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Home My WebLink AboutM2012-0012 (2)4��gNT OpdAA W4 _ IIffII _ � Pm 2»MiH00•P 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 ral CITY OF N1D CITY OF MWORT GMM ��IFTC oC£RN YICIN_ LTYIM NNW IV. mnam PL4'�p L/hE' •FRM'O 4,vu �/ I'r '�7 y�q PLt� IAownw"� Newpocx'� My n. _o' 4 c Or SAW=Ii t PROP I LE t4IF5 'r jig rAsr JETiY � ME m IN Ffg7 F;1d1 )E7V5TE fR6 OFI LOt'ER LOW RM. HARBOR RESOURCES CITY OF NEWPORT BE EEL U °,,,Its +E&ION 4JEelgrass wuliir, its of project elgrass withn i 15 - 80' of project prole •t area pi sl o�� — - - .;.. .. 1 c {or Time 1...:_.--.. eun oexs, rNc, r'T PLAN Y I �N ttPPLlcf�rr's t Q (%YD rl � aos 2 My , uci tr 12. 2I 2p l Applicant: PeterSnea I File Number: SPL -2012 -00063 -SME Date: 07/06/2012 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 , r LIZ °a m� 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 COPYRIGHT 1995 7&Xl"-9 .. Am —,— ' L a r< -� 0 4 �r*rT 4fn @ < ate )!t is /RSA .j� g? �� y e � � . m �^ Del. p`A} � +I •" g � f i 11 ------------ Fe�ww 6.C4 W °- [•� ._ k 'n/ m- Not �. j ti. � ye'Now ry - COASTAL C MISSION EXHIBIT # PAGE OF CITY OF NEWPORT BERC-711 TY NEHCI T OF (% 3C Ae'DG/AkF_ PRry'D LlvG NEii ,,/lP('ER A--� rr f%T O yp --1 Ivim 14 BRY DDCK'-, _uA -� ti �BR pRCIp IC a�EAN > 1` L- /ST. a ITOng I, a jig \� PROF I Lt NTS i jig JEM VICINITY MRPr oParr arc, wuaam JEM,SOiMAGS Ftp 9149tb IN FEET FM M40TE _ ELEuFTIONS BFISED :Otf I 1 LOWFR LOW HIM. t i i i HARBOR RESOURCES CITY OF NEWPORT BEA _ CpNferni„ Coastal (�itmaSStQu - -- Soulu CGrst D.strict Of iP.. J /y p e� - ... .. —:. Permit Na .... ..., �.. L By _ ` -- 7. COASTAL COMMISSION EF Ecr.vs 3 = v tz ------ 1 _ SCONE. WORK• -r � �" EXHIBIT # _ - - Remove and replace existing dock system. -r- PAGE__.OF-Z— Replace with 2 new 14" square piles and - 2 new 7, .,T„ piles. _..._`-__--..... _- -- 3--- "� - = EEL Gir ASS WSPECTION I— ,Uelgrass within 15' of project 4Y 1�T T elgrass within 15 - 30' of project . NL41J (py�j b8Ho9 proje 4 area /�iNa 4e�ra tj Signa ,r rt i !n pection Date &Time ------- ... DOCK & PIER r BUILDERS, INC. PLAN V I BN ..'i---'---'-'- 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 1 ---- _ — T 1 w— r Use F i tl.W?2 y 711rv... DI!. !!n,l.. V.F!_ r129_ v v2vvC77..FtI 1 !...r if!'.. I.... rv! . tIKT! 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 `�..... I .: .......... 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 ... Contractor's E-mail Address (� �n,.. U ..... .........•yIG Zip Telephone.... ..._ .�..L:....I�I JAN 0 5 20' ERMIT NO. ?? n 0 L PLAN CHECK NO. Q0 r'i ,'J ��P• n r n ��JRT BI„ACF; __ PLAN CHECK FEE $ ti" -7 r CITY OF NEP CITY OF NEWPORT BEACH Vifil "RCI-rIC OCERN VICINITY MRP J I BERCH E 'C" of�,AZ.Ae'0 4./Af- , a LW& OPORT BRY r2kY I"qq 1?11�0 �N�vJ ISI WMT PROF I Le tqT5 JErrY EXW 1ET1Y SOUNDINGS ARE EXPREM IN FEET FM DENOTE EMI06 3%0 ON MM LONER LOW RMU. J. J— i---- .... ........ .. .. ........ .. . 4 - ---------- - . ..... .�-J--SCOPE OF WORK: tt 1 --Remove and replace existing dock system.-;- -Replace with 2 new 14" square piles and 10 2 new 7"'T" piles. .... .. .. .. . . . .. -3 T ..... ...00'g 0 ION EEL GRA INMIMCT big r�l' , i�"� ill 151 of Pm1ect ... ... .. . .... 4 g�. Zky blgfass mthin 45 5v of prow Ig 11n, INKM .. aTa .. . ...... . 4 . . ........ ... . ... .... L-+- A Tlvv . Mf*ZXXTE;i DOCK L-4- .... .. BUILDERS, INC. .... ....... .... ...... . . ....... ... PIAN Vily KOA i JoB mas D(A Mv Avpm Of/ I mm 17 - 21. ZD I I pro� i Oct. .__ o. oe _ no'". Fq Ji✓ � v VICINITY SKETCH arrrr NIMMAr *AY CAi 1/Nrd.A fM� w Soundnys o.. .w^.tatN w. lr/- one, d«.olo 7,Yk l;e {l, 61Ju. c/a Gli" d�ALI KOO icc WPORT olym NfmWPUT U ACR: a 'NeW paJa s 0 I � T 7W A r 34 ci'c Y i a.i ore oaYo//is1.o�.w �rJti.s . rliM oorovo ,~,j ry r BAY . 44, �i.:tfwl 5foiti I 40.4ew. . 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 i i I I 3 I I � kvj 'e A 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 i a v V A In t � W � yy _ ryq Y I - j%I �1 • raeassaiy/ V� W o � w!6 Mgrs f To � raaPM rl •i,�a�.o.__ 1 I{ I 11 it MIgO �� i 'd.T �• ®c B c�rw x.20 s�s� E i VICIMaTY SKETCH Cas tre��u. I L fL(asci Yu.I N� Soan ywys aro �aaaN /w dosd on® dry/tea ♦•/ow/ Mpy LsaN®/ L®ev h!6ssSsn otw+odo ' Moowveasw f,11 /Z S'a n;*._G;T o/evtrloi//'g�bs�sa /A!-Qdae/y b-vo , o Morbv /.)r®S y. EL �P�o� i e EKY >o . jeco"Oom .. f aor vaw,.d fiT NEWPi4T NLAL CA 820 - 14. /Vl i � Ff rot n �� . 1 iI �s.i{: f �6aa I c 1 � iyca 7 -RA Ir sG �oa9 E. 4.4V AAle. c.c..M,1kf— 0.4rf. 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. 4371E MV/lm and WE All We and o sakyjaywo 901401 cc i.. N %w an wQ SMOS, waw v0plum'd 4,45 Zoe Alarpno AV: Am A �s P.2 2 NAME inea , 1 ADDRESS APPROVED By OCHD ❑ ENOR COUNCIL El DEPT ESCROW El INSPECTION v CONDITIONS: ADDRESS OF PROPOSED FACILITY M tips �� ti� 1348 7q 4Q44 I AJ&%491 r 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 Cl T �S ° /Oe JCCT •� 'ITE leoos M � lR��.X/�G'20��Cy/O�NC, .....r :.. •"r `-- "' N ra 0 s..ecn f9.2 .d tl II �"i'latiever.� QUO u�•.. _r ire--i--r— �i,��' s,rtl •"' ` L=XlS7 ocePei . R r4 f4 MIIYiAq'Aease LNfiv rogr SAY, CALIIORNIA y— � srrrr Sn.n� ores p�!re rd ,n !ie/ and dio 1 -AO' d,,R/j.y below tijeon Lawor Low ✓a>"ar. M osv»ww ronya "/, 104W Harder /,i,e5 Orr. aalobllghad ,n ±hid.3NC400t d0rW4'W^w1 Bar. N&kvpooer Y u•s. przo�Ccr — _ —_ — — --- --- LING LWU L XIST, I ✓ r— 'G X1 ST Gk O1N CROW Ex Pitr L3.109 U. S_�ULKH[=at�, i T,e®pDy t: d I LXIST/NG G' Id p.�'r— I IpopOSGD /57"x 36"CGY✓C /"� Tlt? ,(`?DDS ANCHOR 13L -AI✓! {I I I rr�,�cr 7s Fl- rt c� S,y�A __�. or Lam. — rte, 1�"NGGLM✓1MCK JNC, AVL'_ Coesr�Aero+� L c.A?/tGC KOa C zo' YvYvyv,,,III oI i � �11II ter, ar2V 3; tMb...., —4r ��n FAL E p,nr sa/ bLLli�� ,'re i Aolwer ..r•n' w A U �. N e� 4� .a.�✓rr ��• e ..r ••••- R rQ G •�� D r..rs r•a.• " e- c ef�y 1 C•.I.yy N VICINITY SKETCH W~-wrr 3 �.,, Nsa.eeer 6AIY CAL 1/NN,A "rr Souooe,nrs ore erpeesed in !Le/ and de .ole - old/ Ado a blow Mrro.i tawe, [r,r I.Qs/ei Mor..wvw Poore ofrroa,npi dy w Olb� ,yprbpr ore esfollfsMf w 70*;S . =ec/.M ovr va, , j 6a�: Alep '/°0Ar ,eAe - u•S. Oeo.TEc ixlei 1 ' � �i f�i n , � 1� I � �•�t�i� SIG,a kHty �Vlopusul 85 Iw.et; /�ETE/1 .S:VFiO zoo9 E. �.oY A✓� j e'L.r e - zcAcr' 7S6 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 Cl T Y oa- NEtirPO Pr -,.., -4cN l`J s Te o q I� J I cR Loo H.H.W t' My �.�.•+r �*.- . "' o st r p rn• ,o �� Vo P rift Soff+ it O C cle -v 3:1 Slope VICINITY SKETCH '/"•'rrrr . tl 1 Nr wpo Rr BAY CAL IrORNIA y/ , = ds"r $Oun dint/S or• e�,�rcrsad M fie/ Dnd d�nv/I oap lh5 be/ow Mcor Lower Low Wo fir. Morr.wuw range of /O reel. Har6or /,;7es D`'EAq gre e,�1ab/r'shed i' �h:s seclioq of Ns war/ Sar Ij _ r-1 111 4 I I l Groin. I I I I � /l7. Sa r I I D spas,, l 40,- 0,-For ---- --. _........ _....... ... 'Cop,Pr r'✓a Te --. .............. ...-'---- -- -................ Y..... .....-- Sro,le- Pe T er 756 �/ a D QESS • '� Easr / �ronT Cov;rTAcro,* d•,TE r W- PORT UsEACH PERMIT i3 IY' 5 0 PRFiMISIs9!tiN 117, F%P;RFty As'SE. VVIAINT ARNI $'NV VA' ..'S'L � AT THE azer a25'f:':r q.^d'r�} .. ... .... r THE 11� � i�� 9 i ANY Petr,-4WAa• 2V f� as NOT E. THE CITY RMICS h Q. ra 3'-i i '<i .. ANA) THIS IN ACC0RI)fi',NCi5- RA co"' e; 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 Cl 7 `Y /(/SWVO,Pr &,C. PaZc� J - e g N `y. N I JL44p D w l0 if^L' � I �6S Qe7 C � Cae.4e VICINITY JkFTCH Mfr�arrr u.r NfWPoq DAY, CA( IFOANIA 5ovr70'/ngs ore eXpio Bsed rn feef and d�nofe dep ihs be/ow <c'reorr flower Zow Wo fCr. Morl++(in rouge aF fide Horhor 1ii7e5 are eafob/r'shed r%r, dh1s.secfio,n of. ¢IdW Bob: ,/oe AoDQEss 2�c a1 /"e5,i [CawraAcroej�1zra vG_frloare T vs GIRAN'MLt AM M A iN M i,.: yy .. 3 AT THE G975 Wrliumm, suaoc� -re soM VWWWWAis 01 THE MARMOR PERO 17 MUCT11 01 W"WOM WW"; -1 AN2. ANY SPEWAL TINS PRRNj ilq!OT TPANSMAW! MiXIM07,11 bnn!Tnp 1AYMMIT 40". CITY HAISSR C 'ca� Zi MiGnTs clum uppEn long r1m .4 Om. AND THUE, PEFis•M iWAY PEV, u4x—i BY '�'Ncl- 01.�V CVUNCo-. IN ACCORDALME, M00- "MR.14, 1 Y.m Mly USA �,vv MAR M�4,vd�� /0 q- -zig ®q F&FUT"ll -ch --. - J � � .......... &-Br7 DATE PERP.2117 ISSUED SUET. ECT TO DREDGE MATERIAL BEING HAULE0TGSEA--,__ a 6v A.4- 76 SPECIAL TATMOMONS: Co,iqf-5 01 Erjpeerm Pfvmft /— >rr` max.. 9tw,t�i dAA C.r/2D/V O' t1 Co.r e e C iir•st I EX `"YIfNZ 1 I tI X rift II'•r•. I•tBwt _ .k f � �� Fq N VICINITY SKETCH rar/a1Tr; cw.r ..___..._.._.... NBWIOR 6AY CAL IVORMIA y Jury • - .fin ds 0. SOun d�nys ora expressed in feed and N.node dip Phs be/ow Areorr Loaner Gow Wox&^ Moxjw , ronye of fide opproxrnwdW/y /O'%w4. Horbor 4ices are esiob/rSAod iir 7,h;s . seeA,00 ofNewp," Bor. '6 .v f 96' ' I Imo...... �� _'..... .... -7WA e r S , GoT �u boa N" 8769Aep10 /� t•,'tY 3o'<nT G, L1c.9.vTs ; /EiE/< SyE.o Gor.• 7 %Acr,'7S6 ®,vmeAcra,s: sem, /C.�iss oarB:4 ze 8 ' � h HARBOR PUNFII IT PERMISSION IS HERF13Y ',,t-ANTiM' TO CONS'TRUCT ANC MAINTAIN TOTE FACILITY SHCIVv f3 ON 7qi - 0`.-V.'FRS£ HEREOF AT THE SITE If.DOCAV..D, TO T'il, S' :f,'ViS IONS W THE OIAIRI3QR C?C+ra'3:797 WOI.jcCe., r CbS ;i::1:'�`C;?': GEAMI AN' ANY SPEC -MI. 11l}:42i9;T0.'79 L.t;y':V Y:;[.'f'.L%:7, T:r'45 PF_F: Fdf' IFI NOT-IMAN.SFC:RAn'..'u jmir W".,; .... 1: w;SSF97' t'. THE CRT.; H°i `0' d:57°J i?':3 i': .`i i:•i'1 OF.. 5:.:'f'i ..''.i LINC:L. 'fi: l 'IW heli RIGHTS G:Ys"C� UYsdAci�. AND 70445 PFFMT 63AY Mi 'I.zSV:;t',F;> I'9"e TUZ: C':','!1' IN ACCORDANCE WIT00 TITLE Y THE IOU"" IAL CODF, CITY PO•lY/!.. I9 X60 ..a'....:.: •m..... .. _...:. E; ,I:4.Y :moi. CONS FRUC 110" Fli9I 87 SPECIAL CONDITIONS: Coifps Of Engineers Permit Orjnge County Paran6R Other I j C-hnbvE eyl.S7-��a --YCA &OA� 'Pzv 2GL ideCl %®� fid? S Co TY Nr.,Pyp er bEacy ITe c 75 p I� kr1.00 +5.3 P «err o?^ •req., p Q •^ oA D Q /� 4, .q Tr—rri �—T-r' x�2,0o M.L,L• ��o�_ N l SJo O I C"— 11 c cr t 51ape IV VICINITY SKETCH w•I�'«.? �,,; ��// PYQ 1 Cu. T I / Ie:r= y f Jfrrr I NrwpogF BAY CAL'FORN11ej Y0.r� , I t `o i0 So un drnys or/ e.rpressed rn fa/J and d/no 1,v dvp lXis below Alcon Lower Low Wo far: Alox,� ✓onye of /6." 'Opp ru x/Milia/Y l0 beef Horbor �iic5 D�ecl are cj1o61135ad /' fh%s secfo„ ay'N@wyorf Boy lo cwq L _ .fl .l n e L T Groin- I I'rot'n - /!7.8'0 I I —Oz,IKA. yO r �f.a:5e/rter7r Fir PM,`�s rC Roar✓ ' SCP.IE.� 11��0J -7 z3 1, zad caz.`�� L✓e�C+,�Qi Oi7k'ESS • Fa. s -i' ,8a � �rnnT' CaNTRACToR .S`1 e ��A>a r�:'rB=•�7"E 1 J�22�17 r�l CITY OF NEWPL. iT BFACH HARBOR PEI�-%�;:- PERMISW,W4 IS'i At, I- 7,,r. MAINTAIN 7MC. 0 AT THE sm7�' - h: ANY AND Y�54M, eA.AV . . ...... . %, • Almak C i5i& V1 CR M I T R8$8. DATE AUTFjolMED sy Ca.ry couhelL 7 to q,�,ov . ` l 7- f ca- N2fW,PO/PT ®-5�4cly q. }. 41 Cus roeh R• � o?(' F� <9. v NIwPO/( '� O R T I.c.1Ne 1 PjLL.W A 4leGG6r k E<j V iC i MI TY S X'` r�'. H wrsr s(ry NawPo Ry L�AY,CAL 16'oAN1A s Sound/nys are vxoressed /n Ace{ and danofe dep/hs be/ow a'"eOr LOW&e Low Wo{rr. /vlor/.ro rOnye OF /"dc Opp rox/rvYOia/y !O ire•/ /-/orboe Ao,5 qre eaio b/('shed /n {his , secfion of Nc wFor{ Bar, P I I I I ; rT— I i J I�1 i I � G2oln--�I� i �!�r�C�RUIYL { �4G'C,{ i vNA,Ove s I I i �+ 1,4 (, / CANT S ee 7- 7 B L,i'. 7RAC7'p�3'�> C�gA1rRACTOAW �i.+,'f/I h" .OG c• G7ATE / •,(' . i 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. Chir f?di4��OS�%f: G�+ib�:;:7v�f4?fi Lo PERMIT NO SPECIAL CONDITIONS: C6rps Of Engineers Permit Orange County Pirmit 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 ' _rp [c•e e o ti n m•n ¢�r�'3S'Laf zs �f * c E NlN/•/r ''l � '� O n(s •.. w a rO O ewtaow D iatwNa q•)s �� Com" p" •wt ea f'�Qf Q '� r O ; COw•N/ VICI LAITY SKETCH w((r"rrr ewer N(wvogr BAY, CALIGORNIA i i(rrr So Un drnys or• efpicssed rn feet and denote dep>'hs be/Ow MCOn Lower Low Woten Mornrw.n eonye of fide opp role.•..*le�Y /0,%" Horbor /riles are eR o6hshed /ter V�h:s . sect.*" o? Newporf Boj. S.• �3UIkl.�ad �h� la Awn+ ar e�Sb- 0% YRANSFERRED FROM: Tod TRANSf ERRtD -7—..-2/-7 )-- -A Tod— ;r