more complete definition -of this term.)
b. The term "wetlands" means those areas that are inundated or
saturated by surface or ground water at a frequency and duration suffi-
cient to support, and that under normal circumstances do support, a preva-
lence of vegetation typically adapted for life in saturated soil condi-
tions. Wetlands generally include swamps, marshes, bogs and similar
areas.
c. The term "adjacent" means bordering, contiguous, or neighboring.
Wetlands separated from other waters of the United States by manmade
dikes or barriers, natural river berms, beach dunes and the like are
"adjacent wetlands."
SPECIAL CONDITIONS
a. The permittee shall notify the District Engineer in writing at
least fifteen (15) days prior to the initiation of the work. This noti-
fication shall include the dock length, location of the dock by lot and
tract number, and the name, address, and telephone number of the per-
mittee.
b. The permittee shall comply with the City of Newport Beach and
County of Orange or other local authority in the construction and place-
ment of the dock.
c. Docks shall not exceed 800 sq ft of float or pier surface.
d. The permittee shall submit project plans to the state of California
Regional Water Quality Control Board, Santa Ana Region, and shall obtain
approval from the Regional Board prior to initiation of any work authorized
herein.
OA
SPLC"-D-N�
General Permit GP004
STANDARD CONDITIONS:
I November 1977
a. That all activities identified and authorized herein shall be con-
sistent with the terms and conditions of this general permit; and that
any activities not specifically identified and authorized herein shall
constitute a violation of the terms and conditions of this general permit
which may result in the institution of such legal proceedings as the
United States Government may consider appropriate, whether or not this
general permit has been previously modified, suspended or revoked in whole
or in part.
b. That the permittee agrees to make every reasonable effort to pro-
secute the work authorized herein in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental
values.
c. That-tbe-permittee agrees to prosecute -the work authorized herein
in a manner so as to minimize any degradation of water quality.
d. That the permittee shall permit the District Engineer or his
authorized representative(s) or designee(s) to make periodic inspections
at any time deemed necessary in order to assure that the activity being
performed under authority of this general permit is in accordance with
the terms and conditions prescribed herein.
e. That the permittee shall maintain the structure or work authorized
herein in good condition and in accordance with the drawings attached
hereto.
f. That this general permit does not convey any property rights,
either in real estate or material, or any exclusive privileges; and that
it does not authorize any injury to property or invasion of rights of
any infringement of Federal, State, or local laws or regulations, nor
does it obviate the requirement to obtain State or local assent required
by law for the activity authorized herein.
g. That this general permit does not authorize the interference with
any existing or proposed Federal Project and that the permittee shall not
be entitled to compensation for damage or injury to the structures or work
authorized herein which may be caused by or result from existing or future
operations undertaken by the United States in the public interest.
h. That this general permit may be summarily suspended, in whole or
in part, upon a finding by the District Engineer that i=ieediate suspen-
sion of the activity authorized herein- would- bec irr ths general public
interest.
3
SPL(,,'O-N 1 November 1977
General Permit GP004
i. That this general permit may be either modified, suspended or
revoked, in whole or in part, if the Secretary of the Army of his author-
ized representative determines that there has been a violation of any of
the terms of conditions of this permit or that such action would other-
wise be in the public interest. Any such modification, suspension, or
revocation shall become effective thirty (30) days after publication of
written notice of such action which shall specify the facts or conduct
warranting same.
J. That any modification, suspension, or revocation of this general
permit shall not be the basis for any claim for damages against the
United States.
k., That no attempt shall be made by the.owner..to.prevent.the full
and free use by the public of all navigable waters at or adjacent to
the activity authorized by this general permit.
1. That if the display of lights and signals on any structures or
work authorized herein is not otherwise provided for by law, such lights
and signals as may be prescribed by the United States Coast Guard shall
be installed and maintained by and at the expense of the permittee.
m. That if and when the permittee desires to abandon the activity
authorized herein he must restore the area to a condition satisfactory
to the District Engineer�;.
n. That there shall be no unreasonable interference with navigation
by the existence or use of the activity authorized herein.
o. That permittee hereby recognizes the possibility that the struc-
ture permitted herein may be subject to damage by wave wash from passing
vessels. The issuance of this general permit does not relieve the per-
mittee from taking all proper steps to insure the integrity of the struc-
ture permitted herein and the safety of boats moored thereto from damage
by wave wash and the permittee shall not hold the United States liable
for such damage.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
T'
GG 'R8B'11N SON DATE
Colonel, CE
District Engineer
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