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HomeMy WebLinkAboutM2000-0029- � I, :I � , SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS p, 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Public Notice No. 78-195 2 February 1979 Date Comments Due: 2 March 1979 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICAM Mr. George Reade, Jr. 1300 East Balboa Boulevard Newport Beach, California .92663 APPLICANT'S AGENT: Mr. Steve Barrett Gillis.and.Derby, Inc - (714) 673-1630 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899.to add a 15 -foot extension to an existing Wooden retaining wall at 1300 East Balboa Boulevard, Lot 1, Block 21, Tract Eastside Addition, in Newport Bayp Pacific ocean, city of Newport Beach, Orange County, California, as shown on the attached drawing- pURpOSE,AND USE, To reduce the rate of sand deposition immeditely to the West of the wall. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approval has been received from the City of Newport Beach. Permits or approvals will also be required from the Water Quality Control Board -Santa Ana Region, and the California Coastal Commission, prior to issuing the permit. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS: The proposed activity is not near any of the sites listed in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having knowledge of archaeological, scientific, prehistoric or historic materials in the immediate area should contact this office during the comment period. The permit (if issued) will include a condition that if potentially significant findings are made during construction, work shall be suspended immediately. The findings shall be reviewed and appropriate action will be taken. ENVIRON14ENTAL IMPACT: A Preliminary Environmental Assessment of the proposed 15 -foot addition to the existing retainin&wall has determined that some minor environmental impacts would result from the project - During the construction phase of the proposed project, a temporary decrease in both air and water quality may be.expected. Benthic organisms in the projects immediate area would be eliminated; and some turbidity, SPLCO-N Mr. George Reads, Jr. .Public Notice No. 78-1,9,5 2 February 1979 -which may adversely effect local fouling*.fauna, may be expected. Observations of existing conditions indicate that the proposed addition to the retaining wall would possibly cause further sand deposition immediately to the east of :tbe.project sit.e (possibly interfering with .the ,.use of the neighboring dock's shoreward portion) and a reduction-of-sa' .deposition on the west side.of-the,.proppse wall. nd d Beneficial aspects of the proposediprojeqt may be realized by a local reduction of wave effects�:and :rAte_.of:saAd�deposition immediately to the west of the wall resulting in decreased maintenance dredging for the applicant. The preliminary assessment�haa conclude . d that no significant adverse impact upon the human enviro.nment�would result from this,project. Therefore, at this time, an.',Environmental Impact Statement to be required. does not appear CRITERIA: Your written comments or objections should include the number date of this notice and must reach -this office within thirty (30) calendar days. The decision whether to issue a permit will be based on 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 a ainst reasonably foreseeable detriments. .9 its All 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, water supply, water quality, and, in general, the needs and welfare of the people. No permit-willbe issuance is found to be in the public interest. granted unless its FOR THE DISTRICT -ENGINEER: S Major, CE Deputy�District Engineer Cl r K cr Arwoaer &c-4cl-�, Zl' U -s' pl,,h..J 64Y 4VFHUE CV -4 CI 7%6 D) c VICIMITY SKETCH hi#�POgr LNAY, CALWO-NIA it, 5'0u�a"qs a I ,, OA s belo� AI'D� L."e' Zo, hble'. "A;s 5ecli" ri n n L/.S. 8ULKHEAC LINE t4ow R4+QtmI*n3 Wo tj ell P-xIs+jnj Re4a;nInq Wdill I r 1.11 it 8/71-8a9 6OUILEVRRO Georo�e Reaae Tr- ea -r B OOE Balboa CoA.,rvAcrcAGI -5C4 LE : I =50 O'l r -A - - 1511 b. That all activities authorized herein shalt, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to tile Federal Water Pollution Control Act of 1972 (P. L. 92-500; 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 W.L. 92-532, 86 Star. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 mooths of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Iiinclaingered Species Act, or endanger the critical habitat of such species. a. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. 1. That the permittee agrees thathewill prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality, 9. That the permittere shall permit the District Engineer or his authorized r6presentative(s) or designers) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. It. That tile permitter, shall maintain the structure or work authorized herein in good condition and in accordance with theplanSand drawings attached hereto. L That this 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 or 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. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (11 f the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate inernment hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (11 ) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the pormiltere has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this per mit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers, 1. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. It, subsequent to the issuance of this Permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States, n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion, Application No. 7`Nl cj GEORGE READE, JR. Name of Applic a, t Effective Da 1� 29 November 1979 Expiration Date (If applicable) 2c) November 1982 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 0 7 September 1978 v for a permit to: (X) Perform work in or affecting navigable waters of the United States, upon the recommendation of tire Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into waters of [fie United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of tire Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); ( I Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stau. 1052; P. L. 92-532); George Readej.:Jr. 1300 East Balboa.Boul6vard Newport Beach, CA 92663 is hereby authorized by the Secretary or the Airmy: W add a 15 -foot extension to an existing wooden retaining wall/// in Newport Bay, Pacific.0cean 1300 East Balboa Boulevard, Lot�l, Block.21,:Tract Eastside Addition, City :it of Newport Beach,!Orange County, California /// in aceo,danre ,ith tire plans red drawings attached hereto �vhidi are incorperated fit and made a part of (his perrinit (on dra�vings: give file nuniber or oth,a, del inite idenEilicanon marks.) "George geadej.-Jr." (Sheet 1 of 1) Dated: .4/5/78 .subject 1. the lollm,ing conditi.ns: 1. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities riot specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions I or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether o; not this permit has been previously modified, suspended or revoked in whole or in part. 6NG FORM 1721 FIDITION OF 1 APR 74 IS OBSOLETE. (ER 1145 2 303) 1 Jut- 77 1