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Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
Peter Shea
2009 East Bay Avenue
Newport Beach, California 92661
Dear Mr. Shea:
July 6, 2012
Reference is made to your request (Corps File No. SPL -2012 -00063 -SME), dated January 4,
2012, for a Department of the Army (DA) authorization to construct the 2009 East Bay Avenue
Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act
of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the
work described below within Newport Bay in the city of Newport Beach, Orange County,
California, as shown on the attached Figures 1-3.
Specifically, you are authorized to conduct the following regulated activities:
1. Remove four existing, 12 -inch concrete piles (Figure 2);
2. Remove an existing, 788 -square -foot dock structure (Figure 2);
3. Install two new, 14 -inch concrete piles (Figure 3);
4. Install two new, seven -foot concrete "T" piles (Figure 3); and
5. Install a new, 684 -square -foot dock structure (Figure 3).
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this LOP must be returned to the Corps Regulatory
Division. In addition, please use the two attached postcards to notify this office as to the dates of
commencement (within 10 days prior to the start of construction) and completion of the activity
(within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps Regulatory Division has established an
Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CPR)
part 331. The complete appeal process is diagrammed in the enclosed Appendix A.
Thank you for participating in our regulatory program. If you have any questions, please
contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.artny.mil.
Please be advised that you can now comment on your experience with Regulatory Division by
accessing the Corps web-based customer survey form at:
]=://per2.nwp.usace.army.mil/surve html.
Enclosures
PERMITTEE
Sincerely,
Corice J. Farrar
Chief, Orange and Riverside Counties Section
South Coast Branch
DATE
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this LOP will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below.
TRANSFEREE DATE
4
PERMIT CONDITIONS
General Conditions:
1. The time limit for completing the authorized activity ends on July 6, 2014. If you find that
you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terns and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office
of what you have found. We will initiate the Federal and state coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions:
1. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States as defined by 33 CFR part 329.
2. No earthwork is authorized by this LOP.
3. Creosote treated pilings shall not be placed in navigable waters unless all of the following
conditions are met:
a) The project involves the repair of existing structures that were originally constructed
using wood products;
b) The creosote treated pilings are wrapped in plastic;
c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures
may include installation of rub strips or bumpers;
d) The plastic wrapping is sealed at all joints to prevent leakage; and
e) The plastic material is expected to maintain its integrity for at least ten years, and plastic
wrappings that develop holes or leaks must be repaired or replaced in a timely manner by
the permittee.
4. No other modifications or work shall occur to the structure permitted herein.
A pre -construction survey of the project area for eelgrass shall be conducted in accordance
with the Southern California Eelgrass Mitigation Policy (SCEMP) (see
htto•//sww nm£s noaa gov/hed/policies/EELPOLrevl l final ndfl not earlier than 90 calendar
days prior to construction acid not later than 30 calendar days prior to construction. The
results of that survey shall be furnished to the Corps Regulatory Division, National Marine
Fisheries Service (NMFS), and the California Department of Fish and Game (CDFG) at least
15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory
Division determines eelgrassmay be impacted by project -related activities, further eelgrass
monitoring and compensatory mitigation may be required, as described in the SCEMP.
6. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
htt)alswr.nmfs.noaa.eovlhed/cauleroa/ccn.ndf) not earlier than 90 calendar days prior to -
construction and not later than 30 calendar days prior to construction. The results of that
survey shall be furnished to the Corps Regulatory Division, NMFS, and CDFG at least 15
calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is
detected within the project area, the permittee shall not commence work until such time as
the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in
writing by the Corps Regulatory Division, in consultation with NMFS and CDFG.
The permittee shall discharge only clean construction materials suitable for use in the oceanic
environment. The permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement
or concrete washings thereof, oil or petroleum products, from construction shall be allowed
to enter into or be placed where it may be washed by rainfall or runoff into waters of the
United States. Upon completion of the project authorized herein, any and all excess material
or debris shall be completely removed. from the work area and disposed of in an appropriate
upland site.
8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S.
Coast Guard as described below:
Commander, 11th Coast Guard District (dpw)
Telephone: 510-437-2980
E-mail: d11LNM@uscg.mil
Website: http://www.useg.mil/dp/lnrnrequest.asp
U.S. Coast Guard, Sector LA -LB (COTP)
Telephone: 310-521-3860
E-mail: john..p.hennigan@useg.mil
a) The permittee shall notify the U.S. Coast Guard, Commander, 11 t Coast Guard District
(dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown
above) not less than 15 calendar days prior to commencing work and as project
information changes. The notification shall be provided by e-mail with at least the
following information, transmitted as an attached Word or PDF file:
i. Project description including the type of operation (i.e. dredging, diving;
construction, etc);
ii. Location of operation, including Latitude/Longitude (NAD 83);
iii. Work start and completion dates and the expected duration of operations. The Coast
Guard needs to be notified if these dates change;
iv. Vessels involved in the operation (name, size and type);
v. VHF -FM radio frequencies monitored by vessels on scene;
vi. Point of contact and 24-hour phone number;
vii. Potential hazards to navigation;
viii. Chart number for the area of operation; and
ix. The Corps Regulatory Division recommends the following language be used in the
LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake,
and proceed with caution after passing arrangements have been made."
b) The permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33 CPR chapter I,
subchapter C, part 66. The permittee shall ensure its contractor notifies the Eleventh
Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less
than 30 calendar days in advance of operating any equipment adjacent to any aids to
navigation that requires relocation or removal. Should any Federal aids to navigation be
affected by this project, the permittee shall submit a request, in writing, to the Corps
Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact
information provided above). The permittee and its contractor are prohibited from
relocating or removing any aids to navigation until authorized to do so by the Corps
Regulatory Division and the U.S. Coast Guard.
c) Should the permittee determine the work requires the temporary placement and use of
private. aids to navigation in navigable waters of the United States, the permittee shall
submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast
Guard, Aids to Navigation office (contact information provided above). The permittee is
prohibited from establishing private aids to navigation in navigable waters of the United
States until authorized to do so by the Corps Regulatory Division and the U.S. Coast
Guard.
d) The COTP may modify the deployment of marine construction equipment or mooring
systems to safeguard navigation during project construction. The permittee shall direct
questions concerning lighting, equipment placement, and mooring to the appropriate
COTP.
Within 30 calendar days of completion of the project authorized by this permit, the permittee
shall conduct a post -project survey indicating changes to structures and other features in
navigable waters. The permittee shall forward a copy of the survey to the Corps Regulatory
Division and to the National Oceanic and Atmospheric Administration for chart updating:
Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center
Monterey Bay, Room 5082, Seaside, California 93955-6711.
10. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
inthe 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 Regulatory Division, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such
removal or alteration.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 USC 403).
2. Limits of this authorization.
a) This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b) This permit does not grant any property rights or exclusive privileges.
c) This permit does not authorize any injury to the property or rights of others.
d) This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a) Darnages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b) Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c) Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d) Design or construction deficiencies associated with the permitted work
e) Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Re-evaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a re-evaluation
include, but are not limited to, the following:
a) You fail to comply with the terms and conditions of this permit
b) The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).
c) Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a re-evaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR §325.7 or enforcement
procedures such as those contained in 33 CFR §§326.4 and 326.5.. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measure ordered by this
office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR §209.170) accomplish the corrective measures by contract
or otherwise and bill you for the cost.
6. Extensions. General Condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt
completion of the authorized activity or a re-evaluation of the public interest decision, the
Corps Regulatory Division will normally give you favorable consideration to a request for an
extension of this time limit.
. LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
NOTIFICATION OF COMMENCEMENT OF WORK
FOR
DEPARTMENT OF THE ARMY PERMIT
Permit Number: SPL -2012 -00063 -SME
Name of Permittee: Peter Shea .
Date of Issuance: July 6, 2012
Date work in waters of the U.S. will commence:
Estimated construction period (in weeks):
Name & phone of contractor (if any):
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit, you may be subject to
permit suspension, modification, or revocation.
I hereby certify that I, and the contractor (if applicable), have read and agree to comply with
the terms and conditions of the above referenced permit.
of Permittee
Date
At least ten days prior to the commencement of the activity authorized by this permit, sign
this certification and return it using any ONE of the following three methods:
a:
K•
1. E-MAIL a statement including all the above information to:
Stephen.M.Estes@usace.army.mil
usace.army.mil
2. FAX this certification, after signing, to: 213-452-4196
MAIL to the following address:
U.S, Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2012-00063-SME
915 Wilshire Boulevard
Los Angeles, California 90017
10
LOSANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF
COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT
Permit Number:
Name of Permittee:
Date of Issuance:
SPL -2012 -00063 -SME
Peter Shea
July 6, 2012
Date work in waters of the U.S. completed:
Construction period (in weeks):
Name & phone of contractor (if any):
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit you may be subject to
permit suspension, modification, or revocation.
I hereby certify the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of said permit.
Signature
Date
Upon completion of the activity authorized by this permit, sign this certification and return it
using any ONE of the following three methods:
s'
o
1. E-MAIL a statement including all the above information to:
Stephen.M.Estes@usace.army.mil
2. FAX this certification, after signing, to: 213-452-4196
3. MAIL to the following address:
US. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2012-00063-SME
915 Wilshire Boulevard
Los Angeles, California 90017
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Attached is: See Section below
X INITIAL PROFFERED PERMIT standard Permit or Letter of Permission) A
PROFFERED PERMIT Standard Permit or Letter of Permission B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the. permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly, You must complete Section II of this form and return the form to
the district engineer. Your objections must be received by the district engineer within 60 days of the date of this
notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the permit should be
issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit
for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section Il of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60
days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal
the approved JD,
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer.
This forst must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify
where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the review
officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new
information or analyses to the record. However, you may provide additional information to clarify the location of
information that is already in the administrative record.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Stephen M. Estes Thomas J. Cavanaugh
U.S, Army Corps of Engineers Administrative Appeal Review Officer,
Regulatory Division, Los Angeles District U.S. Army Corps of Engineers
915 Wilshire Boulevard South Pacific Division
Los Angeles, California 90017 1455 Market Street, 2052B
Phone: (2 13 452-3660 Fax: (213) 452-4196 San Francisco, California 94103-1399
Email: stephen.m.estes@usace.armv.mil Phone: (415) 503-6574 Fax: (415) 503-6646
Email: thomas.'.cavanau h usace.arm .mil
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You will
be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT 4rSIVED a,,
200 Oceangate, 10th Floor
LONG BEACH, CA 96602-4416 COMMUNITY
(562)590-5071 FA%(562)590-5084
WWW.coastal.ca.gov.. APR 0 ?a11..ryry
Date: March 26, 2012
Mr. & Mrs. Peter & Carolyn Shea „ DEVELOPMENT u 5-12-029
2009 East Bay Avenue
Balboa, CA 92661 ip•'vt=nrd�o��
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on February 16, 2012 and was reported to the
Commission on Wednesday, March 7, 2012 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
CHARLESLESTER
Executive Director
B �ILIANA ROMAN
Y
Coastal Program Analyst
cc: Local Planning Dept.
Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung
RZ CALIFORNIA COASTAL COMMISSION
. STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
,too Oceangate, suite 1000 Permit Application No. CJ-� 2-029
`Long Beach, CA 90602-4302 Item W5b Date: February 16,:2012 +®
(562) 590-5071 _ Page 1 of 7 ,3 7 I i
COMMISSION ACTION ON
[�`Apprcved as Recornimf nded
ADMINISTRATIVE PERMIT
Denied as Recommended'
El Approved with Ciiang�s
APPLICANT: Peter and Carolyn Shea [� Denied
PROJECT [1 Other
DESCRIPTION: Remove existing two, 12" sq. guide piles, six, 12" sq. anchor piles, 12' x 24'
floating boat dock, 3' x 16' gangway ramp, 5' x 30' pier approach, 13'x14'
pier platform and replace with two, 14" sq. guidepiles, two, pre -cast "T"
piles, new 12' x 34' floating boat dock, 3' x 24' gangway ramp, 5',x 14' pier
approach, 1 O'xl4' pier platform, of pressure treated Douglas Fir and
hardwood decking, overall dock system square .footage will be. increased by
16 sq. ft. from 668 sq. ft. to 684 sq. ft.
PROJECT
LOCATION: 2009 East Bay Avenue -Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION:. The findings for this determination, and for any
special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it
reported to the Commission at its next meeting. If one-thirdor more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for, public hearing at a subsequent Commission meeting.
Our office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Wednesday, March 7, 2012 at 9:00 am
Chula Vista City Hall, Council Chambers
276 Fourth Ave.
Chula Vista, CA 91910
IMPORTANT - Before you may proceed with development, the followinc must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed
duplicate copy acknowledging the permit's receipt and accepting its contents, including all
conditions, and return it to our office. Following the Commission's meeting, and once we have
received the signed acknowledgement and evidence of compliance with all special conditions, we
will send you a Notice of Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
SS
CHARLES LESTER
Executive Director /
By: Liliana Roman
Title: Coastal Program Analyst
5-12-029(S.hea)
Administrative Permit
Page'2 of 7
STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
.acknowledging receipt of the permit and acceptance of the terms and conditions, is.
returned to the Commission office.
Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in adiligent
manner and completed in a reasonable period of time. Application for extension of the,
permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and .
possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four thru seven.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive
Director through the issuance of an Administrative Permit. Subject to Standard and Special
Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the
Coastal Act of 1976 and will not have any significant impacts on the environment within the
meaning of the California Environmental Quality Act. If located between the nearest public road
and the sea, this development is in conformity with the public access and public recreation policies
of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Project Description
The project site is located at 2009 East Bay Avenue in the City of Newport Beach's Balboa
Peninsula (Exhibits 1). Single-family residences characterize the subject site and the surrounding
area. The proposed project is the demolition of an existing dock system consisting of 8 —12"
diameter piles, floating dock, pier, gangway totaling 668 sq. ft. of water coverage and replacement
with a new 684 sq. ft. dock system supported by 2 — 14" diameter concrete guide piles and 2 — 7"
"T" piles. New materials will be pressure treated Douglas Fir and hardwood decking (Exhibit 3).
The new dock configuration is basically same to that currently in place,, except larger. Overall
square footage and overall water coverage will increase by 16 sq. ft. from 668 sq. ft: to 684 sq. ft.
The proposed dock system would span from the City's Bulkhead Line to the U.S. Pier head Line
and is consistent with the size and seaward reach of other docks in the area (See Exhibit 2).
The dock project will be used for boating related purposes to serve a single-family residential
development. The site was surveyed for eelgrass and Caulerpa taxilfolie on October 2, 2011 and
5-12-029(Shea)
Administrative Permit
Page 3 of 7
a patch of eelgrass was found approximately 30 feet northwest of the existing dock location;
Caulerpa taxilfolia was not discovered within the entire project area. The proposed project and
project construction is not anticipated to adversely impact existing eelgrass in the vicinity of the
project area. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time
(until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction .
does not occur within the respective time periods, a subsequent survey will be. required. If any
eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3
identify the procedures necessary to be completed prior to beginning any construction.
Coastal public access to Newport Bay is available approximately 240' west of the project site at the
K St. street -end. The proposed project has received an approval in concept from the City of
Newport Beach Harbor Resources Division, Harbor Permit Number 109.2009 and Plan Check
Number 0026-2012. The Regional Water Quality Control Board (RWQCB) has issued a "General
Certification for replacement of Sheet and Dock Piles" determining that the proposed project will
not adversely impact water quality if standard construction methods and materials are used. The
applicant has applied for a permit from the U.S. Army Corps of Engineers. Staff expects the U.S.
Army Corps of Engineers' Letter of Permission (LOP) deeming the project qualifies for the General
Concurrence for impacts to essential fish habitats.
Section.30600(c) of the Coastal Act provides for the issuance of coastal development permits
directly,by the Commission in regions where the local government having jurisdiction does not
have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use
Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits.
Therefore, the Coastal Commission is the permit issuing entity and the standard of review is
Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance.
B: Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable
and encouraged marine related use. The project design includes the minimum sized pilings and
the minimum number of pilings necessary for.structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic
algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used
solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal
Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location. where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the
potential for construction related impacts on water quality, the Commission imposes 'special
conditions requiring, but not limited to, the appropriate storage and handling of construction
equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce
the potential for post -construction impacts to water quality the Commission requires the continued
use and maintenance of post construction BMPs. As conditioned, the Commission finds that the
development conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Proaram
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified
LUP was comprehensively updated on October 13, 2005. As conditioned, the proposed
development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan
for the area. Approval of the project, as conditioned, will not prejudice the ability of the local
5-12-029(Shea)
Administrative Permit
Page 4 of 7
government to prepare 'a Local Coastal Program that is in conformity with the provisions of
Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives -or additional feasible mitigation measures
available that would substantially lessen any significant adverse effect that the activity may have
on the environment. Therefore, the Commission finds that the proposed project, as conditioned to
mitigate the identified 'impacts, is the least.environmentally damaging feasible alternative and can
be found consistent with the requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
Water Quality
A. . Construction Responsibilities and Debris Removal
(1) No demolition or construction materials, equipment, debris, or waste shall be
placed or stored where it may enter sensitive habitat, receiving waters or a
storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion.
(2) Any and all debris resulting from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within 24
hours of completion of the project.
.(3) Demolition or construction debris and sediment shall be removed from work
areas each day that demolition or construction occurs to prevent the
accumulation of sediment and other debris that may be discharged into coastal
waters.
(4) Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
(5) If turbid conditions are generated during construction a silt curtain will be. utilized
to control turbidity.
(6) Floating booms will be used to contain debris discharged into coastal waters
and any debris discharged will be removed as soon as possible but no later
than the end of each day.
(7) Non -buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss.
(6) All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
(9) The applicant shall provide adequate disposal facilities for solid waste, including
excess concrete, produced during demolition or construction.
(10)Debris shall be disposed of at a legal disposal site or recycled at a recycling
facility. If the disposal site is located in the coastal zone, a coastal development
permit or an amendment to this permit shall be required before disposal can
take place unless the Executive Director determines that no amendment or new
permit is. legally required.
(11)Ail stock piles and construction materials shall be covered, enclosed on all
sides, shall be located as far away as possible from drain inlets and any
waterway, and shall not be stored. in contact with the soil.
(12)Machinery and equipment shall be maintained and washed in confined areas
specifically designed to control runoff. Thinners or solvents shall not be
discharged into sanitary or storm sewer systems.
5-12-029(Shea)
Administrative Permit
Page 5 of 7
(13)The discharge of any hazardous materials into any receiving waters shall. be
prohibited.
(14)Spill prevention and control measures shall be implemented to ensure the
proper handling and storage of petroleum products and other construction
materials. Measures shall include a designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent any spillage
of gasoline or related petroleum products or contact with runoff. The area shall
be located as far away from the receiving waters and storm drain inlets as
possible.
(15)Best Management Practices (BMPs) and Good Housekeeping Practices
(GHPs) designed to prevent spillage and/or runoff of demolition or construction -
related materials, and to contain sediment or contaminants associated with
demolition or construction activity, shall be implemented prior to the on -set of
such activity
(16)AII BMPs shall be maintained in a functional condition throughout the duration
of construction activity.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing
of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects
water quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the
discharge of soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that
results in the removal of paint from boat hulls shall be prohibited. Only
detergents and cleaning components that are designated by the
manufacturer as phosphate -free and biodegradable shall be used, and the.
amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water, absorbent
materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene
and mineral spirits will be disposed of in a proper manner and will not at any
time be disposed of in the water or gutter.
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and, under the engine to prevent oil and fuel
5-12-029(Shea)
Administrative Permit
Page 6 of 7
discharges. Oil absorbent materials shall be examined at least once a year
and replaced as necessary. Used oil absorbents are hazardous waste in
California. Used oil absorbents must therefore be disposed in accordance
with hazardous waste disposal regulations. The boaters will regularly.
inspect and maintain engines, seals, gaskets, lines and hoses in order to
prevent oil and fuel spills. The use of soaps that can be discharged by bilge
pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of engine
fuels, lubricants or other liquid materials), the boaters will use a bilge pump -
out facility or steam cleaning services that recover and properly dispose or
recycle all contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge. .
pumps.
Eelgrass Survey
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosters
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to.the beginning of construction and shall be valid until the next period of
active growth. The survey shall be.prepared in full compliance with the "Southern
California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be prepared
in consultation with the California Department of Fish and Game. The applicant
shall submit the eelgrass survey.for the review and approval of the Executive
Director within five (5) business days of completion of each eelgrass survey and in
any event no later than fifteen (15) business days prior to commencement of any
development. If the eelgrass survey identifies any eelgrass within the project area
which would be impacted by the proposed project, the development shall require an
amendment to this permit from the Coastal Commission or a new coastal
development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project
area by the survey required in subsection A of this condition above, within one
month after the conclusion of construction, the applicant shall survey the project site
to determine if any eelgrass was adversely impacted. The survey shall be. prepared
in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision
8 (except as modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California
Department of Fish and Game. The applicant shall submit the post -construction
eelgrass survey for the review and approval of the Executive Director within thirty
(30) days after completion of the survey. If any eelgrass has been impacted, the
applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at
another location, in accordance with the Southern California Eelgrass Mitigation
Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1
(mitigation: impact). The exceptions to the required. 1.2:1 mitigation ratio found
within SCEMP shall not apply. Implementation of mitigation shall require an
amendment to this permit or a new coastal development permit unless .the
Executive Director determines that no amendment or new permit is required.
uar tar Late LG: [I 747b.71at L"G bWlt' IbLlh'ULII:KI'It=N HAUL b1/g1
6-12•029(Shea)
Administrative permit
Page 7 of 7
3. Pre -construction Caulerp 7axifolia Survey;
4.
A. Not earlier than 90 days nor later than 30 days prior tb commencement or
re-oommeneement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a iurvey of the project area and
a buffer area at least 10 meters beyond the project area to determine the presence
of the invasive alga Caulerpa taxlfolia, .The survey shall include a visual
examination of the substrate.
0. The survey protocol shall be prepared in consultation;with the Regional Water
Quality Control Board, the California Department of Fish and Game, and the
National Marine Fisheries Service,
C. Within five (S) business days of completion of the aurvey, the applicant *hail submit
the survey:
(1) for the review and approval of the Executive Director, and
(2j to the 3urvoiliance Sub*ommittee of the Southern California Caulerpa Action
Team (SGCAT). The SCCAT Surveillance Subcommittee may be contacted
through William Punokas, California Department of Fish & Game
(8581467-4218) or Robert Hoffman, National Marine Fisheries Service
(562/960.4048), ortheir successors.
D. If Caulerpa taxitolla is found within the.project or buffer areas, the applicant shall
.not proceed with the project until 1) the applicant provides evidence to the
Executive Director that all C. taxNolla discovered within the project and buffer area
has been eliminated in a manner that complies with ail applicable governmental
approval requiromonte, inducing but not limited to those of the California Coastal
Act, or 2) the applicant has revised the project to avoid any contact with C. taxlfolia,
No revisions to the project shall occur without a Coastal Commission approved
amendment to this coastal developmentpennit unless the Executive Director
determines that no amendment is legally required.
Public Rights
The Coastal Commission's approval of this permit shall not constitute a waiver of any pubiic
rights that exist or may exist on the property, The permittee shall not use this permit as
evidence of a waiver of any public rights that may exist on the property.
IIWe acknowledge that I/we have received a copy of this permit ar>Ki have accepted its contents
includi all conditions.
Applicant's Signature Data Jr sign J-7—:
0,516(02-
2012-03-19 09:27 9496313122 page 1
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- - Remove and replace existing dock system.
-r- PAGE__.OF-Z—
Replace with 2 new 14" square piles and -
2 new 7, .,T„ piles. _..._`-__--..... _- --
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BUILDERS, INC. PLAN V I BN
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FiRICffFlT'S (qrp yl JOB .2 FAV a Uri ATE 12-20.2—D-1-11
Joel.-
DOCK & PIER BUILDERS, INC,
2027 PLACENTIA AVENUE COSTA MESA, CA 92627
(949.) 631-3121 PHONE (949) 631-3122 FAX
EMAIL: jaCqLielyn. hunqQsbcglob�11.net
S5�ww.swiftsliipdocks.qom
27 December 2011
maro.Prown
Calif* nia Regional Water Quality Control Board
V3 11'Toin.$tteat
Suite 600
Riveritcle, CA 92501,
Re: , Boat Dock & Pile Replacement
Dear. Pir. grown:
We a?..e acting as agents for the applicant fisted below, This is notification that we intano to replace the
boat dock and pile at the- address rafierenced below. It is our intention to.comply with all Regional
avatar duality Control Board requirements, We will not discharge vessel waste of any kind or
adversely impact water quality at this location,
1. Applicant Name
2'. ProjectAcldress;
1 an(
Applic Phone,-
Applicant
4, Parcel Number
5':
Scope of Work;
6: Latitude/Longitude:
7, Applicable pees:
8, Statement:
9.1 Statement
Peter and Carolyn Shea
2009 East Bay Avenue
Balboar, CA 92661
949.6 15.6'166
04$-240-12
Remove and replace existing floating dock, pier, and
Gangway, Remove existing Piles (8 -.120 aquarO) and
replace with ,2, - 14" square guide pile and2'-Y 7''T" pile,
N31360761, W117.52491'2
Enclosed is a check for the application fee.
This notice is being submitted according to Regional
Board General Certification for sheet and dock pile
replacement, issued on September 29, 2005,
The information in this notice is complete and accurate.
Pleasol, contact our office if you should have any questions.
Very truly
PIER BUILDERS-, INC,
RARBOR RESOURCES DIVISION
929 Harbor Island Drive
Newport Beach, CA 92660
(949) (5.44-3034 / Fax (949) 7230589
Sped -Al Conditions
January 1:2; ,2:0'1.2
Property Address: 2009 E. Bay Ave.
With reference to the plans currently under consideration
reconfigure or modify the dock system or bulkhead, the
effect:
at the above referenced address to
following conditions will now be in
I The project proponent Is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newpoit Beach Municipal Code. The project proponent understands that the
above referenced structures) is under the purview of these Policies and Codes.
2.. Any future work o ' h the above mentioned structures) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work. considered to be
cosmetic in nature does not require a permit.
The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications- or alterations to the dock system
and/or bulkhead may req.uire new conditions which may override er change these conditions.
These conditions supersede: 8 1
,per de all pest. conditionassociated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plarits; efc—ore, not permitted,
5. In accordance with Municipal Code 10.08:030 X the project proponent shall obtain the
proper., permits for equipment anti materials storage, "Except as otherwise provided in this
section, no, person she!l use any public street, sidewalk, alley or parkway or other public
property ler the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose, B. Public streets,, sidewalks, adleys,. or parkways maybe used
for the purpose of sellir.ig, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following, cases; ...For the temporary storage of construction
equipment or materialPTOvided a permit is issued pursuant to Chapter 12,02 of this. Code and
the storage is consistent with provisions of the Uniform Building Code.."
6, The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page I of 2
FROM C, SHE...._ PHONE I*10. Apr,. 09 2012 10:30AN P1
g, In accordance with Municipal 006e-In.28,040 lfie followainginoise regulations apply: "A.
Weekdays end Saturdays. No peYson that, white engiaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any ether Ielated building petivity, operate any tnoi,
equipment or machine in a mender which produces laud nolse the'[ disturbs, or could disturb, a
person of normal sensitivity who worke or residos lin the vicinity, on any weekday PXciapt
between the hours of seven a.m, and SIX -thirty p.m,, inor on any Saturday except between the
hour's of eight a:rn. and six p;m. 9, Sundays and Holidays. No pawn shall, while angaoed In
construction, remodeling, digging, grading, demolltiod, painting, plastering or any other related
building antiv(ty, operato any tool, equipment or moChim in a mannor which produces laud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in ttie
vloiriity,'on any Sunday or any federal' hclldaY."
B. Your side property lines extond In the water along their s`;ame bearing. Vassals shWI
not encroach• upon the neigPobQes, property on eittlor aide,
9. Vessets may not extend beyond the end of than fingers by more than tho width of its
beam.
poop 2 df
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH
as required for permit application to the South Coast Regional Commission pursuant to
California Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove and replace docks stem
like for like. Remove and replace 2-14" square pile. R/R 2-7'"T" pile.
Address number must be stenciled on at least 1 bayward facing pile.
vier conaitions must be signed by applicant prior to final approval.
IProperty Address: 2009 E. Bay Ave.
Legal Description:
Harbor Permit Number: 109-2009
Plan Check Number: 0026-2012
Applicant: Peter Shea
Applicant's Mailing Address: 2009 E. Bay Ave., Newport Beach CA 92661
Phone Number: 949-631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and .intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
* They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
' Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Walters, Harbor Resources
January 12, 2012
Attachments:
Worksheet for Building.Permit Application
Drawing
Pier Conditions
Page 2 of 2
Worksheet for Building Combo Permit .Application EW
City of Newport Beach - Building Department ;'R
Please print 3 copies 9t `q OU & ;
ilBuilding ( Grading r ,Drainage i Flet F7Mech um
e
1. Project Address (Not mailing address)
_ I or uite No
Tenant Name(if Applicable) #Units (if Residential)
..Y...............................................................
Z. [Description of Workr
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Valuation $
Exist House SF Demo House SF—�77Add/Reconstruct House SF
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF #Stories
TOTAL HOUSE SIF Cu Yd Cut
New �-`" Add �` Alter (—`Demo �-
TOTAL GARAGE SF Cu Yd Fill
Check Appropriate Box for Aeplicant
( 3. Owner's Name Last AA, FirstMW
)
A hitect/Dwt0y)
reNs
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City n State
45. Engineer's Name Last
Engineer's Address.
1. 11-10 _
GityY IIWO) . State®,
(`i 6. Contractor's Name Lastl
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Rev 1/18/07 ELEC/MECH/PLUM P/C
A"tecUDesigner's E-mail Address
Zip .... Telephone ].O
Engin er's E-mail Address
Zip TelephoneF7777
First Lic. No.T7q7t6lass
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Contractor's E-mail Address
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PLAN CHECK NO. Q0
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Dock and Pier Builders, Inc.
Contractor's License 797052 A
www.swiftslipdocks.com
2027 Placentia Avenue - Costa Mesa, CA 92627
Telephone (949) 631-3121- Fax (949) 631-3122
Re: Peter and Carolyn Shea
2009 East Bay Avenue
Balboa, California 92661
Drawing #I — Existing 686 sq It floating dock.
Drawing #2 — Proposed 684 sq ft floating dock.
Remove and replace entire floating dock, pier, and gangway including pilings
FLOATING DOCK
2 — 14" square pre -stressed concrete guide pile
Super float flotation pontoons
4 X 8 laminated Douglas Fir framing
I x 6 Pau Lope Brazilian hardwood decking attached with stainless steel screws
PIER
2 — 7' wide precise pre -stressed "T" pile
6 X 12 piling sills
2 X 10joists
Deck to match floating dock
GANGWAY
3' X 24' gangway
2 X 12 stringers
Heavy duty hinge and axle wheel combination
Pau Lope decking
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Jacquelyn Chung
From: Pete Swift [pete.swiftslip@sbcglobal.net]
Sent: Thursday, December 15, 2011 10:40 AM
To: jacquelyn.chung@sbcglobal.net
IF, WOR DIVE WORKS
ksa
Nookr 429-0 Shoreline Village Drive
Long Beach, CA 90802
Date of Preliminary Survey : October 2, 2011
Swift Slips
2027 Placentia Avenue
Costa Mesa, CA 92627
(949)759-0773
Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey
2009 E. Bay, Newport Beach
Attached are the Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey Report
for the above-mentioned address.
No Eelgrass patches were observed in subject area noted above, however, a small patch was located at the edge
of the property moving westward.
No Caulerpa Taxifolia was observed in subject area noted above.
It is recommended to monitor for new growth over the next two years on annual basis. Permitting agencies
will advise on the need for these surveys.
This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy
(SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This
policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain
for marine life to reproduce. This survey's assist development projects by contractors like you to conduct
activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling
the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine
ecosystems, which in turn, protects our ocean resources.
Thank you. If you have any questions please feel free to contact us.
Respectfully,
ks�az u�_a
DiveWork@gmall.com
(949) 759-0773
F WOkk,
SG
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
Caroline Shay
Residence
2009 E. Bay
Newport Beach, California
Swift Slips
Dock & Pier Builders, Inc.
Costa Mesa, California
Preliminary Eelgrass Survey
Report Prepared
October 2, 2011 by
Dive Works
Robert Wiegand
Survey assistance by
Sean
Donovan
(949)759-0773
�`�F WORks DIVE WORKS
G,
429-0 Shoreline Village Drive (949) 759-0773
Long Beach, CA 90802
Current Situation - Preliminary
The homeowner at 2009 E. Bay, Newport Beach did not change the configuration of existing dock,
which is a T-shape dock. Thus far, no alterations or improvements have been made.
This survey was conducted to determine presence or absence of Eelgrass and Caulerpa species.
Figure 1. Site Location : 2009 E. Bay, Newport Beach
(S)
Survey Method
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
(949)759-0773
Survey conducted October 2, 2011 beginning at 1305 hr approximately N Lat 33.355999° - W Long
117.530927°. Day was fair, sunny with a few clouds with temperatures in the high 70°s F. Water was 67°
F. Depth ranged from seawall approximately 3' feet to approximately 12 feet just past end of dock.
Visibility was 1-8' feet.
Survey area delineated spanning —75 ft to —80 ft to cover all shade and impact areas of the existing dock.
Survey conducted with divers spaced 1-3 ft apart perpendicular to shoreline, covering the entire area to ensure
>75% coverage of bay floor.
Survey Findings
No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed within
the property, however, a small patch begins at the NW corner of the property and continues in a NW direction
(see Figure 2).
Fauna observed included schools of juvenile fish. Visibility was decent, and the current was strong. The
water depth ranged from 3 feet at the sea wall to 17 feet at end of dock.
Figure 2. Eelgrass survey: 2009 E. Bay, Newport Beach CA
1',NJ E WOkks.
<r
Discussion
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
(949)759-0773
Eelgrass (Zostera marina) was not observed throughout the area from beginning of dock nearest sea
wall to about 8 feet beyond the end of dock. There was no eelgrass under the dock or forward from
the shore from beginning of dock on either side up to about 6 feet away from dock (see Figures
3,4). The observed Eelgrass was located on the opposite end of the property (NW), approximately 30 ft
from the dock (NE).
It is suggested that two years of annual monitoring be planned in accordance with the Southern
California Eelgrass Mitigation Policy (SCEMP) Section 2, 'Boat Docks and Related Structures" and
other permit conditions, to assess the full impact of the project and guide any future mitigation as
necessary.
The two annual monitoring surveys would be conducted during the time period of August to October
and will document the changes in the eelgrass patch (area[ extent and density) in the vicinity of the
project area. The pre -construction survey can serve as the baseline for which these two annual post -
construction surveys will be compared against. Any impacts determined by these monitoring surveys
should then be mitigated as dictated by permits and the SCEMP. Any already agreed upon impact
minimization/avoidance plans as well as mitigation plans should take precedent to these suggestions
as appropriate.
Figure 3. Eelgrass survey: 2009 E. Bay, Newport Beach CA
M
F wok k
� S
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
Figure 4. Eelgrass survey: 2009 E. Bay, Newport Beach CA
(949)759-0773
I
(Q��� WORkS
s
r •i,
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
Caulerpa Survey Reporting Form
(949)759-0773
This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are
required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or
Regional water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in any potential impacts of
the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized
permittee to ensure that survey work is following the latest protocols. For further information on these protocols,
contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department
of Fish & Game, 858-467-4218.
Required Information
Specific Location Name:
2009 E. Bay
(address or common reference)
Newport Beach CA
Report Date:
October 2, 2011
Name of bay, estuary, lagoon, channel, or
Newport Harbor
harbor
Permit Reference:
(ACOE Permit No., CCC Permit No.)
Site Coordinates:
N 33.3559990 Lat
(UTM, Lat./Long., datum, accuracy level, attach
W 117.530927° Long
electronic survey area map if possible)
Personnel Conducting Survey
Robert Wiegand
(if other than above) : (name, phone, e-mail)
Sean Donovan
Is this the first or second survey for this
Preliminary
project?
Was Caulerpa Detected?:
(if Caulerpa is found, please immediately
contact NOAA Fisheries or CDFG
No Coulpera was found at this site.
personnel identified above).
Description of Permitted Work:
n/a
(describe briefly the work to be conducted
at this site under the permits identified
above)
Description of Site:
Depth Range:
3-17'
F WORk DIVE WORKS
SG
429-0 Shoreline Village Drive (gqg) 759-0773
Long Beach, CA 90802
(describe the physical and biological
Substrate Type:
Bottom is sediment of sand
conditions within the survey area at the time
and heavy silt cover
of the survey and provide insight into
Temperature:
Air 780 Water 670
variability, if known. Please provide units
for all numerical information).
Salinity:
brackish
Dominant Flora:
Eelgrass
Doninant Fauna:
Small fish, muscles
Exotic species
None encountered
encountered
(including any
other Caulerpa
species):
Othersite
None noted
description notes.
Description of Survey Effort: (please
Survey date and
October 2, 2011
describe the surveys conducted including
time period.-
eriod:type
typeof survey (SCUBA, remote video, etc.)
1305 hr
and survey methods employed, date of
work, and survey density (estimated
Horizontal
visibility in water.'
1-8'
percentage of the bottom actually viewed).
Describe any limitations encountered during
Survey type and
SCUBA
the survey efforts.
methods:
Survey
Robert Wiegand,
personnel:
Sean Donovan
Survey Density:
> 75% area surveyed
Survey
None
Limitations:
Other Information: (use this space to
provide any additional information or
references to attached materials such as
maps, reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
Eelgrass Survey Reporting Form
(949)759-0773
This form is required to be submitted for any surveys conducted for Eelgrass located in Naples Island Long Beach, which is
required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of
Engineers and the Coastal Commission and required for review by City of Long Beach Marine Bureau and Planning
Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to modification through
publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey
work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National
Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This
survey was conducted on March 16, 2011 and is valid for (90) ninety days from date of survey. For information regarding
this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773.
Required Information
Site Name:
2009 E. Bay
Newport Beach CA
Survey Contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmaii.com
Permit Reference:
(ACOE Permit No., CCC Permit No.)
Name of bay, estuary, lagoon, channel, or
Newport Harbor
harbor
Specific Location:
N 33.355999° Lat
(UTM, Lat./Long., datum, accuracy level, attach
W 117.530927° Long
electronic survey area map if possible)
Was Eelgrass Detected:
Yes, Eelgrass was found near this site.
❑EELGRASS WITHIN 15-30'OF PROJECT
Description of Permitted Work:
n/a
(describe briefly the work to be conducted at the
site under the permits identified above)
Description of Site:
Depth range:
3 to 17 feet
(describe the physical and
biological conditions within
the survey area at the time
DIVE WORKS
429-0 Shoreline Village Drive
Long Beach, CA 90802
(949)759-0773
of the survey and provide
insight into variability, if
known. Please provide
units for all numerical
information).
Substrate type:
Sediment, sand, dirt
Temperature:
670
Salinity:
brackish
Dominant flora:
None
Dominant fauna:
Mussels, fish
Exotic species
None
encountered
Other site description
None
notes:
Description of Survey
Survey date and time
Survey conducted using SCUBA and
Effort: (please describe
period:
camera.
the surveys conducted
including type of survey
DATE: October 2,
(SCUBA, remote video,
2011
etc.) and survey methods
TIME : 1305 hr
employed, date of work,
and survey density
(estimated percentage of
the bottom actually
viewed). Describe any
limitations encountered
during the survey efforts.
Horizontal visibility in
1-8'
water:
Survey type and
SCUBA
methods:
Survey Personnel:
Robert Wiegand
Sean Donovan
Survey density:
>75% area surveyed
Survey limitations:
None
Other Information: (use
this space to provide any
additional information or
references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (April 2009)
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
January 12, 2012
Property Address: 2009 E. Bay Ave.
With reference to the plans currently under consideration at the above referenced address to
reconfigure or modify the dock system or bulkhead, the following conditions will now be in
effect:
1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newport Beach Municipal Code. The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code.
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 of 2
�. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the
hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday."
8. Your side property lines extend in the water along their same bearing. Vessels shall
not encroach upon the neighbor's property on either side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its
beam.
Lisa Walters, Harbor Resources Date
Applicant Signature
Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
4
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OF CALIFORNIA—THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADWAY, STE. 380
P.O. BOX 1450
LONG BEACH, CA 908024416
(213) 5905071
iRECEdvtr, LA
PETE WILSON, Governor
rITY OF NEWPORT BEACH
IPPR 2 21992 Page 1 of 2
AM pM Date: 4-15-92
71819110111021IIw131 A6 Permit No. 5-91-833
COASTAL DEVELOPMENT PERMIT
On _April 09, 1992 , the California Coastal Commission granted to
this permit subject to the attached Standard and Special c
development consisting of:
ons, for
Replacement of an existing retaining wall with a concrete bulkhead on a bayfront,
residential lot. The proposed bulkhead will be landward of the U.S. Bulkhead line.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in
County at
Issued on behalf of the California Coastal Commission by Aril 09,_1992.
PETER DOUGLAS
Executive Director
By CL
Title: Staf Analyst
ACKNOWLEDGMENT
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 ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal,
Admin. Code Section 13158(a).
Da Le
A6: 4/88
Signature of Permittee_,.._____
r
COASTAL DEVELOPMENT PERMIT
Page 2 of 2
Permit No. 5-91-833
STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has riot 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
mage priur '%o the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as 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. Inspections. The Commission staff shall be allowed to inspect the site and
the project during its development, subject to 24-hour advance notice.
6. 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:
None.
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ADDRESS
APPROVED By
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ENOR
COUNCIL El
DEPT
ESCROW El
INSPECTION
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CONDITIONS:
ADDRESS OF PROPOSED FACILITY
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APPLICATION IS NEREBV MADE FOR A HARBOP PERMIT A l
CONSTRUCT/1SCSIC A Sl k Ill
�
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
BY Shellmaker Inc • COMPANY INY
DATED 8/20/91
DATE
SIGNATURE • -� Ca ` �'
1
CITY OF NEWPORT BEACH. CALIF. W%FORM 681010
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PERMli NO. ;t 00q
DREDGING APPLICATION
Project Location: Lot 7, Block 756 (2009 E. bay Front Balboa CA)
Cubic Yards to be Dr6dged: 167
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Pump up onto adjacent beach
Method of Material Disposition: See above
Turbidity Control Method: Material to be contained with turbility
Effect of dredging on contiguous bulkheading and beaches None negative.
I, Lnrenzo C. Miller , 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.
Peter 0. Shea S.E.A. CONSTRUCORS
(Applicant -type name Contractor -type name)
January 10 1991 Signed:�
(Date) Cont ctor's
Representative
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RMICS h Q. ra 3'-i i '<i ..
ANA) THIS
IN ACC0RI)fi',NCi5-
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DREDGING APPLICATION
Project Location:
Cubic Yards to be Dredged: 26'0 v
Method of Dredging R�ATa„its e„n ti nn
Nature of Dredged Material:_sand/Qi9t
Disposition of Dredged Material: nt o_t„P t"a"sDa"t to }7AAc� �A�lamation
ATAA_
Method of Material D=spasition: pipeline transport
Turbidity Control Method: R=;„� iianLa�.+a naj�rit**
Effect of
dredging
on contiguous bulkheadinc and
beaches
Reinforce/protect
bulkhead -restore sand to derlated
'Leach
I, Nark Sites , hereby state that I have reed the U. S. nr.z
(print name) y
Corps of Engineers permit for maintenance dredging in Newzort Harbor, tt:e
City of Newport Beach and Orange Ccunty Harbors,8eaches and Parks District
(if applicable) pez.- t for maintenance dredging and that I acoep-_ ail the
provisions therein. Additionally I guarantee that the precosed dreda;nc
will not occur because of any altering of existing use of the affected
zone.
Peter 0. Shea Tntt�annaatal Pr origin
(Applicant -type name) (Contractor-tvpe Hama)
8-14-87
(Date)
Signed:
ontractor s
a='�
Representative
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IN ACCORDANCE WIT00 TITLE Y THE IOU"" IAL CODF,
CITY
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SPECIAL CONDITIONS:
Coifps Of Engineers Permit
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CITY OF NEWPORT BEACH
lmlqk-1-1i
e'F_RMISSION IS HERFBY GRANTED TO CONSTRUCT AMC
MAINTAIN THE FACILITY SHOWN ON THE REY5_HSE HEREOF',
.AT THE SITE INDICATED, SUCJECT TO TH, PPOViSIONS OI
THE HARBOR PERMIT POLICIES OF NFVJP0R.T REACH AN(.
ANY SPECIAL CONDITIONS L?STED HErxFCIN. THIS PERMI
IS NOT TRANSFERABLE VJ:T"OUT THE NNRA"FEN CONSENT O
THE CITY HARBOR COOR55t,ATOR Oil C,ST'i CCUNCIL.. TH
RIGHTS GIVEN UNDER Y'HH; PERMIT ARE e, �.ii P^,'<i3,`iP �f f. ONL
AND THIS PERMIT MAY FIE RF'VOKED BY 1'HE C1'1 COIINCI?
IN ACCORDANCE WITH TIT
LE
177 OF THE tt'iL Pd h.C'-:'i*'ihi CODE.
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PERMIT NO
SPECIAL CONDITIONS:
C6rps Of Engineers Permit
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Other Cb" du -, 5 -1 7 - 9-3
PEPmrr IssuED su[3JECT To
11 113E P.9ATFRIAL WgNr.
HAULED
PL ;IT NO, 00
DREDGING APPLICATION
Project Location: 2009 E. Balboa Blvd.
Cubic Yards to be Dredged: 2.20
Method Of Dredging: $ydr�anlir• gnnt.inn
Nature of Dredged Material: Sand/silt
Disposition of Dredged Material:_RLpaji*na trananort to each reclaimation
Method of Material Disposition: _pipeline transport
Turbidity Control Method: Re UaZ 7i an, harpy ural Dej ty/tUrhI di ty
Effect of dredging on contiguous bulkheading and beaches
Reinforce/protect bulkhead -restore sand to depleted beach
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.
fl Shea
App scant -type name)
(Date)
n a a t a l llr_e,d& i ng
Contractor -type name)
_
Signed. -
Contractor's
Representative
/0 f - _x,00, 1
MARINE DEPARTMENT
December 19, 1977 ITEM NO.: H-10
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 109-2009,
114-350, 140-16 FOR MAINTENANCE DREDGING AND
BEACH RESTORATION
Recommendation
If desired, approve the maintenance dredging applications.
Discussion
The application requires City Council approval under the con-
ditions 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 location and applicant for the proposed dredging and beach
restoration are:
109-2009 Peter Shea, 2000 E. Balboa Blvd.
114-350 Allen O'Brien, 350 Buena Vista
140-16 John Porter, 16 Harbor Island
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.
The projects will aide in the restoration of a beach bayward of
private residences.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT,
Glen E. Welden
Tidelands Administrator
GEW:nn
PERMIT NO.^.A,
DREDGING APPLICATION
Project Location: 2009 East Say Front
Cubic Yards to be Dredged: 162
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 disposal
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
Ir 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
Peter Shea
Tapp scant -type name
11/22/77
(Date
Shellmaker, Inc.
(Contractor -type name)
1
Signed: �.
Contractor's
Representative
CITY OF NEWPORT BEACH HARBOR APPLICATION N0122.-2491
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