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Home My WebLink AboutM2009-0035Po CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 September 17, 2008 Chicago Title Company Fax: 949.476.2889 Re: HARBOR PERMIT TRANSFER Pier Permit # 109-1701 Escrow# NE201223-M26 1701 East Bay Ave. The Harbor Resources division has received the completed & signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name. Thank you for your help. For further assistance in this matter, please contact me at 949.644.3044. Sincerely, Li,sn W2LterS Harbor Resources Division 01- HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive 11 IF0 AX IAN Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: 9/12/08 Permit Number: "Property Address: 1701 East Bay Avenue Newport Beach, Calif. 92661 "Buyer's Names: 1701 East Bay, LLC Billing Address: George Montgomery, Esq. 425 California Street; 25th Floor; San Francisco, CA 94104 Telephone No.: 415/433-2300 Buyer's Signatures: "Seller's Names: Gingerlee C. Field, Trustee Seller's Signatures: Joint Owner Signature: "Escrow Company: Chicago Title Company Phone# 949/724-3104 **Address 4100 Newport Place, Suite 120, Newport Beach, CA 92660 "Escrow Number: NE2nj273-M?(; — **Fax #: 949/476-2889 Closing Date (Estimate): September 17, 2008 * *STARRED ITEMS -MUST BE COMPLETE TO -BEGIN THE PROCESS.— I nspection Date: 9 11 -1 / L) Reinspection Date: Fee PaiO�LJLJ Check No: Application Complete�5�� Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044. "Date of Applicaton: 9/121oll Permit Number: lcq- /701 "Property Address: 1701 East Bay, Avenue Newport Beach-. Calif. 92661 "Buyer's Namesw 1701 East Bay,, LLC. Billing Address: George Montgomery, Esq. 425 California Street, 25th Floor; San Francis o, CA 94104 Telephone No.: 415/433-2300 Buyer's Signatures: &A4t uelN-6 ee�15t--< "Seller's Names*. Gingerlee C. Fleldj Trustep Seller's Signatures: Joint Owner Signature: "Escrow Company: Chicago Title Company Phone# 949/724-3104 "Address -41QQ Newport Place, Suite 120. Newport Beach, CA 92660 "Escrow Number: Nj5qnj223—AA76 **Fax#: 94() 475-2889 Closing Date (Estimate): September 17, 2008 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. ------------ --------- Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete:_ Harbor Resources Signature/Dato Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code, FROM JHE CQVINGTON FOX NO. :9493629090 Sep. 12 200B 02:3BPM P1 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beack CA 92660 949-644-3044 "Date of Applicaton: 9/12108 Permit Number: "Property Address: 1701 East Say, Avenue NewPq t peach, Calif. 92661 **13uyses Names: 1701 East Bay,, LLC, Billing Address: Telephone No.: Buyer's Signatures: "Seller's Names: . Gingerlee C. Field, Trustee Seller's Signatures: ey- Joint Owner Signature: **Escrow COMPanY:-Chkago Title Company Phone# 9491724-3104 **Address 41,0-B_ewpqrt Place, 5ulte 120, NewMrt Beach CA 92660 "EscrowNumber: NE2gi2zl-mm - **Fax #: 91121476-209 Closing Date (Estimate); September 17, 2008 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspedion Date: Reinspection Date: Fee Paid: Check No; Application Comple te: . I Harbor Resources SignatureMate Special Conditions., This permit is revocable by the City Council in accordance with Title 17 at the Newport Beach Municipal Code. INSPECTION FORM Harbor Resources Department 7/0 Date: q1 1 '4 0 ), I Inspection Requested By: C� Inspector: — Don Duffy Pier Address: A-70 f P,7 P /er — r%. 7�7 GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes Need None Needed Yes Need L 4`1 Date Time— Eelgrass Within 15'of Project Eelgrass Within 15'- 30'of Project No Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request J,AN-13-2003 11:33 AM NARY PRICE 949 675 1071 P.06 POST DREDGING cOAPLETIONREPORT Irbs, parraitto shall Send Ord (1) coyy . Of e16 Pos"eds'n report for each conVIeted inciividual dxed&g Pro*& to 10AS Corps end the COC documenting COMPUArcl With &U general and SpWW conditiona defiMd In filig permit- Th4 poet-dredszg report Shell be Sent vAt . bin 43 days After Completion of the c=plew'indJvi4uaJ dred&g project authorized it fli9 POrmit, The po*dredging report ghAli 12v-lAzde the following information for the completed individual �Uedging project: .1, Pet." Numtw 2. start Date; Conftpledon Date: 3. Total dredsed. I to Bosch: Zza-- to 5sn (LAO - rt;ti�onand 4, Mode of 44cigir's, �nd "'Op ? , / A, 5. Tug or otbir vessel Logo dOCIMISTIting WnWt wit" t5W 'vW LMS Beach befm each trip to the LA -3 oreext'dimprisal 54. LM, Contact, N 919 6.' rorin of cirefiged m4t*riali gliirryi��=P" 7. Procedure And location wflare tl�* dispoeal barge or acov was washad! 8, A Certified mpart fiam the dredging Site inepe= and 6W captain Of any tUg Or 06M V68641 used tL transport and dispose of dredW matezrial at LA -3 iftdickfing all general sAd special purrdt conations wee met. Any violations of the yer%rdt b 9 Iftifted in d4itail, All c=dit1,,i1,g pern%its were met: Yes — No V9 9. posj�.Noject survqS Of BelgragS 'bads potentially x0ected. by the dredging, lo. The post-kU-edgirtg . repcmt shall be signed by a duly Authcrned reprOSOAV91MVIt p . errnittee. The peprgttsels representatve shQ make the followh* 1*&;f1cRt104' I cerft6j Wer vanalty of lary owt 6io docunient and all atfachiflOnts MYS PMX"d under MY direction Cyr $mparvision in a-cordano wifli a systein designed to envf$ that *iM prmnul properly gaikor and evalgato thg infirtnation submitted. BaW Ott V"Y *Wry Of the pers011 or ;XFSOMS 10;W 7ridnav ON System, or thaw lirecey twoponsible )br gathering Vic 112fortm#011, the inpbrnzation Rubvii1ted il, to !!v best of n-ly knovilvd8s and belief, fte, ACcliy-'IfO, and WmPktg- 1 am Atom 61at ilzra dre ssibiftittingfitiss informtatim, Inclue6it the possibility qf finO 04 Impris0"Mentfibr IMMOfng t'61at'vno' . . ........... .... DREDGING APPLICATION Project Location: PERMITNO. It -11-1741' Latitude/Longitude: . :3 o 70 63. 322 Cubic Yards to be Dredged: AQ0 Method of Dredging: Nature of Dredged Material (Grain size data): it -� e� Disposition of Dredged Material: ple(, C zc'o e5 -I L 'get C 4 Method of Material Disposition: Effect of Dredging on Contiguous Bulkheading and Beaches: 6,240--o-S '5e�-Vzjle-) Project Begins: '7-P- ProjectEnds: QZ&-d�0 �Zoje-- ('&t4�o 61 1 . I I L I&A le, S, 4 3 .(Applicant/ Applicant' s agent), hereby certify that I have read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, Las the applicant shall reimburse the City of Newport Beach for all attorney's fees arid other costs expended by them in defending any claim, lawsuit, or judgement arising out of the activities of the applicant carried on under the authority of such permit. '1�1 '0- �' " (" & '� � Zilt k 'S-� 4o �' Applicant - Please Print Contractor - Please Print Signed: Z� Date Applicant/Agent U/ IV�-fie,=0,9r �5,e-4C,,�' 30, 1 0 �'- / 7, 71 S IF 0 Oe. -V VICINITY SKE'TCH 4mr I �00 'Rr D'y C�'P.ftftl^ i jc"r 071 sooma"A95 o,e e4,oecss&d in (Nei cAd ov�,/o zow "ie'. Woz�� /0"ev;. vmoo, EEL GRASS INSPECTION are catob/Ishco, �, 3,^;s Scc/,ov ogrve�~,e sar. 1& NO EEL GRASS WITHIN 15'OF Don 'r, L3 EEL GRASS IN THE PROJECT AREA ZIGNATURE 7-01 PFPh4lT# —FAT�E T r Goeol� 4Z Di 77 0.c PiRtl k,�a, N All 7--77- L U 5 A. I k N All 7--77- MEIC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 1700BIock,,E-4t-A�fiLlo SAMPLE COLLECTION DATE: 3/5/02 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Mark Sites ANALYSIS START DATE: 3/5/02 A B DREDGE SITE RECEIVING BEACH Total Dry Weight of Sample: 387.21 grams (g) 240.9 grams (g) Analysis Weight (Split Wt.): 98.22 g 124.29 g Visual Description: A light gray sandy silt. Light brown sand with small shell hash. Fraction Fraction Fraction Fraction - Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 1.77 g 2 % 2.78 g 2 % >2.Omm (> -1�) Sand Fraction: 92.37 g 94 % 121.44 g 98 % <2.0mrn >0.063mm ( < -1� > 4�) #230 Sieve Silt / Clay Fraction: 4.08 g 4 % 0.07 g 0 % <0.063mm I`< 4 6) Outline of sample collection and analysis: COLLECTION Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, dejonized water added, and mixed to desalt and disperse the sediment. The sediment is allowed to completely settle and the clear water is removed by siphoning. The sample is placed in a drying oven at 500C and occasionally stirred until the entire sample is completely dry. The dry sample is transferred to a desiccator for cooling. The sample is disaggregated and a Riffle sediment splitter is used to evenly split the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction is processed through a # 10 U.S. standard sieve to remove the gravel/shell fraction of the sample. The material retained on the sieve is weighed and value recorded. The material passing through the # 10 sieve is wet sieved through a #230 sieve to remove the silt/clay fraction. The material retained on the sieve is transferred back into the glass container and placed back into the drying oven at 500C. The remaining sample is allowed to completely dry and the material is weighed and recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting the gra�etlshell and sand fractions from the total analysis weight. MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626 W Z 4 ;W, - tl REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 City of Newport, Harbor Resources Attention: Tony Melurn 3300 Newport Harbor Blvd PO Box 1768 Newport Beach, California 92658 Dear Mr. Melum: May 31, 2002 This is in reply to your applications dated March 7,2002, for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange CoLmty, California. This letter authorizes maintenance dredging at two sites within Newport Bay (see below). USACE city Site Address Volume Area (est.) Beach Ocean Base # Harbor (Cubic Disposal Disposal Permit # Yards) 2002009 109-1701 170 -1713 East Bay 0 ��Venue 200 5400 sy Yes — No ------- . Supratidal 200200905 225-1710 1708-1710 South Bay 155 900 sf Yes — No Front -F-- (100 sy) Supratidal - Totals 355 5511 sy 355 cy Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Pern-dt (RGP) No. 54. -2 - As long as you comply with the general permit conditions of RGP No. 54, ail individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No, 54 will expire. A general permit does not grant any propertyrights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, O�tNa,k D.rU Chief, South Coast Section Regulatory Branch Enclosure CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 April 3, 2002 Mr. Tony Melum Division of Harbor Resources City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282 & Conformancewith Consistency Certification CC -078-99 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC-078-9� for the fo.11owing sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Qty (cu.yds) Ocean Disposal Qt t (cu.yds) Cumulative Total* for 2002 '225-1710 1708-1710 S. Bav Front 155 0 109-1701 1701-1713 E. Bav Avenue 200 0 Submtotal 355 0 Year-to-clate total 1850 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certification CC -078-99 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects, In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1, 2, and 3 Of Coastal Development Permit 5-99-282. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and/or CDP 5-99-282. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and/or CDP 5-99-282 is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200, Sincerell < --Karl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event Not to Exceed 20.000 cubic yards per year gs'%' q 1E �' Al Are REPLY TO ArrENTION OF: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 September 17,2001 Office of the Chief Regulatory Branch City of Newport Beach. Attention: Tony Melurn P.O. Box 1-163 Newport Beach, California 92658-8915 Dear Mr. Melum: TI -ds is in reply to your applications (File Nos. 200001814-CfF, 200001815-CJF, 200001812- CJF) dated fune 13, 2000, for Department of the Army Perrnits to conduct maintenance dreding, per RGP 54 in Newport Bay, Newport Beach, Orange County, Californina. This letter is an after -the -fact authorization for dredging at three sites within Newport Bay (see below). USACE City Site Address Cubic q ar u h Ocean Base. # Harbor Yards F e (est.) t Sal �c Disposal gal Permit # 200001814 153-219 219-225 East Bay Front, 340 2850 Yes No Balboa Island 200001815 225-1710 1710 South Bay Front, 160 1440 Yes No Balboa Island 109-1707 1701-1713 Eas t Bay Front, 400 6000 Yes No Balboa Island 920 920 cy No I I Based on the information you have provided, the Corps of Engineers has determined that your dredging activities complied with the terms and conditions of Regional General Permit (RGP) No. 54. -2 - As long as you complied with the general pern-dL conditions of RGP No. 54, an after -the - fact individual pern-Lit will not be required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Cori Farrar of my staff at (213) 452-3296. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch Enclosure Special Conditions 1, The permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the Urdted States. 2. No dredging or earthwork is authorized, by this Letter of Permission 3. No creosote treated pilings shall be placed within Newport Bay. 4. The perm. ; tt e- e- Sln- I I n o- H fy the A rrny C or Ps of E, g,- e .- rs of +-1, - Ad ate. o f c o emen t o f op er a d ons and the date of completion of operations at least five days prior to such completion. 5. No other modifications or work shall , occur to the docking structure. ,6. 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 Newport Bay. Upon completion of berthing improvements, any excess material or debris shall be removed from the work area. No rubbish shall be deposited within Newport Bay. 7. That the permittee shall notify the Commander Eleventh Coast Guard District POW, BLDG 50-6 Coast Guard Island, Alameda, California, 94501-5000, (510) 437-2968, at least two weeks prior to start of activity and 30 days if buoys are to be placed. The notification should include the following information: a, the location of the work S4� b. the size and type of equipment that will be performing the work; c. name and radio call signs for working vessels, if applicable; d. telephone number for on-site contact with project engineers; and e. the schedule for completing the project. 8. A copy of the post -survey drawings shall be sent to the following address: NOAA, National Ocean Services ATNN: N/CG2211 Map and Chart Branch SSMC3, Room 6211 1315 East-West Highway Silver Spring, Maryland 20910 9. 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, 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. STATE OF�CALIFURNIA -THE RESOURCES AGENCY GPAY DAVIS, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Page I of 2 Long Beach, CA 90802-4302 Date: December 15,1999 (562) 590-5071 Permit No: 5-98-496 y/ COASTAL DEVELOPMENT PERMIT r'On 10 August 1999, the California Coastal Commission granted to Gingerlee Field Coastal Development Permit 5-98-496, subject to the attached Standard and Special Conditions, for development consisting of: Remove and replace existing pier and platform and pilings and recleck existing float. The pier will be 32 feet long by 4 feet wide with a 12 by 12 foot platform. The eight new pilings will be 12 inches in diameter. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 170 1 E. Bay Av., Newport Beach. Issued on behalf of the California Coastal Commission on December 15, 1999. P.TCFIV--7) SY N- G-' I" V)It' PETER DOUGLAS PLANNI D7 ' PAnTkl�NTBy: Executive Director CITY nl-- ---Title: Coastal togram 4An st AM P 1111 .4 L) �- 6 ACKNOWLEDGMENT?Aq 110 ll. 11).2' 1,101 The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance . . . of any permit . . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). w t�' Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-98-496 Page 2 of 2 STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall riot 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. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. .5. In spections. The Commission staff shall be allowed to inspect the site and the project during.its development, subject to 24-hour advance notice. 5. 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. 7. 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: Use of Platform Limited to Boating Related Uses By acceptance of this permit.the applicant agrees and acknowledges that the sole use of the 10 by 14 foot platform area is limited to boating related uses and shall not be used for any other uses including but not limited to private residential patio amenities. MV: G:\PERM(TS\5-98-496 field permit.doc STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL South Coast Area Office 200 Oceangete, Suite 10DO 1,ong Beach. CA 90802-4302 .32) 590-5071 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM AUG -03 1999 PM APPLICATION NUMBER: APPLICANT: AGENT: PROJECT LOCATION GRAY DAVIS, Govemor Filed: 1/25199 49th Day: 3/15/99 180th Day: 7/24/99 Date of Extension Request: 6/21/99 Length of Extension: 90 days Final date for Comm. Action: 9/19/99 Staff: MV -1-130 Staff Report: 7/21/99 Hearing Date: 8/10-13/99 Commission Action: STAFF REPORT: REGULAR CALENDAR 5-98-496 Gingerlee Field Pete Swift, Swift Slip 1701 E. Bay Ave. Balboa (Newport Beach), Orange County PROJECT DESCRIPTION: Remove and replace existing pier with platform and pilings, and redeck existing float. The pier will be 32 feet.long by 4 feet wide with a 12 by 12 foot platform. The eight replacement pilings will be 12 inches in diameter. LOCAL APPROVALS RECEIVED: City of Newport Beach Fire and Marine Department Approval in Concept, City Harbor Permit No, 109-1701, SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach certified Land Use Plan, City of Newport Beach Harbor Permit Policies, Coastal Development Permits 6-98-523 (Bridges), 5- 99-120 (Sutherland), 5-99-121 (Vance), 5-99-113 (Bradburne), 5-99-114 (Offield). SUMMARY OF STAFF RECOMMENDATION: Staff recommends denial of the proposed project because it is inconsistent with Section 30233 of the Coastal Act which limits fill of open coastal waters. The excess fill will result in incremental loss of near shore sandy bottom habitat. The cumulative impact of this loss is significant. Alternatives to the project as proposed exist which would still allow the applicant use of the boat dock while minimizing fill of open coastal waters. STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: 1. DENIAL The Commission hereby Denies a permit, for the proposed development on the grounds that the development will not be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, and will prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act. 5-98-496 (Field) Page 2 Il. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. Proiect DescriDtion and Location The applicant, pfoposes to remove and replace an existing pier with platform and piling's and recleck the existing float. The pier will be 32 feet long by 4 feet wide with a 12 by 12 foot platform at approximately the midpoint of the pier. The platform area is proposed to be supported with one piling at each of the four corners. The eight new pilings supporting the pier with platform will be 12 inches in diameter. The subject site is located in the City of Newport Beach on the harbor side of the Balboa Peninsula. The subject site was inspected for eel grass and none was found. B. Marine Environment Section 30233 of the Coastal Act states, in pertinent part: 1a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating, facilities and the placement of structural pilings for public recreational piers that provide public access and recreational o0portunities. In addition, the City's certified Land Use Plan states: Residential and commercial structures (except piers and docks used exclusively for berthing of vessels) shall not be permitted to encroach beyond the bulkhead line. The Coastal Act limits the fill of open coastal waters. Section 30233 of the Coastal Act allows fill of open coastal waters, such as Newport Harbor, for recreational boating purposes. The proposed project requires piles, which constitute fill. The project proposes to use one single pile at each corner to support the platform area. The question has arisen of whether or not the proposed 12 by 12 foot platform constitutes a bona fide boating use or would serve as private residential patio area. If not a legitimate boating facility, the platform would be inconsistent with the uses allowed under Section 30233. In addition, the City's certified Land Use Plan (LUP) policy cited above precludes residential and commercial structures (except piers and docks used exclusively for berthing of vessels) from encroaching beyond the bulkhead line. 5-98-496 (Field) Page 3 Existing private, residential. boating facilities in Newport Harbor often consist of a pile - supported pier with platform area, a gangway, and a rectangular or "U" shaped float. The City's Harbor Permit Policies limit the size of the platforms to 10 by 14 feet. Piers are fixed, pile -supported structures which extend from dry land areas to water areas connecting to a gangway which leads to a float. The length of a pier depends on the size of the boat, the amount oi draft the boat needs, and the depth of the water. The overall length of a boat dock is limited by the City's Harbor Permit Policies (HPP). The HPP do not allow docks to extend channelward, of the adjudicated U.S. Pierhead Line, except in certain specified areas where, due to the bottom configuration and/or the width of the channel, they are allowed to extend to the adjudicated U.S. Project Line. The piers and gangways are typically 3 to 4 feet wide. The docks or floats vary in size and configuration depending largely upon the type and size of boat to be docked. The majority of boat docks In Newport Harbor have platforms. Based upon a site visit, review of aerial photos of the harbor, conversations with the Newport Beach Fire and Marine Safety Department staff, and review of prior waivers and coastal development permits, Commission staff confirmed the approval of several platforms. Commission staff observed that while some of the existing platforms in Newport Harbor contained lockers, small boats, kayaks, and boating equipment or were empty, others had tables and chairs or benches, flower pots, etc. Staff also observed that while some of the platforms were supported by pilings at each corner, other platforms and piers were supported by a single row of "T" shaped piles. The dimensions of the proposed platform are 12 by 12 feet. One dimension of the proposed platform exceeds the length limitation for the shortest dimension allowed by the City's HPP of 10 by 14 feet. However, a representative of the City's Fire and Marine Safety Department has explained to Commission staff the City's practice regarding this. If an existing platform was previously permitted by the City with an extended dimension, the property owner is permitted by the City to rebuild the platform in the same location if no changes to the configuration of the pier, platform, gangway, or float are proposed. The applicant has indicated that the platform will be used solely for boating purposes. More specificaHy the proposed uses of the platform include a staging area where boat passengers, especially small children, may safely prepare for boating excursions (i.e. put on life jackets, etc.), and as a location for placement of fiberglass storage boxes to be used for storage of boating items such as anchors, fenders, and dock lines, and maintenance activities related to boating. In addition, because the platform is above the tide, it is a safe place to locate the weather tight electrical services necessary to serve the boat. Also backf low devices would be mounted on the platform. Based on the uses proposed by the applicant, the Commission finds that the proposed platform does constitute a boating facility. As a boating facility, the proposed platform is a use specifically allowed under Section 30233(a)(4) of the Coastal Act. Section 30233 also requires that any project involving fill of open coastal waters, in addition to being an allowable use, must also be the least environmentally damaging feasible alternative. One way to reduce environmental damage is to minimize the amount of fill. Pilings used to support boat docks in Newport Harbor displace near shore sandy bottom habitat. Although this habitat type generally doesn't support rare or unique species, it's area is limited and not easily replaced. Marine organisms generally found in this type of habitat 5-98-496 (Field) Page 4 include worms, clams, snails, and crustaceans. Marine plants sometimes found in this area J include eel grass, however, none exists at the subject site. It should be noted that the pilings themselves provide habitat for marine organisms such as mussels, barnacles, limpets, and littorine snails. Single piles are generally 12 inches in diameter (as is the case with the subject project) and the T -piles are generally 14 inches in diameter. The cross-sectional area of the single pile is 6.79 square feet, while the area of the T -pile is 1.07 square feet. Four single piles would occupy 3.16 square feet (0.79 x 4 = 3,16). Two T -piles would occupy 1.07 square feet (1.07 x 2 = 2.14). Although the amount of fill resulting from a single project that uses four single piles rather than two T -piles is relatively minor, a difference of 1.02 square feet, the incremental effects of allowing such projects would be significant. There are thousands of boat docks in Newport Harbor. If these boat docks were allowed redesigns which used single pil I as rather than T -piles, the net fill resulting would be upwards of 1,000 square feet. Based on this significant cumulative adverse impact, it is important to assure that each individual boat dock minimize the amount of fill needed to support the allowable boat dock use. Several platforms in Newport Harbor have already been approved by the Commission and constructed using two T -piles centered under the platform area rather than a single pile at each of the four corners. The existing T -pile supported platforms demonstrate that use of T -piles instead of single piles is feasible. The proposed platform, however, is to be supported by one single pile at each of the four corners of the platform, resulting in additional fill beyond that necessary to support the platform. Therefore, the proposed project will not minimize the amount of fill. The Coastal Act requires that any fill of coastal waters use the least environmentally damaging alternative. As proposed, the project does not constitute the least environmentally damaging alternative for the project. A feasible, less environmentally damaging alternative to the proposed project would be to use T -piles instead of single piles, thereby reducing the area of near shore sandy bottom habitat that is displaced by the proposed project. The Commission has found the use of T -piles to be a less environmentally damaging alternative to single piles in numerous similar boat dock projects in the area (5-98-523, Bridges; 5-99-120, Sutherland, 5-99-121, Vance; 5-99-113, Bradburne; and 5-99-114, Offield). Therefore the Commission finds that the proposed project is inconsistent with Section 30233's requirement that any project involving fill of open coastal waters be the least environmentally damaging alternative and so must be denied. C.. Unpermitted Development This is an after -the -fact. permit request. On or before September 9, 1998, the applicant replaced, in the same location and configuration, an existing pier with platform and redecked an existing float. The pier is approximately 52 feet long. A 12 by 12 foot platform exists at approximately the midpoint of the pier. Eight new pilings replaced the existing 8 damaged pilings in the same location. The 36 by 10 foot rectangular float was redecked to replace deteriorated wood. No work was done to the existing gangway. All work is completed at this time. The applicant, in this permit, requests after -the -fact approval of this completed work. However, the Commission reviews this project as if no work had been done. 5-98-496 (Field) Page 5 Consideration of this application has been based solely upon the Chapter 3 policies of the CoastalAct. Commission action on this permit application does not constitute a waiver of any legal action With regard to any violation of the Coastal Act that may have occurred. D. Local Coastal Proaram Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act. The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As proposed the project is inconsistent with Section 30233 of the Coastal Act which limits fill of coastal waters. The Commission, therefore, finds that the proposed project will not be consistent with the Chapter 3 policies of the Coastal Act and will prejudice the ability of the City to prepare a Local Coastal Program implementation program consistent with the policies of Chapter 3 of the Coastal Act as required by Section 30604(a). E. California Environmental Quality Act Section 13096 of the Commission's regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the. California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. W11 Previous sections of these findings contain documentation of the significant adverse impacts of the proposed development. Specifically, the significant adverse impact resulting from the proposed project is the cumulative impact of loss of near shore sandy bottom habitat which results from excess fill of coastal waters. As discussed above, there is a feasible alternative available which would substantially lessen any significant adverse impact which the activity would have on the environment. The feasible alternative would be to use T -piles rather than single piles. This alternative would lessen the project's adverse impact by reducing the amount of fill resulting from the project. Because the proposed project does not propose to use T-pil * as, the Commission cannot find that the project as proposed is the least environmentally damaging alternative. Therefore, the Commission finds that the proposed project is not consistent with CEQA and the policies of the Coastal Act. 5-98-496 Field stfrpt 8.99 mv SEE did NS w, 4 _ 1141--s %kbj 5 NE1�lPoHT Y VICINITY MAP EXHIBIT N0. APPLICATION NO, fie c 8 j u e, F. C12 L -j DEC 10 1998 COASTAL COMMSSION KIM®R ail k X Lit, ®r Zi PDXC.4L 24 Ex Order- TOF: 88 OR Bk -Pg 48 - 23 Shtlofl CHRISTY-1701E.BAY "CITY. OF p4c% 3rELACH HAR I -.t -9.�: I . . ; DEC .10 1998 CAUFCR I co 10 VICINITY SkETCH z - �zz �_� s - o&n&1n?5 ; 6elow A��017 40�1, vi�e, It ,/,Y /0 ee", Abroo, SeCl,&' ,r al"ve i J: mcdD: iov: �R. 4 , (Zv- v V v 711 640C 4 7n - 14 I -.t -9.�: I . . ; DEC .10 1998 CAUFCR I co 10 VICINITY SkETCH z - �zz �_� s - o&n&1n?5 ; 6elow A��017 40�1, vi�e, It ,/,Y /0 ee", Abroo, SeCl,&' ,r al"ve i J: mcdD: iov: �R. 4 , (Zv- 711 640C AEM,CK, F/_oA7- 19�er �!?- ft- J�j F--1 c. _/ C/ I i i'�' A c 10.2 ua 0 vu LU -E 99 m 0 U') -,�r,ocwm~r p - . *. -L 7Y,,Oe 4.14 . rpcdy.E. -qlaw- ,a - - '7 S,.dR5 7'Y.0,E -Ad W/,V 514 L bL CM W6 gg-dRs— V) X "APZ14RE z rype c .. 28 YPIE c 10//- E TYPE "CAI C!T\-" Or' NEWPORT BEACH DE.P.%;;—�*iENT oc;'IL46 4��FZ-411-5 a A ^ (I 7YPILJ 9 8� Arl A-ck 4,ff e5 DRAWN -4 DATE -F 7-R APPROVEff\ UBLIC WORKS DIRECTOR R.E. NO, 51557 DRAWING EA�6 �t c 100 *a) 1"0 > 0 W3 V) A rro4 CWAI Z --A/ 7' 4-/ �O�eA �W/4x- =,pdn, ?"Pe OV ra z 20 to V) z ix 2 V) EghmMe- ihi LA p; Its *4 s T- plA93 A .� - �— — t � & Y/.Z? A 7 sc4l.r; A,'. -P' A/ 4-4-7 cry & ly rd -T- Zia 0 5 4 4,.4,er (-ryo..) rO�pA Af p/l 6 0 4 AAX CrYA) �Yli �X� '01'e,e lot e c Occ 81*01ep AREA Aqq SIR. PC 004 Of 7, ^400e i Py JL- t1orzo.*,r) oOl"-S *" 0. 97 4FACM., AO'Od O#A1 of, 'OA)7,w*e- 7, 7(o so, Oer 7w�f V rAA /6,07 //,e 4F -f A A40 J' q 3 e7," ,4-w,e- r*,F 77- A&&TS - r#,F /-s /' " Am ^,A An i i---jL', L!4 -ci HAR&Of-I APPLICA-!',,ON 1 ?0. -� j Ty ETCH or 5, c �.or 40W vgl� Ore c -'0 OZ." -secid. -T If jz� 10 ij� .......... South J9 Coast K v 1 APMOVED Paz! -lbi t no. --By# EFr,WTTVX Date s IFIRE:& MARINE DE'PIDates jCITY fiE RT B CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) Hftf,6 72-3,5500 1. Applicant (P(operty owner) Address Telephone 1 �71) i i��. Kf4 V loq-1 201 2. Project Address (Street Address) Harbor Permit Number 3, New Construction _ F evision Maintenance Dredging 4, Fee Check No. ?I Date AG�ioLjqcc in (q), 5. Brief Description of Proposed Work: " C -e- _r 6. Submit.8 1/2" x 11" Drawings (3), Include: 1)� Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of.property lines. 4). Location of channel markers within.200 feet. 5), Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure.. 7), Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note.that the OWNEIR.. of the property is the applicant. 1 1).Drawing size shall be 8 - 1/2" x 11". 12). Scale shall be adequate. to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owne . r -Builder Declaration must be 4cl ed t�rse.side of this sheet). 8.. Applicant's/Agent's Signature: Date: Joint Permittee Signature (if app icable):: /Dat4- 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin. prior to the'notice you will be in violation of the Newport.Beach. Municipal Code. and subject to penalties. '13'10. Your permit will. not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY V� Approval in Concept. . Date Approval of the.City of Newport Beach Council. bate Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department.,5-7/7 Date Approval of the City's Building Department. Date Approval of County of Orange. Date Ele�trical and/or plumbing permit (Building Department) Date 07� Issued. (Permit is stamped drawing) Date Site Inspection. (call 644-3043 for appointment) Date Of Site Re -inspection Date Conditions: . I �1� OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the ap�plfcant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that lie is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the� sti ucture is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner.of property. who builds or improves thereon, and who does such work -himself or through his own employees,. provided that such improvements are not intended'of offered for sale. If, however, the building or improvement is sold within one year of completion, the ownermbuilder will have the burden of proving that he did notbuild or improve for the purpose of sale). L as. owner of the property, am exclusively contracting with licensed contractors to construct the project (See. 7044, Business and Professions Code:. The Contractor's License Law does not apply to an owner of property who builds or improves -thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects, with. a Contractor(s) License pursuant to, the Contractor's License Law). I am exempt under Sec. . I of Business and. Professional Code for this reason: . . Owner's Signature: — Contr4t9r: � r- r Li P Address: _50n 0% 54-, License class: A- State Board No. License Contractor's Declaration I hereby affirm that I am licensed under 7000) of Division 3 of the Bus7ss and,,� effect. Contractor's Signature of Chapter 9 (commencing with Section Code, and my license is in full force and Date: EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Gary Vose c/o the City of Newport Beach Attn: Wes Armand P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Vose: July 30, 1998 SUBJECT: NOTICE TO PROCEED (File No. 98-00583-PJF) Reference is made to your letter dated June 22, 1998 in which you submitted, regarding the property seaward of 1701-1713 E. Bay Ave., Newport Beach, a notification for the maintenance dredging of 250 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach (see attached drawing). Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that your contractor, Mark Sites, does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Priya Jean Finnemore of my staff at (213) 452-3402. Please refer to this letter and 98-00583-PJF in your reply. Sincerely, 4101,11- &Zz� /4/lMark Durham .Chief, South Coast Section Regulatory Branch Enclosure(s) C� Ll <-30 / 7P� .Y C, SKETCH o4j�,o" DAY C—Ifll"'A 0",OA5 ttjo� 44�,, 41W A�, Aeei are m P,tA 4r - LA 1;. -7,r 30 4: vi sc OJ 2� V Va C-7 e4 I r J8,0�1_4L,)_j o � rRA cro A ---- rj� 1713 4 er, llol-17N: City ot NeLqPorV_BQach Fire & Marin�� D=artmezt: Please Print: (Front & Back) Gary Vose 1707 E Bay Ave., Newport Beach 673-3333 1. Ann1 17bi-1713 E. N. B. 3. 4. New Construction,,-�- Fee . $358.00 1-� — Revision Check No. Maintenance -78506 Date Dredging XXXX 5/6798 S. Brief Description of Maintenance dredging Proposed and beach Work: restorat±un 6. Submit Drawings(3) Include: 1.Location and dimension of proposed structure 2. Location of bulkhead 3. Location of property linesand.lot size 4. Location of channel markers within 200 feet of proposed proiect 5. Existing.ground profile, and area and profile of any dredging with elevations showing depth relative to MLLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLLW 7. Apy special conditions affecting the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insur ormation 7. Applicant's/Agent's Signature Date 6/2/98 B. Work can begin once the City has received evidence of the following additional approvals and ym_Wi� been notified tip rro6eed: OFFICE USE ONLY Approval in Concept. Dat - e Approval of the City of Newport Beac h Council. Date Approval of the Army Corps of Engineers. Date Approval of the California Coastal Comnission. Date Approval of the City's Public Works Department. Date Approval of the cityls Building Department. Date County of orange. Date Issued. (Permit is stanped drawing) Date _7Site Inspection. (-qAll 644-3043._..fgr appointment) Date Site Re -Inspection. Date Conditions: OWNER -BUILDER DECLARATION I herebv affirm that I am exempt from the -contractor's license. law for�the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires a permit to construct,' alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the contractors License Law (Chapter 9,.. commencing with Section 7000) of Division 3.of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil pernaltY for not more than five hundred dollars ($Soo). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not.intended or offered for sale (Sec. 7o44, Business and Professions Code: The Contractor's License*Law does notapply to an owner of property who builds or improves thereon, and who does such work himself or throuVh his own.euployees, provided that such improvements are-not:intended or offered for sale..If, however the building or . improvement is sold within one year of completion, the owner builder will have the burden of proving that he did not build or improve for the.prupose for sale.), I as owner of the property , am exclusively contracting with- c�nsed contractors to construct the -project (Sec. 7044, Business and Professions Code: The Contract�or, s Ti cense Law does not appi . y to an owner of property who builds or improves thereon, and who contracts for such pro�ects with a Contractorl(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of 'Business and Protessions Code for this reason: c . wner signature Date Contractor Mark Sites Telephone 675-1071 Address P.O. Box 498, Balboa Island, CA 92662 License Class A/HAZ State Board No.460235 City License No.97021127 LIMTSED COMPACTOR'S DECTARATION I hereby affirm that I am licensed under provisions of Chapter 9 (CoTrmencing with Section 7000) of D is' n 3 of the Business and I Professsions Code, an!dM?cen ull force and effect. Date 6/2/98 Contractor signature DREDGING APPLICATION Project Location: 1701- 1713 E. Bay Ave. Cubic Yards to be Dredged: 250 Method of Dredging: Suction PERMIT iqo.!�a -/ 7el Nature of Dredged Material: Sand/silt Disposition of Dredged Material: Beach restoration Method of Material Disposition: Pipeline transport to beach restoration site. Turbidity Control Method:- Reduced, discharge velocity Effect of dredging on contiguous bulkheading and beaches Protects and reinforces existing seawalls and bay beaches. Mark Sites f (p rint name) hereby state that I have read the U. S. Army Corps of Engineers permit for maintenance dredging in Newpo . rt Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept al;�l the provisions therein. Additionally I guarantee that the proposed dre�ging will not occur because of any altering of existing use of the affected zone., Gary Vose (Applicant -type n--am—eT- 6/2/98 (Date) ffk S�t�o (C tra tor_ type nam6-�� Signed: C5ntracto4rsi Representative r- 7, — — —1 D P -j 1; "� ri I I I --L 7 r fit Alt 4 Do 2 1701-17F." 15 I-ra 5 1 � 19 -- i iA I,e� co E::!nz �-Zor 7PI o 2 1 1�1 VICI N I TY K E. T C H wit,, Q a .00� 5A C rc 1n r,,' P.,y '"ecn 4�wv, za� ",?Age 0/, �Pro&tmoi,ly /0 4coo are r- 7, — — —1 D P -j 1; "� ri I I I --L 7 r fit Alt 4 Do 2 1701-17F." 15 I-ra 5 1 � 19 -- i iA I,e� co E::!nz �-Zor CITY 01" HARB0111 AMIE-MvIii PERMISSION IS HEREBY GFIANT�D TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVFRGE HEFEOR AT THE SITE INDICATED, SUWErT TO THE 911OVISION8 OF THE HARBOR PERMIT POLICIES OF NEWPORT 9EAGH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PeHIMIT IS NOT TRANSFERABLE WITHOUTTH9 WRITTEN CONSENT Or THE CITY HARBOR COORDINATOR OR. CITY COUNCIL. THr RIG14TS GIVE14 UNDER THIS FERMI ARE PERMISSIVE ONLY AND THIS PERP VO By THE CITY COUNCIL IN ACCORDANC I THE MUN1911. CODE PERMIT NO. DATE KIRMIT 18SUED SMECT rO MLInE MATERIAL BEING EPLY TO ArrENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659-1768 August 1, 1997 SUBJECT: NOTICE TO PROCEED (File No. 97-00314-SDM) Dear Mr. Melum: _V-1 / 0 � IV Reference is made to your letter dated July 1, 1997 in which you submitted on behalf of Mr. Somers at 1701-1713 East Bay Avenue, a notification for the maintenance dredging of 290 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that Mr. Somers' contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Spencer D. MacNeil of my staff at (213) 452-3417. Please refer to this letter and 97-00314-SDM in your reply. Sincerely, I W\1 5., Mark Durham Chief, South Coast Section Enclosure v - 11 a OA VICIMITY SKETCH oiler 5*cQ^Cl'Aq.i coo 0Awessrd 40w,o 0^ 51. --belo" Meon 44wor P,2.ngf- 0/1 ?1*&, /0 are doicbIlsAwd An iA,.j, seciom 450r. r r 4z V) I eA&= A :1701-0094 t Au I k h /—In.e 4 CffY OF Nr�',;P' H A < AAR B "E"" "ll PERMISSION IS HEREBY GRANTED TO CONCTSUCI ANV MAINTAIN THE FACILITY SHOWN ON THE REVERSE HZIEOF, AT THE SITE INDICATE[), SU6,IECT TO THE PROVIMIONS 05 THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WIIHOUTTHF. WRITTEN CONSENT OF r I R OR CI I �111-.JAFISOR COORDINATO AND THIS PERMIT MAY BE IN ACCORDANCE WITH TIT .A -10 --/ r,Ef)MJlIT 140. Pr�.'.PA.Xff issm) SUBJEfl—, ro DR M -GE Kt�, rRIAL BEING HAULEDTOSEA PIAMDONSMH CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) Larry Somers, 1709 E. Bay Ave., 650-0308 701-1713 E. Bay Ave., Newport Beach 92661 ect Address 3. New Construction Revision 4. Fee 358.00 CheckNo. §26 5. Brief Description of Proposed Work: Dredging/ beach restoration Maintenance Dredging XXXXX Date 6/116/97� 6, Submit 8 1/2" x 11" Drawings (3), Include: 1. Location and dimension of proposed structure, 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Bui(der/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be completed (on revepe side of this sheet) 8. Applicant's/Agent's Signature: Date: /2 Z //'X- / 5'? 2 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Issued. (Permit is stamped drawing. Site Inspection. (call 644-3043 for appointment) Site Re -inspection Conditions: Date Date Date Date Date Date Date Date Date Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (ChaptEw % commencingwith Section 7000)_ of Division_3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemolom. Any violation of Section -7031.5 by any - applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon. and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Contractor: Mark Sites Date: Telephone: 6 7 5 —10 71 Address: Box 498, Balboa Island A/HAZ 460?H5 8000 License class State Board No. 07, City License No. LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code L)d license is in full force and effect. Ce Contractor's Signature Date: PERMIT NO. &4_ 17C�1_ DREDGING APPLICATION Project Location: 1701-1713 E. Bay Ave. Cubic Yards to be Dredged: 290 Method Of Dredging; Hydraulic Suction Nature of Dredged Material; Sand/silt Disposition of Dredged material; Beach restoration Method of Material Disposition: Pipeline transport to beach restoration site. Turbidity Control Method: Reduced'discharge velocity Effect of dredging on contiguous bulkheading and beaches Protects and reinforces existing seawalls and bay beaches. I, Mark Sites , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City Of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Larry Somers (Applicant -type name) --- 6/18/97 (Date) Mark Sitea (Contractor -type name -F Signed: 4�� )ntractor s Representative T1, I a 1 .3 AI_4Ae 4- % AA' r"-7, J- --71-1 TOT -7 v) F-�j 21 I 00, 4 P. kea 47 sjv�L of -fl, 6 C6, e C'e. VICINITY SKETCH I gap Pre 4; )a %AA' ScJ.�i'��AJA Nowpoor 0^-e, CALIFOUNIA "wr soundiAgs cof WA'oeessre in A000i Ono, w000eo ^leam 40mvp eow worter. .Wotj�� 01 Oppro"Ma iol;e /0 4,v,. yorboo Imeb are cjQ4bilshwc7An 1^13. JCCJ'tDV OfrdVd�,~I' 450;r - T1, I a 1 .3 AI_4Ae 4- % AA' r"-7, J- --71-1 TOT -7 v) F-�j 21 I 00, 4 P. kea 47 CITY OF NrjWPORT BEACH HARBOR PERMIT PERMIT NO. DATE prKMIT lkowd gutug& to DREDGE WrErNIAL Er..j"G HAULC-DTosEA,----,.- PLAUCED ON BMCH—j CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) 54-1 3. New Construction 4. Fee _�3,5-/ 5. Brief Description of 1; q- Revision Maintenance V Dredging Check No. Date 6. Submit 8 1/2" x 11 " Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size, 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile. and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations, B. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be c rse side of this sheet) 8, Applicant's/Agent's Sigi �#et Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) ____V'Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date JLr2 Date Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit sub�,�cts the applicant �o a civil penalty for not more than five hundred dollars ($500). — 1, as owner of the property, or my employees with wages as their sole compensation. will do the work, and the structure is not intended or offered for sale (Sec. 7044. Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who doe; such�V&k,.himself or through his own employees, provided that such improvements are not intended C or .-,offered �-,f o r-')-� Eil .3. If, however, the building or improvement is sold within one year of completi n the owner-bu . Ide will have the burden of proving that he did not build or improve for the purpose of sale.) — 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). am exempt under Sec. of Business and Professional Code for this reason Owner's Signature: — - Date: Contractor: 5CIJ�F-� —5111/) Telephone: Address, :5 06 '56 License class State Board No. SZ)-�-0�3 City License No. Z-YR2_ LICENSED CONTRACTOR'S DEC RATION I hereby affirm that I am licens d &under pr V ions of Chapter 9 (commencing with Section 7000) of Pr 7 Division 3 of the Business and ro si ns od and my license is in full force and effect. Contractor's Signature Date: zz-,;� Y—,9 PLIRMIT NO. DREDGING A2PLICAT-ION Project Location: 1700 Block,E Bay Ave. bic ':a= - 's -0 be Dredged. 250 Met�nod of Dredging - Nature of credged Matezial-. q, ,q -y 4. Dismosition of Dredged Material: jLation Method of Material D-,suos-,tion: T'—'-!�iditv Control Method: .��=Ct, of dredgi-a on cortiquous tul,'�Cheading and !�eaches Reimforce/-crotect - -------- Mark Sites herebv state that have read �-hc U. S. %rmv Cor=s in 'NevocZt --eers 0 ermit for :nainte.nance dredcir.g CitY Of Newport Beach and Orange Ccultv Hazbors,3eacnes a -d pzz"<s Disc::4cz (if applicable) per-.ni- for mai.- Itenance dredging and that _7 accem- =:7 �he 9--ovisions therein. Additionally I cTua.'artee that the p=posad dre.dcr'nc will act, occluz because of any al't-eri,g of existing use of . e az--� th zone. Gary Vose - Icant-type name) 9/9/92 (Date) m Signed: Aon=a�ctcrls Representative -7rl H5ATIN "Aff-I R a w. N Mks A3 "'16'&VmWW "vit WA., JIG V I C LNITY. .S,;< E T C H .0" dirry CIA ifoaMIA A. 0"0' o'"014 "00AS oelotv Wean Iowa, 40� 6?001er. 'Wor'�m, pon?e Q/' 0,01, /0 Y�boe /,AeS Gee exiQ6115thOd "A;J D 'Paj T r 14 kA *-30 Alley e 4 �4�a_ A00 p; 5s 1701— �13 r. �,?�4A ery At I 0 CITY OF NEWPORT BEACH HARBOR PERM PERMISSION 6 NERIM MAINTAIN WE FACKM 9=110* AT THE SITE MDKVM SI)MV VO VNIM": THE HARSCIR PERMIT POUM 0111 ANY SPECIAL CONDITIONS UISM =26P RIGHT$ GRfEN UNDER AND THIS PERMIT MAY IN ACCORDANCE VATH 19-1701 9/12/92 7 — , "-- . r 4.41T NO. DATS PEMAT 119,151VE'D SUBIJIMUro I - L4U',."D, *7 250 cu yds PLACED,314 LEk-31-- t ; t 8/28/89 Coastal Commission 9/25/89 7�� PT-IrUIAIT NO wz DREDGING APPLIC-A�,ION Project Location: 1701-1801 East BaY Ave. Zu�oic 'taxds to be Dredged: 300 Me th c d of Dredging: Nature of Dredged Material: s,,H/,jjt Disnosition of Dredged Material: Q Ieac?i reclamation Method of Material 01sposition:_?i?,peline tr-ams-mort T--,-bidimy Control Method: Z*ffect of dredging on contiguous bulkheading and beac-es Reinforce/mrotect bulkhead -restore sand t -o depleted beach M151, hereby state that 1 have read �he U. S. � �iifttftnfme) - Co -.=s of Zngiaeers permit -for maintenance dredging 4-1 NeWmart Har' -Cr, t�,� City of Newi�ort Beach and Orange County Haxbcrs,BeaChes a -d mz-kS D4sz�jc� (if ammlica-ble) Per.mit for maintenance dredging and that I accamt =1.*, thp =zovisions therein. Additionally I guarantee that the mrcposed dre�da4-a � -1. - will not occur because of any altering of existing use af the affected zone. Ralph Bernard (Applicant-tyme name) tor type 11/30/89 (Date) S igned Contra -or's Representative -NjtWP0nT P`it AIRSOR 2,h' PERMISSION is Hrm Eav c' -A'.", �r� yfa MAINTAIN TWF FACZUTY AT TPE SIT2� 0kr N, T!IE HARPOR -ruv.,. ANY IS NOT Tim cr;v 7, V RIGHTS ANO TViS ;;ODE. 47 SPIEVAL COWTIOM carps 04 Engineers perveg Iry �)rmfga coulOy P�rmlt PERMIT IJqueD quj3jFcT - To. DREDGE MNrF-'RIAL BEING ilAUI-EDTo$EA___-. PLACED ON REAC�I_ Z ego e� _e_:f - � 7� /a q -') 'i (,I /V-F,;P�Oopr ds�4c,4.�, X Z loc. 0, 91 Be'a., 7 04, 'd. 0 Ot, VICIAJITY Sk E TC H mlirlrrrr 1 C40, NSWPOgr DAY, /O4r&I( 'Yo^60e /,;7,5 c7re Sec?g�,o oyrvcw ,'�'go FCC 2-j�vr� Z,? 5 001,T-lep6go r-R&.V q -9A A VEA1 U,�, 6WIA1 -A 7 cqA-1 7- 5 0 7 - ss 1-701 COAIrWA C ro X ,r 'j.rV OF NFwPORT PEACH HARBOR PE""'M"T �! FEIRral_ -kl-f GRAZOT5., ,�,�Qt4 IS rL MAINTMN *rjj.lF FACILl'" 'ryu'. 5!7p, t7l- B'V'C-21 vAncufl p, �,F.nlo HT ANY SP�EU'f"L 1,7 f�o-, vItIF, q,;-iy NA3 pICjj7S G;VFrA ',iVAL COD" AND T)iIS pe"Z�'�'T oq 4A -7. a-) L - -7- Er- -5�3 orange r,,.,)urt, Pernlit Other PERMIT ISSUED SUBJECT To OREDGE MATERIAL BEING HAULEDTOSEA PLACED ON BEACH--- -7 -c!�3 PERMIT NO. DREDGING APPLICATION Project Location:— 1701-17o7 E. Bay ClabiC Yards to be Dredged: 300 Method of Dredging* Nature of Dredged Material - Disposition of Dredged Material: p1.m,,,,m h"OnIpart tQ beach re I clamation Methad of Material Disposition: pjnelin� tz-anamort T=-�idity Control Method: ........................ Effect of dredging on contiguous bulkheading and beaches - Mark Sites hereby state that I have read the U. S. Army (PrInt name) Cor-cs of Engineers permit for maintenance dredging in z,ewmart Harbor, t�a 41 - City of Newport. Beach and Orange Ccuntv Ha=bors, Beaches and Parks D-Jstrjc� (if applicable) permit. for maintenance dredging and that. I aczept all . the provisions therein. Additionally I guarantee -t.�Iat the ;roposed dredg4na will not occur because of any altering of existing use of the affected zone. Gina;erlee �Appl.Lcan �,YField pe name) 3t' -o r� ;jI 9-1-85 (Date) Signed: Contractor s Representative CITY OF NEWPORT BEACH MARINE DEPARTMENT January 21, 1980 TO: MAYOR AND CITY COUNCIL FROM: Marine Department ITEM No. : H-13 SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 161-7, 109-1701, 110-1114, 152-331, AND 164-19 Recommendation If desired, approve the maintenance dredging applications. Discussion The applications require City Council approval under the conditions of approval.placed on the City of Newport Beach general permit for maintenance dredgi ' ng issued by the U.S. Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The locations and app.licants for the proposed dredging and beach restorations are: 164-19 Bay Island Club #19 Bay Island 161-7 Bay Island Club #7 Bay Island 152-331 Hargraves Property 331 East Bayfront 110-1114 J. R. Bahan 1114 E. Balboa Blvd. ELQ2= Gingerlee Fields 1701 East Bay Avenue The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the projects. All dredged material will be placed on adjacent beaches. This will aid in the restoration of beaches bayward of private residences. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Melum Acting Tidelands Administrator TM: mw Cl r K o,,7 Ni-l�locpr ", -FJ' 161 I 72F �A R�' c 0 A 7, VICIM)TY' SKETCH CA, FOR I jet,, Nm�PoRr 13,Ay MIA JIt 11,99 at, a"" ` OCIOW AI LOW&, Zow klol�er. A4o, Q"�p "effi. Alor 60 , ore & ioblfshed 5ccl'o' oyrtvd'�l I 72F �A IC-/ -C,lc- NeVPOPr 45��4C C e 77� Z- IW" , 0 5'00�d,n,?s �'w &Apcs�ccl ?� /�,&/ 0�y C/.�C�o dep eh 5 beloW e�jeoj ZOW&r A40,�� po�qe ./, i"O'c c2re d , iob/15,6col ;7 zo L .1 N r I -;:Fl 7� ,4 Al VICI M I T%r' SKETCH wjr 4rr, c Ns�poar DAY, CAL IPOUNIA jef'r 5'00�d,n,?s �'w &Apcs�ccl ?� /�,&/ 0�y C/.�C�o dep eh 5 beloW e�jeoj ZOW&r A40,�� po�qe ./, i"O'c c2re d , iob/15,6col ;7 zo L .1 N r I -;:Fl 7� ,4 Al 9ff VICIMITY SkETCH i �irTy . (7 NaI,poRr 131AY, CALIFOaNIA aeur sburIa",Igs O'd &Ap�c�sed 1. r,.l W6,�rr. V�wff,,. Hczr6o, are eayabllshcpcl X;) YA;.l jtfc/,on D.rel) c t -t (VAe gnt 4 Ile A14A,4,lr I C, 7- 04K, 0,224� 701 A Cl r K mr- 1vgrKoopr 00 u So �S; 0 1;r1*7'p , 'V c VICIMITY SkETCH Wolf -wrrr i C." ",�PoRr CALIFORNIA �Jrrfr 1495 I 41co� 4ower Zow vlo,�ef,. Alorboe /'nes ( \ 516&-/ Y.�' IA;5 scc/,,, 0',"fVcWPp'/1 60r, w c 2 It Agf,&,u. 7" e It- ss 77 /0 �—/ "7() / CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W, Newport Blvd. January 15, 198 - 0 Area Code 714 640-2156 State of California Department of Fish and Game 350 Golden Shore Long Beach, CA 90802 Attention: Dick.�Nltsos, Water Projects Coordinator Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Depa rtment has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you h ave any questions regarding this application, please contact the City of Newport'Beach Marine Department at.(714) 640-2156. Sincerely, 0, HARSHBARGER, DIRECTOR MARINE DEPARTM Glen E. Welden tidelands Administrator GEW: I I CALIFORNIA January 15, 198 0 . 6. S. Department bf Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service 300 S. Ferry Street, Room 2016 Terminal Island, -CA 90731. Gentlemen: City Hall 330D W. Newport Blvd, Area Code 714 640-2156 The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach.on I . February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you have any questions regarding this appli-cation, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINEDEPARTM Glen E. Welden Tidelands Administrator GEW:11 �6 �-/ 7(1 / CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. January 15, 1980 Area Code 714., 640-2156 S. Department of the Interior Bureau of Sport Fisheries, and Wildlife 24000 Avila Road Laguna Niguel, CA .9.2677 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 1.0, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you have any questions regarding this application, please con ' tact the City of Newport Beach Marine Department at (714)*640-2156. Sincerely, 0. HARSHBARGER, DIRECTOR MARINE DEPARTM NT Glen E. Welden tidelands Administrator GEW:11 CALIFORNIA January 15, 1980 U. S. Environmental Protection Agency Region IX 215 Freemont San Francisco, CA 94111 Attention: Permits Branch Gentlemen: /0�-/70/ City Hall 3300 W, Newport Blvd. Area Code 714 640".2156 The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you have any questions regarding this application, please contact the City of Newport Beach Marine Department.at �714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE.DEPARTMENT Glen E. Welden Tidelands Administrator GEW: 11 /07-/70/ � � CITY OF NEWPORT BEACH CALIFORNIA . City Hall 3300 W.. Newport Blvd. January 15, 1980 Area Code 714 640-2156 �anta Ana Regional Water Quality Control Board 6833 Indiana, Suite I Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your. information in accordance with conditions of.approval'under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This,"blanket" permit was issued to the City of Newport Beach on Fepruary 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you have any questions regarding this application, please contact the City of Newport Beach Marine Department.at (714) 640-2156. Si,ncerely, D. HARSHBARGER, DIRECTOR MARINE DEPART ENT Glen E. Welden Tidelands Administrator GEW:ll /09-/70/ CALIFORNIA City Hall 3300 W. Newport Bl,d. January 15, 1980 Area Code 714 640-2156 0. S. Coast Guard Captain of Port 165 N. Pico Avenue Long Beach, CA 90802 Gentl emen: The encloaed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issuedto the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its January 21, 1980 meeting. If you have any questions regarding this application, please contact the City of Newport Beach Marine Department at (714) 640-2156. . Si ncerely, D.,HARSHBARGER, DIRECTOR MARINE DEPARTMENT i. td G I fte I tidelands Administrator GEW:ll PERMIT NO. DREDGING APPLICATION Project Location: ...1701 East Bay Ave. Cubic Yards to be Dredged: 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method.of Material Disposition: Pump through discharge pipe to disiDosal fill area Turbidity Control Method: Filter screen around discharge site Effect of dredging on'contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead Wm. L. Harris hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. -Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Gingerlee Field (APPilcant-type name) 11�6/79 (Date) Shellmaker, Inc. (Contractor -type nam�;_) - Signed:_W/�i Contractor's Representative /(,-) 9- / 7c / Cl r K Ns;y,,�cpr 49.6-,4c,�l -�S,3 —'e, oq r 10 err ALI VICIMITY '-SkETCH i ql�'Ogr 5A Z j2effy Y, CA L WoaNiA ,Poo . 5'bo� cl,ngs or, 5 below. AI�Q� 1pwer.za� ro�q.& 10"Wei. Alorbo, 4�7cs jcc/,P" D k7e �,i- 7 14 6, YA -rl c n I /, 45 so' zoo 0 SS Xei J. 4, b CITY OF NEWPORT BEACH HARBOR PFET,17:4114.T prilmissiold Is MAINTAIN �mF AT THE St�;t THF HARO" ANY UP"X A�: Is r1r.-T TIM AND 16CREar, IN aD,'AYOR DATE PERMIT NOR 0 OPWIAL DON"OrlelIftft corps of PermK 5-10- 77 Orange Colimity Perwit Others ce,., / -,�2 'e:::� C CITY OF NEWPORT BEACH MARINE DEPARTMENT January 21, 1980 TO:% MAYOR AND.CITY COUNCIL ITEM No. : H-13 F ROM: Marine Department SUB JECT: HARBOR PERMIT APPLICATION NUMBERS 161-7, 109-1701, 110-1114, 152-331, AND 164-19 .Recommendation if desired, approve the maintenance dredging applications. Discussion The applications require City Council approval under the conditions of approval.placed on the City of Newport Beach general permit for maintenance dredging issued by the U.S..Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The locations and applicants for the proposed dredging and beach restorations are: 164-19 Bay Island Club #19 Bay Island 161-7 Bay Island Club #7 Bay Island 152-331 HargravesProperty 331 East Bayfront 110-1114 'J. R. Bahan 1114 E. Balboa Blvd. 109-1701 Gingerlee Fields 1701 East Bay Avenue The staff has reviewed the projects and has determined that the work wl ' 11 be done within the parameters of the Corps ofEngineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the, projects. All dredged material will be placed on adjac ent beaches. This will aid in the restoration of beaches bayward of private residences. 0. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Melum Acting Tidelands Administrator TM:mw C I TY OF NE IV POR T 3 E A CH H A RE -041 A PPL ICA 'ON IHO. A2Y�-al A* cle- IV I C TY SkETCH I Jet,, f—PVPr S^'f C� FOaNIA slau,Id'�qs a,, '� cee . re.e�;�,j Zj, T4 40' r A* cle- IV I C TY SkETCH I Jet,, f—PVPr S^'f C� FOaNIA slau,Id'�qs a,, '� cee . re.e�;�,j Zj, A* cle- IV I C TY SkETCH I Jet,, f—PVPr S^'f C� FOaNIA slau,Id'�qs a,, '� cee . re.e�;�,j CITY OF NEWPORT BEACH H A R05 0 R P E. R Rfli ill 7 PERMISSION IS G�,'AN'TED TO (,'UP,5TRUCT Ant) MAiNTAUN THr FAA'.3LET,,! k " MFREOF, AT TI4r SM' (�W;CMVED, OV �YACH AN!", ANY G�Tv PRAREtu'lll� 1;n 7". AND TM��S P.`U5,M-'T WA'� U,'- :w?' TUL IN ACC(LEDANCE WVfW ltlr-2 17. QW TNIS" t.'aDE- tS 1. M�lpfon �&Voo Jvl 09D �4 3 E PERMIT NO. A�l CITY OF NEWPORT BEACH HARBOR APPLICATION Nolgl.-.001 lfr 011 Z-1 R r '604 r=4 - i to.a., I Coe.", ce. PC, VICINITY SKETCH Nx�powr 5AY CALI dtrrr PoaNIA ed 4='0ecvsed in Yoe,/ ono, cy"�o/& pro., �W' re e -Yo ��Sh PP04"50�k '�g vwl do R ul T Y.4 tt --- Ap. "r z(w6 '�ye /p A/A 1� APP.4 4P IV40C i� jl� 1701 S.-RAYAV& B -4z'113014 --�-14�� 2e 4.3 -7 3 1707 EAST BAYAVENUE BALBOA,CALIFORNIA SepL,o.riber 9, 1972 To Whom It May Concern: A review of proposed slip and ramp cliange given me by my neighbor, I Mr. Hale Field indicates no apparent obstruction to the * proper use of my own existirg boaL sl -Ip which appears in the upper right hand portion cf Mr. Fr�eld'S plan dated Jan, 30, 1971. Thus, I have no objection to the comp.letion of Mlx. Field's plan as outlined. Be assured that I am avail -able for verbal corfirmation of my approval.. �C�1111 0 Lciilso Sinjith Honkln�; ""' 0, . '%�- 4-- ' DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P . 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 29 iom*ry 1073 Ito "I* viold 1701 mame U'V Aveame Wboao Califoraft 92661 Deer Mr* NOW 189"*W9 to rado to your raqueat of 27 septambor 1972,0 for Permission to comatmet a pier* ramp "d float io Newport Pay. ft.4m the vocomma4atlou of the chist of fteftesto o"d qm1or the provision$ of $44tim le of the Aar of Co"ftog APVTOV" WAfth 3o ISM 44titl4d "Aft *at $&king &PPIOP-tist"av Nor the 060atrectiout ver&fv� and prose"ation of aortata, public worm an givers and bgrbovoo and for other purposasoft yam are horalwy sixtbarload b7 the Secretary of the At" to construct a plaro Vmp and float to *stood 11 fact bayware 91 the 1148. fterhood jAve $a Ke"art Bay fronting Lets rim. I mad 2, stock Q0 say "cat sectim, vowport $"at,, orange Countyo California, as show om the attached dravloV6 U fagare Operations by %be vulted statoa require so alteration Irk the Position of the structaxe or work harmin authartmod, the atmor Vill be ftqvA*ud U"m duo notice from the SGOV0011Y Of ths AMY to "to" Or cit" tb* stmUmal work or obstructions causea thereby without expense to the Valted States. VMS mathosiration date mm Sive, my praWarty rightal either IV, rool estate 4W material, or may exclusive privilegesl and does not autborlso any InJ13TY to private P""rty at Invasion of private rights, or my Infringement of rod"Alt stste* or xowl I*" or V*Sulatloma* nor doeo Is obviate the "o"essty of obtaining state mommat to the Work authorized. Cy Furn: NMarine Safety Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 JAM Z. mram =C0 " A""$ 344triat antasev U�l IV C oo' A3. /"N *Ay ;llz 11 co".4 m C> VICINITY SKETCH NEWPORT 8AY, CALIFORNIA Za Jo r. ..1-1 'czoa d' 5� N,FW,L7oko7- ::Ire ;j 12* A /M 30" AgLo 2 Jr 14\ y OL &,o`V-&o4 7A4cr AC4 oc k- ZG ";A -54 Icv' Al -w Zo 30 zo/� �lllqreli Sent By: Shellinaker Inc; 949 5485315 To: Harbor Resources At: 7230589 ST,0 E.OF �,,XLIFORNIA - NATURAL RES�URCES AGENCY CALIFORNIA COASTA41 COMMISSION 13uuth Coas st Area Office 200 Ocw[i�jalu, suilu I QQO L009 Butich, CA 90802-4302 C - i On August 14, 2009 Bay, LLC Coastal DE and 4ecial Conditico Demolition of at in the same loc4 wall at the east( top elevation of residence. Mor Commission of The development is Avenue. City of Nei Issued on behalf of PETER DOUGLAS Executive. Director ACKNOWLEI ELOP Sep -i-09 11:54; Page 1 Page 1 of 4 Date: August 31 � 2009 Perr-nit NO: 5-09-079 The California Coastal Commission grinted to 1701 East clopmenl Permit 5-09-079, subject to the attached Standard �, for development consisting of: existing bulkhead and constructic)n of a new concrete bulkhead ion consisting of a 61 -foot long bulkhead, a 17 -foot long return -n end, and an I 8-foct long return wall on the western ond, with lulkhead at -�0.0 ft. MLLW, to protect an existing sinUle family specifically described in the application file in the ces, �thin the coastal zone in Orange County at 1701 East Bay ort Beach. I California Coastal Commission on August :� I, /�009. no I gtWT) A1181yst The undersigned permitlee acknowledges receipt of this pennit and agrees to albide by all terms and conditions th�reDf- The undersigned permit ee acknowledges that Government Code Section 8 184 whi0i states in pertinent part,f, ,that: "A public entity is not liable for injury caused by the issuancB . . . of any perl�nit . . ." applies to the isswince of this pernnit- IMPORTANT: THIS WITR-FH—ESIGNED OFFICE, 14 CAL. A 4?- 1 _6 � Please sign and ret address, MIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT NOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION N, CODE SECTION 131 58(a), Signature of P nuttee one copy of this form to the Commission office at the above Sent By: Shalloial�er Inc; 949 6485315 Sep -1-09 11:54; Page 2/4 �QOASTAL DEVELOPMENT PERMIT No. 5-09-079 Page 2of 4 STANDAR12 QPN61TIONS 1. Notice of Recel Dt and Acknowledgment, The permit is not valid and develo ' pment GII)all not commence until a copy of Old purmil., signed by the permittee or aqthori7ed agent, acknowledging receipt of the pernfl� onci acceptance of �he terms and conjitions, is returned to the Commission office. 2. E.1 iration. If �evelopmeni has not commenced, the permit will oxpiru Lwo years from theldate on which the Commission voted on the application, Developmont 8hn)l be pursued in a diligent manner and completud in reasonable peri�d of time, Application for extension of the perr-nit mu" -I. b�" made prior to the expiration claie, ln.tpyp.�!�Ijt�ion. !Any questions of intent or interpretation of any condition will be resolved by !the Executive Director or the Commission. 4, A s s -i gn q-Lqn1,. assignee files conditions of 5. Terms and Cc be perpetual, bind all future and conditions 1. Construction F permit may be assigned to any qualified persan, provi(le(i h the, Commission an affidavit accepting all Lernis and permit. Lla-ni.d. These (errn,� and conditions shall d it is the intention of the Commission and the perniittF-e to Nners and Possessor8 of the subject properTy To the terms A. No construction materials, equipment, debris, or waste wik be placed or stored wf�iere it may be subject to wave, wind, or rain erosion and dispersiol1r). 13. Any and Pll construction material will be removed from the site within 10 days of clompletion of construction. C. Machinery or construction materials not essential for project iinpr�)vern(�nts will not b� allowed at any time in the intertical zone. D. If turbid conditions are generated during construction a silt curtain will be utilized Id control turbidity. E� Floating )ooms w e 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. F. Non-buo fant debris discharged into coastal waters will be recovere�j by divers as!soon as possible after loss, Sent By: Shelloiaker Inc; 2. 0 a 949 5485315 ; Sep -1-09 11:54; Page 314 A.STAL -DEVELOPMENT PFRMIT iV0._5'-_679_-079_ Page 3 of 4 Pre Construction Eelgrass Survey. A valid Pre-constructior) (Zostera rnarina) 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 aclive growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass !Mitigation Policy" (SCEMP) Revision 8 (excopt 6s modified by this special condition) adopted by the National Marine Fisherios Service and shallibe prepared in consultation with the California Dopartment of Fish and 'arne, The applicant shall submit the eelgrass survey for the review and approval of the Executivc Director within five (5) business days of compl�tion of each eelgrass survey and in any event no later than fifteen (1 ) business days prior to commencement of any develolpm6,,,)�. if the eelgr4ss survey identifies any eelgrass within the project area, which would be i limpacted by the propGsod project, the development Shall require an amendment to this permit frorn the Coastal Commission or a new coastal *elopment permit. Post Gon�-struction Eelgrass Survey. If any eelgrass is identified n V�e project ar�a by the survey required in subsection A of this condition above, wilhin one-month after the conclusion of construction, the �ippljcjnj shall surv�y the project site to determine if any eeigniss w�js adversely impacted.1 The survey shall be prepared in full compliance with the "Southern! California Eelgrass Mitigation Policy" (SCE�vlP) Revision 8 (except @4 modified by this special condition) adopted by thD National Marine Hiheries Service and shall be prepared in consultation with the California Department of Fish and Game, The applicant shall submit the post-cons[Fuction eeJgrass survey for the review and approval of the Executive! Director within thirty (30) -days after completion of the sui,vey. it any eelgr4ss has been impacted, the applicant shall replace tbe impa(Jod eelgrass ' a rn n mum . :1 ratio on-site, or at another location, in accorclanle with the Southern California Eelgrass Mitigation Policy- All irnpncts td; eelgriss habitat shall be mitigated at a rnin�mum r@tiu of 1.2,1 (rilitigation(: impact). The exceptions to the required 1.21 inifigation ratio found with[In SCEMP shall not apply. Implementation of nfltigation shall require an! annendment to this permit or a new coastal development perrrilt i unless the, Executive Director determines that no amendment of new permit is riquired, Not earlier, than 90 days nor later than 30 days prior to co nirne rice rript I[ or re-commelicement of any development authorized under this coa�,t�jl clevelopm4nt permit (the "project"), the applicant shall undeltaKe a survey of the proj�ct area and a buffer area at least 10 meters beyond the piojoct Sent By: Shellmaker Inc; 949 5485316 ; Sep -1-09 11:55; Page 4/4 No. 5-09-07 Page 4 of 4 area'to d4ermine the presence of the invasive alga Catiferpa taxifoli,3. The surve�j shall include a visual examination of the substrate, B. The survO protocol shall be prepared in corsultati on. with the Regional Water Quolity Control Board, the California Department of Fish and Garne, and the N�tional Marine Fisheries Service. C. Within fivo (5) business days of completion of the survey, the applicant shall subnhit the survey: (1) for the'review and approval of the Executive Director; and (2) to the purveiUnce Subcommittee of the South6rn California Caulerpa Actibriffeam.(SCCAT), The SCCAT Surveillance Subcommittee may he co tacted through William Paznokas, CaJiforria Department of Fish & Gaile (8681467-4218) or Robert Hoffman, National Marine Fisheries Servic� (562/980-4043), or their successors. D, if Caul&rp� taxitolia is found within the project or buffer areas, the applicant Shall not proceed with the project until 1) the applicant provide evidence :a the Executive [Director thatall C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all ar plicable governmental approval requirements, including �)Llt not lirnitecl to those of the California Coastal Act, or 2) the applicant have revised the project to, avoid any contact with C. taxifolia. No revisions to the . projeqt shall occur without a Coastal Commission approved amendmqnt to this coastal development permit unless the Executive Director cletermines that no amendment is legally required. F��/Irn (Q Permit 2009� 1701 e� t hey, 11V Docurnpnt2 Printed on ALIUUSTI�111. 2009 Sent By: Shellmaker Inc; 4"� 'of, 0 Lrfe-]�' REPLY TO ,vriv4noN op; Office Of U -IL Cl -def Regulatory Division Henry T, Segerstron 1701 East Bay LLC' - 425 California Stie�l San Francisco, Califo Dertr Mr. Scgerstron 949 5485315 ; Ail -B-09 14:47; Page 2/3 DEPARTMENT OF ME ARMY LOS ANGELES 01.3TRICT, CORPS OF ENGINEERS P.0,101OX632711 LOS ANGELE.3, CALIFORNIA 90053-2326 91404 T Line 18,2009 Ll'�� Pf Reference is ni de to your request dated April 17,2009 (File No. SPL-2009-00399-SCH). Under the proylslons of Section 10 of the Rivers and Harbors Act of Warch 3, IB99 (33 U�S.C. J()3), you axe hereby autho.-ized to conduct the work described below In association w! th the Vol Eas 1. Bay LLC Seaw4 Rei ioval and Replacernerit Project, in Newport Harbox within the city of Newport Beach, Orange County, CaWornia, as shown on (be enclosed dtawings. Specifically, new seawalt will bp wide, and B feet 6 In in place coping on b 17 -foot return i4aLl property line, The r by means of Dywidi current City of New The owner or ai Pern-J-9sion (LOP) Ind Condition% One of th Engineers (a pre-addi postcards to notily thJ construction) and con ;iu are authorized to remove and replace the existing failing seow�dl.Thu .imposed of tongue and groove Pee -Lase panels (10 inches thick, 4 feet ies tall) with a 3 feet 6 mches; tall by I foot 10 inches wide continuous, mst of the parLel, '11te front face of the sea wall is 61 feet, There will also be �1 the �asterjiproperty Bric and an 18 feet return wall on [tie western w wall will be tied back to four steel 1 -beams encased in concrete caia�cws michor rods. The new seawall elevation will be +9.0 M1,LW to invet DA Bea6 height requirpmenW. ithorized xesponsil4e: official muA sign mid date all coplesof thaWterof cating ih�the/sh� agrees to the work as described and will coinplyivillialt signcd..C.Ppies of ' this Letter of Permission must be retamed to the Corp., of ?ssed envelope is enclosed). fn addition, please use the two at t�jcljed 3 office as to the dates of cowayiencement (within 10 days prior to the start of pletion of the activity (within 1.0 days fol -towing the end of constn[.06011). Sent By: Shellinaker Inc; 949 5485215 ; Jul -8-09 14:48; Page 313 0 rzurthermore, you', Admini8tradve Appeal F process Is diagrammed li e hereby advised that the Corps of Engineers has esLablished In ocess which is fully described in 33 CPR I'aft,331. The complete appeol tile enclosed Appendix 5, Thank you for par�icipating in out, regulatory program. if you hzwe any questions, plQase contact Sophie Huynh al my staff at 213,452.3357 or via c -mail at SophJa.C,HLiytihgus,ice.�rmy,mfl. i1ease be itdvisc4 that you can now comment an your experience with Regulatory [Division by accessing th� Corps web -based customer survey form at: Sincerely, Mark 1) uxl1am Ct-dO, South Coast branch Regutatory Division PERWITEE DATE d -FP Sent By: Shellmaker Inc; To: Harbor Resources At Company: Attention: Sent ByR - This trarm 7230589 949 5485315 ; Jul -B-09 14:47; Page I SHELLMAKER INC. 837 West 17hStreet osta Mesa, CA 92627 (949) 548-5359 FAX TRANSMITTAL goo- -RE!fOOReE-5 — Date: 'I- g-,0'7 -6A 4Jtq,.-m.-4s Fax Number: '11 -IM Fax Number (949) 648-5315 contains _:2__ pages including this cover sheet HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. [gLeneral Description of Proposed Development: Remove & Replace seawall Ialona existinq alicinment. jProperty Address: 1701 East Bay Avenue I Legal Description: lHarbor Permit Number: 109-1701 1 1131an Check Number: 0419-2009 jApplicant: 1701 E. Bay Ave. LLC I Applicant's Mailing Address: 1701 East Bay Ave., Newport Beach, CA 92661 Phone Number: (949) 548-5359 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, a That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: �( Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o 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. Lisa Walters, Harbor Resources April 7, 2009 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 Ii � �Na - � Please print 3 copies Worksheet for Building Combo Permit Application City of Newport Beach - Building Department (9 r.]'BuIlding [—,i Grading F]Drainage r- Elec r7i Mech M. Plum 1. Project Address (Not mailing address) 11701 �E66T_ B61Y iWE:MLJi� Tenant Name(if Applicable) 2. Description of Work ............. . ................. ................................... ....... ... .............. "... ..... ......... .......... Exist House SF Demo House SF Add/Reconstruct House SF Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF E TOTAL HOUSE SF New Add —:Dem ...... J Alter r 0 TOTALGARAGESF 3. Owner's Name Last First Owners Address -BPI AVEUL)s . ........ .... 1_...___________ -------- City ! State .... . ....... . .......... J F ... ........ . . Floor Suite No .......... # Units (if Residential) ............. . Use Valuation $ 5i��W # Stories El Cu Yd Fill Owner's E-mail Address ............. . zi 1 Telelphonel P qai 4.1 .... ....... .......... ...... ... 4. Architect/Designer's Name Last E777777777FIrst 1777777 Lic. No. Architect/Designees Address . . ........ . ...... . ........ . ......... ....... . ....... ........ . ..... . ..... . ..... . �J . .... . ..... city F State 177� Architect/Designer's E-mail Address ... ... ... ... ........... ... .... ...... - ............ .. ............. Zip. Telephone ...... ..... ... 5. Engineer's Name Last First S000 .................. ..... . ........... Engineers Address ............ ........... .. __WrTE ...... . ..... ........ city State ........................ ................. ... - .......... ...... Lic. No. R� Engineer's E-mail Address W536,21 usa. COM ZiPF_;� .... ............................ .................... Teleiphonej� J[7.6, Contractor's Name Last L� First Lic. No. Class R a(Im F77777 5�� RK Contractors Address State city W§nqvo� )9- . . . ....... __.. . ..... .... —qR: OFFICE P/C FEE $ -AlPi 1* CITY OF NEWPODT�WO PIC FEE $ 07 - 1 ?)?!�LREOrECH/PLUM P/C Rev IRR Contractor's E-mail Address in . ....... .............. .......... .. Zip Telephone'?145 6-49-63577 ...... . ..... ............. IT NO. PLAN CHECK NO, PLAN CHECK FEE $ Iogle Wo 898 1J0d= ght OR 0 '0a S03NOO WHMMUS MUMM 011 '"nU8AV A98 4903 &OL& 3NI'S31V00ssv 10 Nosa"Is Jvvi'vau Md.. [m 1z he I% 1% c Ild M Sag q p!, gh w gill 0 ml - I I i li I IJ I i 1111 i I I T I 1111 ill 111111111 1111 -N 'IN I Ott pal I Ji! Mill! I Umn 11 1 gflM2�!! gi 52,011p; a 11,11 -RX , IN 'I'M Mh!dIpJ R NW11;J1, 111�1 "nolicli D111- 9-0 Di wq ISIPE P, ! 49 '116 HMAMEj A :1 JJ& i:6R! 11op !J RiJO j, IV I A i9f HOW I cf) LU OEM% 1 M it P Of I oil f I nil MI -I I 1 01-212 i It R. 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OR Ing it its 10 In A U1 I -At -1 F. 9N. e H ix -U I vp n' Ila IT UP gal I -k I OlW T CON�ENO SMMRA L=S EXISTIM" CATER AT, 1701 E BAY AVENUE NEWPORT BEACH, CA 9260t O.ER �PPUCA' r 701 East By A LLC 1701 East S -OA Nowpoft Boach, CA 92661 rn" 1 L -- — -- — -- — -- — -- — -- — - Iff— — ---- ----- -- ------- Uj I STREET Xx- IV DUM m 0 0 CD CD rr (U(U M 0 Av. CD 23 OW M 1118 F-1-1 -T11 I .1 0 112 C) CCD T a Z po PU CD C' W 0.0 3 (D WILLIAM SIMI-SON ASSOCIATIES, INC. mw 1� �PU�T DI East Say Avenue, LLC MWLV� SMCMRAL MMaRS Vol a NXV14 DI East Day Avenue Ifewport Beach, CA 92061 -RT r jug 0 r ---- R-N IM ri IM F F� z Ir A HU a 5 z P iq ng U. R qz ZO HN 9 Yi( 7 I m WWA 0 0 PC 1 R If IM WILIAAM IWIP rN. 4 ASSOCUSTIFS, NC 170011 y A, LLC S-:2 WN=IING MUMIRAL OGIMEMS 17 t eE::l U:, .y A,::U Newport Beech, CA 92661 OnNLS Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted tinder federal or state permits and authorizations issued by the U.S. Army Corps'of Engineers and the Coastal Commission. The forin 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 ale 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, please contact: Robei t I-loffman, National lvlarine Fisheries Service, (562) 980-4043, or William Pazaokas, California Department of Fish & Gasrie� (858) 467-4218). Site Name: 1701 E. Bay Ave., Newport Beach (COMMon reference) Survey Contact: (name, phone, e-mail) Mark Sites (949) 675-1071 marklsites@yahoo.com Permit Reference- (ACOE Permit No., RWQCB i der or Cert. No.) RGP #54 Cqy-��it ydrographie System: (bay, estuary, lagoon, or ILower harbor) Newport Harbor Specific Location: (UTM, Lat./Long., datum, N 33 36.001' accuracy level, attach W 117 53,286' electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelerass was found at this site. XXX No, Eelgrass was not found at this site. Description of Permitted Work: Remove and replace existing wooden bulkhead with concrete (describe briefly the work to e con ct at the si e under the permits identified above) 17De-s�cripfion of Site; Depth range: (describe the physical and +5'to —2' M LLW biological conditions within the survey area at the time of the survey and provide insigh into variability, if known. Please provide units for all urnerical information). Suhstrate type: Sand -7� �Tenjperature: �ri F� Salinity: NA Dominant flora: None Dominant auna: Mussels on dock floats and pile, Exotic species encountered: None Other site i=one descrip I I on Ion I Inotes: L— 2 Description of Survey Survey date Effort: and time October 16, 2008 1.655-1715 (please describe the surveys period. conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the surveX efforts. Horizontal visibility in 4'vertical water: Survey type andmethods: Area surrounding proposed project site was surveyed while exposed at low tide. Low tide line was approx. 30' from existing bulkhead. Survey personnel: Mark Sites Survey density.-_- Over 95% Survey limitations: None 5ther Information: (use this space to provide any additional information or -0.6' MLLW slack tide references to attached materials such as maps, rawing, photos, and aerial attached. reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/17/03) lz Irma w Cauterpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Cauleipa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Cauletpa, Surveys required to be conducted for this species are subject to modification through publication of revisions to tile CQulerPO survey Policy. It is incumbent,upon the authorized permittee to ensure that survey work is following the latest protocols. For farther information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: October 17, 2008 Name of bay, estuary, lagoon, or harbor: Lower Newport Harbor Specific Location Name: (address or common reference) 1701 E. Bay Ave. Site Coordinates: (UTM, Lat./Long., daturn, N 33 36.001' accuracy level, and an W 117 53.286' electronic survey area map or hard copy of die map must be included) Survey Contact: (name, phone, e-mail) Mark Sites (949) 675-1.071 marklsitesayahoo.com Personnel Conducting Survey (if other than above): (name, phone, e-mail) same Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) Harbor Permit ACOE RGP#54 Is this the first or second survey for this project? 7Was first Caulerpa Detected?: (if Caiderpa is found, please immediately Yes, Caulerpa was found at this site and contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXXXXXX . No, Caulerpa was not found at this site. Description of Permitted Work; (describe briefly the Remove and replace existing wooden bulkhead with concrete. work to be conducted at the site under the pennits identified above) Description of Site: Depth range: +5' to —2' MLLW (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into Substrate type: Sand Temperature: 61 Salinity: NA Dominantflora: variability, if known. Please provide units for all numerical information). None Dominantfauna: Mussels on dock floats and pile Exotic species encountered (including any other Caulcipa None species): Other site description notes: None Description of Survey Survey date and Effort: time period: October 16, 2008 1655-1715 (please describe the surveys Horizontal conducted including type of visibility in water: 4' vertical survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the Survey type and methods: Entire area around ADE was surveyed while exposed at low tide. Low tide line was approx. 30' from project site. bottom actually viewed), Describe any limitations Survey personnel: encountered during the Mark Sites survey efforts. Survey density: Over 95% Survey limitations: None Other Information: (use this space to provide -0.6' slack tide additional information or references to attached maps, reports, etc.) Drawing, photographs, and aerial attached Caulerpa Survey Reporting Form (version 1.2, 10/31/04) I All ANN] Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented, Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Required Information Site Name: *'1701 EAST BAY AVE. (common reference) Survey Contact:— ]-TOMNELSON 1(name, 949-910-2310 e_m:7 phone, 11) TOM N N EWPORT@YAHOO.CONA Permit Reference: CDP # 5-09-079 (ACOE Permit No., Permirt iNo-) Hydrographic System: I -OWE R N EWPO RT HA R BO R (bay, estuary, lagoon, or harbor) Specific Location: LAT 33.599675 (UTM, Lat./Long., I-ONG -117.888301 datum, accuracy level, attach electronic survey area map if possible) Was Eelgrass Yes, Eelgrass was found at this site. Detected: o EELGRASS WITHIN 15'OF PROJECT o EELGRASS WITHIN 15'— 30'OF PROJECT * XXXXXX _ No, Eelgrass; was not found at this site. IDescription of * REMOVE AND REPLACE EXISTING BULKHEAD *rngtled Work: WITH CONCRETE., (descritile briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Forrn (April 2009) Description of Site: Depth range: *SHORELINE TO 5 FT� (describe the physical AT TIME OF SURVEY TIDE VARIED and biological BETWEEN +2 TO +1 OUTGOING TIDE. conditions within the survey area at the time I PM TO 2.30 PM of the survey and provide insight into variability, if known. Please provide units for all numerical information). --liSubstrate 17ND type: 1 67 F Salinity: NA Dominant NONE flora: MUSSELS, TUN ICATES. 3A;D,N1PC1FS0N IDominant fauna: DOCK FLOAT AND PILE NONE species pqExotic encount red: Other site N 0 N E description notes: of Survey Surveydate �rAUGUST202009 lDescription Effort: and time (please describe the isurveys concliucted period: 1.00 PM TO 2-30 PNI including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Eelgrm Smey Reporting Fom (Apil 2009) Map of 1701 E Bay Ave, Newport Beach, CA 92661-1453 Map ot 1701 E Bay Ave, Newport Beach, CA When using any driving directions or map, it's a good watch out for construction, and follow all traffic safet) to do a reality check and make sure the ioad still exists, autions. This is only to be used as an aid in planning. Page I of I http://maps.yahoo.conVprint?mvt--s&tp=l&stx=&fcat--&frat--&clat--33.599909&clon7-11... 8/20/2009 Map of 1701 E Bay Ave, Newport Beach, CA 92661-1453 Map oi-I �u i L bay AVe, Newport Beach, L;A 92661-1453 f, NAVT101.1. 3. C a 1 fillow all suvpvem W "s CV47cli cab ?t� b 0 * owr r. Page I of I DOW Caulerpa Survey Reporting Form -niis forin is required to be submitted for any surveys conducted for the invasive exotic alga Caulopit taxifolia that are required to be conducted under federal or state perinits. and authorizations issued by the U.S. Almy Corps of Engineers or Regional Water Quility Control Boards (Regions 8 & 9). The forin has been designed to assist in controlling The costs of reporting ivItile ensitring that the required information necessary to identify and control any potential impacts of the authorized actions oil the spread of Caule2pa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Catileypa survey policy. It is incuinbeirt upon the authorized perntittee to ensure that survey ivork- is folloxving: the latest protocols. For fiu-ther information on these protocols. please contact: Robert Hoffirian. \itional -Marine Fisheries Set -vice (NOAA Fisheries). (562) 980-4043. orlVillianiPizuokas. California Department of Fish &- Ganic, (858) 467-4218). Report Date: AUGUST 20 2009 -Name of bay, estuary. LOWER NEWPORT HARBOR lagoon, or harbor: Specifflic Locadon.N=w. 1701 EAST BAY AVE. NEWPORT BEACH CA. 92661 (address or coninion reference) Site Coordinates: LAT 33.599675 (UT -M. Lit.. Long.. datitin. accuracy level. and an LONG -117.888301 electronic sin-vey area inap or hard copy of the inap must be included) Sul -Vey Contact: TOM NELSON 949-910-2310 i narric. phone, e-inail) TOMNNEWPORTRYAHOO.COM Personnel Conducting NONE Survey (if other than above): (nanie. phone. e-niail) Permit Reference: CDP # 5-09-079 (ACOE Pernrit No.. RXVQCB Order or Cert. No.) Is this the Ih-st or second SECOND surve-y for this project? -� F -Vas Cattlerpa Detected?: (if Cauleipa is found. plea se Yes.. Caulerila was found at this site and immediately contact N10AA Fisheries or CDFCT personnel identified above) has been contacted on date. XXXXXX No, Caulerpa was not found at this site. Description of Permitted REMOVE AND REPLACE EXISTING BULKHEAD WITH Work: CONCRETE. (describe briefly the work- to be conducted at the site under the pm-raits identified above) Description of Site- Deprij rairge: SHORELINE TO APROX. 5 FT Substrate npe: SAND (describe the physical and biological conditions within the Te.ppipepartlye: 67 F survey area at the time of the Sahnim, NA suivey and provide insight into variiii1ity. if known. Please Dondnowflora: NONE provide untits for all numencal Dontinantfainia: MUSSELS,TUNICATES, BARNACLES ON DOCK FLOAT AND PILES I Evade 3pffiff 11NONE encountered thichidnig on ' y orlier Cattleipa species).* orliersire NONE desepiption notes: Description of Smi-ey Sinveir date and AUGUST/ 2012009 1.00 PM TO 2.30 PM Effort: Mile �eriod: (please describe the surveys HO"IzOlital 2 103FI conducted including type of 11sibilitt'i), ivater., Sumer n and � Ve SURVEYED APE 30 FT FROM PROJECT survey (SCUBA. remore video. etc.) and survey inerliods: SITE methods employed. date of work. and survey density (estitnated pci-centaec of the boatcan acaaally -. ie � SfffTl�r Per-rotiffel- TOM NELSON Describe any litnititions encountered durina the uirvey efforts. Surt-eq- densirv.- 100% NONE Other Information: DRAWING, MAP, SURVEY AREA ATTACHED (rise this space to provide additional iixforruatiou or references to attached inaps. reports. etc.) Caulerpa Survey Reporting Forin (version 1.2. 10,131..,04) Map of 1701 E Bay Ave, Newport Beach, CA 92661-1453 Map of 1701 E Bay Ave, Newport Beach, CA 92661-1453 using any driving directions or map, it's a gol)d idea to do a reality check and make sure the road still exists, ch out for construction, and follow all traffic safpty precautions. This is only to be used as an aid in planning. i -4-0 � ( -, B iq 01 AV C Page I ot I http://maps.yahoo.comlprint?mvt--s&tp--I&sbc--&fcat--&fi-at--&clat--33.599909&clon---1 1... 8/20/2009 R A using any driving directions or map, it's a gol)d idea to do a reality check and make sure the road still exists, ch out for construction, and follow all traffic safpty precautions. This is only to be used as an aid in planning. i -4-0 � ( -, B iq 01 AV C Page I ot I http://maps.yahoo.comlprint?mvt--s&tp--I&sbc--&fcat--&fi-at--&clat--33.599909&clon---1 1... 8/20/2009 Map of 1701 E Bay Ave, Newport Beach, CA 92661-1453 Map of 1701 E Bay Ave, Newport Beach, 9 �' q 'I 11. S -1453 0 YA�� - . , � -�rl & .'4e. 25 using any driving directions or u ap, it's a good idea �o c:c a reality check and make sure the r3ad still exists, out for consti uction, and follow 11 traffic safety precauucis. This lE only Io ' - j�enl as an aid !r, plarining. SwOI164 *ICF fmmoed SmWUG4 40 (00" Oterps Page I of I