HomeMy WebLinkAboutM2013-0013 (2)STATE OF
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RESOURCES AGENCY
10-7- 2222
EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSIbR"T'Urvily
South Coast Area Office Page 1 Of 6
200 Oceangate, Suite 1000 MAR 252013 Date: March 22, 2013
Long Beach, CA 90802-4302
(562) 590-5071 Permit No: 5-12-178
OCL DEVELOPMENT G,Z.
COASTAL gEM"O TENT PERMIT
On November 15, 2012, the California Coastal Commission granted to John Abell IV &
Carol Helou Coastal Development Permit 5-12-178, subject to the attached Standard
and Special Conditions, for development consisting of: Installation of new dock
comprised of a pier and 10' x 10'8" pier platform, 3.5'x 24' gangway, 22' x 10' floating
dock, and one 16 inch pile and two 12 inch piles. More specifically described in the
application file in the Commission offices.
The development is within the coastal zone in Orange County at 2222 Channel Road,
Newport Beach, APN: 048-301-09.
Issued on behalf of the California Coastal Commission on March 22, 2013.
CHARLES LESTER
Executive Director
ACKNOWLEDGMENT
By:
Title: Abastal Program Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit ..." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-12-178
Page 2 of 6
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 on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration
date.
3. Interpretation. Any questions of intent or interpretation of any 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.
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:
Eelgrass Survey
A. Pre Construction Eclgrass Survey. A valid pre -construction eelgrass (Zoestera
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.
COASTAL DEVELOPMENT PERMIT
No. 5-12-178
Page 3 of 6
B. Post Construction EcIgrass 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 Eclgrass 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
Cali fornia 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.
2. Pre -construction Caulerpa Taxilfolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this Coastal
Development Permit (the "project'), the applicants shall undertake a survey 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 Taxilfolia. The survey
shall include a visual examination of the substrate.
B. 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 (5) business days of completion of the survey, the applicants shall
submit the survey:
i. for the review and approval of the Executive Director; and
ii. to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be
contacted through William Paznokas, California Department of Fish &
Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043), or their successors.
D. If Caulerpa Taxilfolia is found within the project or buffer areas, the applicants
shall not proceed with the development approved under this Coastal
Development Permit until 1) the applicants provide evidence to the Executive
Director that all C. Taxilfolia discovered within the project area and all C.
Taxilfolia discovered within the buffer area have been eliminated in a manner
that complies with all applicable governmental approval requirements, including
COASTAL DEVELOPMENT PERMIT
No. 5-12-178
Page 4 of 6
but not limited to those of the California Coastal Act, or 2) the applicants have
revised the project to avoid any contact with C. Taxilfolia. No revisions to the
project shall occur without a Coastal Commission approved amendment to this
Coastal Development Permit unless the Executive Director determines that no
amendment is legally required.
3. Construction Responsibilities and Debris Removal. The permittee shall comply
with the following construction related requirements:
A. 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.
B. 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.
C. 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.
D. Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
E. If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
F. 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.
G. Non buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss.
H. All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
I. The applicant shall provide adequate disposal facilities for solid waste,
including excess concrete, produced during demolition or construction.
J. 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.
K. All 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.
L. 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.
M. The discharge of any hazardous materials into any receiving waters shall be
prohibited.
COASTAL DEVELOPMENT PERMIT
No. 5-12-178
Page 5 of 6
N. 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.
O. 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.
P. All BMPs shall be maintained in a functional condition throughout the duration
of construction activity.
Rest 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.
A. Boat Cleaning and Maintenance Measures:
1. In -water top -side and bottom -side boat cleaning shall minimize the
discharge of soaps, paints, and debris.
2. 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.
3. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
B. Solid and Liquid Waste Management Measures:
1. 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 shall not at any time be disposed of in the water or
gutter but, rather be disposed of in a manner consistent with state and/or
federal regulations.
C. Petroleum Control Management Measures:
1. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
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 shall regularly
inspect and maintain engines, seals, gaskets, lines and hoses in order to
COASTAL DEVELOPMENT PERMIT
No. 5-12-178
Page 6 of 6
prevent oil and fuel spills. The use of soaps that can be discharged by
bilge pumps is prohibited.
2. 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.
3. Bilge cleaners which contain detergents or emulsifiers will not be used
for bilge cleaning since they may be discharged to surface waters by the
bilge pumps.
5. Public Rights. The Coastal Commission's approval of this permit shall not constitute
a waiver of any public rights that exist or may exist on the subject property including,
but not necessarily limited to, the tidelands and submerged lands lying beneath the
development approved by this Coastal Development Permit. The permittee shall not
use this permit as evidence of a waiver of any public rights that may exist on the
property.
6. Revised Final Project Plans. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval
of the Executive Director, two (2) sets of revised final project plans with the City of
Newport Beach Harbor Resources Department approval. The revised project plans
shall be in substantial conformance with the plans submitted on October 3, 2012,
except they shall be modified as generally depicted in Exhibit 4 to the staff report to
avoid eelgrass impacts by 1) modifications to the width or length of the dock float;
and 2) removal of the proposed 10' x 10'8" pier platform.
The permittee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this Coastal Development Permit unless the Executive
Director determines that no amendment is legally required.
Documentt Printed on March 22, 2013
��gNT oFd
REPLYTOATTENTIONOF
Regulatory Division
John B. Abell
148 West Orange Street
Covina, California 91723
Dear Mr. Abell:
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIAS0053-2325
July 10, 2013
Reference is made to your request (Corps File No. SPL -2012 -00474 -SME), dated March 14,
2013, for a Department of the Army (DA) authorization to construct the 2222 Channel Road Boat
Dock Construction 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 1-4.
Specifically, you are authorized to conduct the following regulated activities:
1. Install anew 4.5 -foot by 12.7 -foot pier platform (approximately 56 square feet) decked
with Globalgrid Mini -Mesh grating set back three feet from the southern property line to
accommodate existing eelgrass beds (Figures 3 and 4);
2. Install anew 3.5 -foot by 24 -foot gangway (approximately 84 square feet) decked with
Globalgrid Mini -Mesh grating and set at a slight angle to avoid existing eelgrass (Figures
3 and 4);
3. Install anew floating dock that shall be 18.5 feet long by 10 feet wide on the northern
end and 5.5 feet wide on the southern end (approximately 138,9 square feet) decked with
Tibertech solid decking (Figures 3 and 4);
4. Install two new 12 -inch square concrete piles to support the floating dock (Figures 3 and
4); and
5. Install one new 14 -inch square concrete t -pile to support the pier (Figures 3 and 4).
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 pages 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 fitlly described in 33 Code of Federal Regulations (CFR)
part331. 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.Estesaa usace.Wny. .
Please be advised that you can now comment on your experience with Regulatory Division by
accessing the Corps web -based customer survey form at:
bttp://ver2.M,usace.aimy.mil/survev.htm].
Sincerely,
3 a� C_
Veronica C. Chan
Senior Project Manager
Transportation and Special Projects Branch
Enclosures
PER4TE 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
w.
c..I.nYIA
Water Boards
Santa Ana Regional Water Quality Control Board
Por- l�iH
September 24, 2012
Lisa E. Miller
Shellmaker Inc.
837 West 171h Street
Costa Mesa, CA 92627
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CLEAN WATER ACT SECTION 401 WATER QUALITY STANARDS
CERTIFICATION FOR THE.ABELL AND HELOU PIER PROJ CT, CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA (A OE REFERENCE NO.
NOT AVAILABLE) (SARWQCB PROJECT NO. 302012-25)
Dear Ms. Miller:
On June 26, 2012, we received an application for Clean Waterct Section 401 Water
Quality Standards Certification ("Certification") from Shellmakerinc. on behalf of Mr.
John Abell and Mr. Carol Helou (Applicants) for dock construction projects at 2218 and
2222 Channel Road within the City of Newport Beach.
This letter responds to your request for certification that the proposed project, described
in your application, will comply with State water quality standardO outlined in the Water
Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent
Basin Plan amendments:
Project D scri tion:
The project consists pf replacement of an existing pier, gangway] and floating dock with
two new piers, gangways, and floating docks. The property served by the existing pier
has been subdivided into two separate properties, one at 2218 G annei Road (Helou
residence), and one at 2222 Channel Road (Abell residence). NO dredging is proposed.
The work will take place within Section 22 of Township 6 South,
U.S. Geological Survey Newport Beach quadrangle map (330 3!
Receiving water Lower Newport Bay
Fill area: 0.0112 acre of permanent impact to I
0.0703 acre of temporary impact to n
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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 dock, pier
and gangway. Replace with 1-14" concrete "T" pile and 2-12" concrete pile.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed bV applicant prior to final approval.
Legal Description:
Harbor Permit Number: 107-2222
Plan Check Number: 1489-2011
Applicant: John Abell
Applicant's Mailing Address: 2222 Channel Road, Newport Beach CA 92661
Phone Number: 949-548-5359
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
❑ They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
I 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 Reso
March 11, 2013
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
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Water Boards
SAnta Ana Regional Water Quality Control Board
September 24, 2012
Lisa E. Miller
Shellmaker Inc.
837 West 17th Street
Costa Mesa, CA 92627
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CLEAN WATER ACT SECTION 401 WATER QUALITY STj
CERTIFICATION FOR THE.ABELL AND HELOU PIER PR(
NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA
NOT AVAILABLE) (SARWQCB PROJECT NO. 302012-25)
Dear Ms. Miller:
-2-013
`t 8' r - 2011
CITY OF
REFERENCE NO.
On June 26, 2012, we received an application for Clean Water ct Section 401 Water
Quality Standards Certification ("Certification") from Shelimaker Inc. on behalf of Mr.
John Abell and Mr, Carol Helou (Applicants) for dock eonstructioo projects at 2218 and
2222 Channel Road within the City of Newport Beach.
This letter responds to your request for certification that the proposed project, described
in your application, will comply with State water quality standardo outlined in the Water
Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent
Basin Pian amendments:
Project Description:
The project consists pf replacement of an existing pier, gangway] and floating dock with
two new piers, gangways, and floating docks. The property served by the existing pier
has been subdivided into two separate properties, one at 2218 G annel Road (Helou
residence), and one at 2222 Channel Road (Abell residence). NO dredging is proposed.
The work will take place within Section 22 of Township 6 South,
U.S. Geological Survey Newport Beach quadrangle map (330 31
Receiving water: Lower Newport Bay
Fill area: 0.0112 acre of permanent impact to t
0.0703 acre of temporary impact to n
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N/ -1170 52.95'W).
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-2-013
`t 8' r - 2011
CITY OF
REFERENCE NO.
On June 26, 2012, we received an application for Clean Water ct Section 401 Water
Quality Standards Certification ("Certification") from Shelimaker Inc. on behalf of Mr.
John Abell and Mr, Carol Helou (Applicants) for dock eonstructioo projects at 2218 and
2222 Channel Road within the City of Newport Beach.
This letter responds to your request for certification that the proposed project, described
in your application, will comply with State water quality standardo outlined in the Water
Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent
Basin Pian amendments:
Project Description:
The project consists pf replacement of an existing pier, gangway] and floating dock with
two new piers, gangways, and floating docks. The property served by the existing pier
has been subdivided into two separate properties, one at 2218 G annel Road (Helou
residence), and one at 2222 Channel Road (Abell residence). NO dredging is proposed.
The work will take place within Section 22 of Township 6 South,
U.S. Geological Survey Newport Beach quadrangle map (330 31
Receiving water: Lower Newport Bay
Fill area: 0.0112 acre of permanent impact to t
0.0703 acre of temporary impact to n
H. L3cswir.N. cams, I 1<,.,n `J. Eleixa+:urn, i.xu:unv. .a roc
3737 Mair s,;.,;;,,o-d 500, Wey,mda, ca u;aoi www.wnip,boamu.ew.uuvw:a
ge 10 West, of the
N/ -1170 52.95'W).
ine environment,
ne environment
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NOTE :
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HAS BEEN OAPACTED
BY
THE PROPOSEO
CHANNEL ROAD
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PROPERTY TINE I
HARBOR RESOURCES
2222 CITY OF NEWPORT BE
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EEL CrRASS INSPECTION
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Eelgrass Survey Reporting Form
2222 Channel Road Newport Beach, CA 92660
Eelgrass (Zostera marina) Survey
Survey Date:
March 1St, 2013
Prepared by: Coastal Resources Management, Inc.
PMB 3279 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. John Abell
2222 Channel Road
Newport Beach, CA 92660
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina,
that are required to be conducted under federal or state permits and authorizations issued by the
U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to
assist in identifying eelgrass while ensuring that the required information is consistently
documented. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized
permittee to ensure that survey work is following the latest protocols. For further information on
these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or
William Paznokas, California Department of Fish & Game, 858-467-4218.
Site Name: (common reference)
2222 Channel Road, Newport Beach,
California on the Balboa Peninsula. See
Figures 1 and 2
Rick Ware, Senior Marine Biologist,
Survey Contact: (name, phone, e-mail)
Coastal Resources Management, Inc. (949)
412-9446, rware.cringearthlink.net
Lisa Miller, Shellmaker, Inc.
Shellmaker @sbeglobal.ne
Permit Reference: (ACOE Permit No.,
ACOE SPL-2012-474-BLR
CCC Permit No.)
CCC: 5-1-178
Hydrographic System: (bay, estuary,
Newport Harbor
lagoon, or harbor
Specific Location: (UTM, LaUt-ong.,
33-35.89'N, 117' 52.95' W.
datum, accuracy level, attach electronic
survey area map if possible)
NAD 83. Accuracy within 1 meter. See
accompanying figures of locations.
Was Eelgrass Detected:
Yes. Eelgrass was found at this site.
EELGRASS WITHIN
15' OF PROJECT
* No, Eelgrass was not
found at this site.
Description of Permitted Work:
The property owners subdivided the existing
(describe briefly the work to be conducted
2222 Channel Road lot into a 36 ft -wide lot
at the site under the permits identified
at 2218 Channel Road (Carol Helou,
above)
property owner) and a 35 ft -wide lot at 2222
Channel Road (John Abell, property owner).
A new home was constructed on each lot
and each property will have new dock
system in front of the residence. The dock
systems are being designed by William
Simpson and Associates, Inc. Shellmaker
Inc. is the project contractor.
The project components for 2222 Channel
Road include: (1) a dock with an outside
length dimension of 18' S", inside length
dimension of 5' 6" and a width of 10';,(2) a
4' x 12' 8" pier supported by a "T" pile and
(3) a 3" 5" x 24' gangway.
2
Description of Site:
Depth range:
-2.0 to -18.5 ft MLLW based on Corona
(describe the physical and
del Mar Newport Entrance Channel Tide
biological conditions within
Station
the surrey area at the time
of the survey and provide
insight into variability, if
known. Please provide
units for all numerical
information).
Substrate type:
fine sand to silt
Temperature:
Water temperature during the survey was
58 degrees F.
Salinity:
Harbor Range: 25-33 ppt
Dominant
A total of 7,234.8 square feet (sq ft) of
flora:
eelgrass (Zostera marina) was mapped in
the project area (Figure 3). Of this total,
2,432 sq ft were within the boundaries of
the 2222 Channel Road (Figure 4)
including two eelgrass patches close to the
bulkhead (41.5 and 70.0 sq ft) and a
separate larger bed (2,320.5 sq ft). Eelgrass
depth limits varied from -2.0 to -18.5 feet
Mean Lower Low Water, and extended
from the shallow habitat near the bulkhead
to the slope of the main channel. Eelgrass
was not found beneath the pier or the
gangway of the dock.
Eelgrass turion density counts (turions per
sq meter) were recorded throughout the
survey area:
South eelgrass patch:
mean=221.4 +.- 48.4 n=6, 2.5 ft depth
North eelgrass patch:
mean --110.4 +/- 35.6, n=11, 3.5 ft depth
Mid -Bed, south of pier
mean-- 189.8 +/- 51.3 n=7, 5.3 ft depth
Mid -Bed south in front of proposed dock
Mean=171.4 +/-78.2, n=6 5, 5.3 ft depth
Offshore edge of bed
Mean= 134.9 +/- 27.5, n=9, 9.2 ft depth
Overall mean turion density was
156.8 +/- 60.5 n=39
Impacts on Eelsrass:
There will be no direct project -related
impacts on eelgrass (Figure 5). The two
small eelgrass patches will have a
potential to be affected by dock and
gangway shading requiring that a two-
year post -construction monitoring survey
be conducted to determine if shading
results in a loss of eelgrass, per Southern
California Eelgrass Mitigation Policy
Guidelines (NMFS 1991 as amended).
Mitigation Measures:
Construction mitigation measures to
avoid and reduce impacts to eelgrass
include:
The project marine biologist shall
mark the positions of eelgrass beds
in the vicinity of the dock and
gangway construction area with
buoys prior to the initiation of any
construction activities;
The project marine biologist shall
meet with the construction crew
prior to construction to orient
them to specific areas where
eelgrass occurs;
The project marine biologist will
perform weekly on-site
inspections to ensure that BMPs
and mitigation measures are being
implemented during construction;
Support vessels and the work barge
should maneuver and work over
eelgrass beds only during tides of
+2 feet MLLW or higher to
prevent grounding within eelgrass
beds, damage to eelgrass from
propellers, and to limit water
turbidity. The work barge and
work boat shall not be
Iv
continuously moored over eelgrass
beds;
Anchors and anchor chains shall
not impinge upon eelgrass habitat;
and
• Post -construction marine
biological surveys (per the
Southern California Eelgrass
Mitigation Policy and any permit
conditions) will be performed to
map eelgrass cover in the project
area to determine actual impacts
of short-term construction and
long-term shading effects on
eelgrass bed resources.
A few Giant kelp (Macrocystic pyrifera)
plants were attached to the piling and the
dock. These wilt be removed during
dock removal, but kelp plants will again
re -attached to the new dock and piles.
Dominant
Macro -invertebrates observed during the
fauna:
dive survey included the spiny sand star
(Astropecten armatus), the tube -dwelling
anemone (Pachycerianthus fimbriatus),
the California golden gorgonian (Muricea
californica), striped sea slug (Navanax
inermis), and the ornate tube worm
Diopatra ornata. Fishes observed
included mullet senorita (Halichoeres
semicinctus), black perch (Embiotoca
jacksoni), kelp bass (Paralabrax
clathratus), barred sand bass (P. nebulifer),
and round sting ray (Urolo hus halleri).
Exotic
Sargassum muticum ,-Abundant on the
species
dock and the bulkhead
encountered:
Other site
None
description
notes:
Description of Survey
Survey date
March Is`, 1000-1400 hrs
Effort: (please describe
and time
The survey was conducted by marine
the surveys conducted
period:
biologists using SCUBA, using agency-
including type of survey
approved transect techniques and
(SCUBA, remote video,
mapping techniques using a diver-
etc.) and survey methods
biologist, a surface-biologist in a kayak
employed, date of work,
and survey density
following the diver-biologist, and a GPS
(estimated percentage of
mapping of the bed's perimeter. 80% of
the bottom actually viewed).
the project area bay floor was observed.
Describe any limitations
No limitations were encountered during
encountered during the
the survey. See more detail below.
survey efforts.
Horizontal
Range of visibility 5-15 It
visibility in
water:
Survey type
Underwater surveys were conducted by
and
using SCUBA. Reconnaissance dives
methods:
were first made to determine the extent of
eelgrass in the project area.
Where eelgrass was located, divers buoyed
the location and continued the
reconnaissance survey. Once the
reconnaissance survey was completed,
GPS (Global Positioning System)
technology and a Thales Mobile Mapper
GPS/GIS Unit were used to map eelgrass
areas. A biologist in a kayak equipped
with the GPS followed a SCUBA-diving
biologist who towed a surface buoy to
mark the perimeter of the eelgrass
vegetation. Small patches that were too
small for mapping were recorded as point
values and an estimated size of the patch
was determined by the diver.
The estimated GPS error of the Thales
Mobile Mapper unit with post -processing
correction was approximately 1 meter.
GPS data were initially entered into the
Mobile Mapper Software and then
transferred into GPS TRACKER and
ARCVIEW GIS software. The amount
of eelgrass habitat in the survey area was
calculated using ArcGIS 10.1 and Mobile
Mapper Software, and distances from the
eelgrass vegetation to the existing docks
and the bulkhead was were calculated to
assist in determining potential project
impacts on eelgrass bed resources.
Eelgrass turion counts were made within
all of the eelgrass vegetation within the
2222 Channel Road project area.
Bottom type, common marine life, and
the presence or absence of Caulerpa
taxifolia and Zoctera marina was noted.
Depths were standardized to Mean Lower
Low Water (MLLW) based upon time of
observation and tidal corrections for the
Corona del Mar/Newport Bay Entrance
Channel NOAA tide station.
Survey
Rick Ware, Senior Marine Biologist and
personnel:
Tom Gerlinger, Marine Biologist, CRM
Survey
A total of 25 underwater transects
density:
(averaging 122 ft long) were swam
between the bulkhead and out past the
dock line. These transects were spaced
approximately 3 meters apart during the
recon survey. From this recon survey,
the eelgrass bed perimeters were mapped
and eelgrass turion densities counted.
80% of the bottom habitat was surveyed
during the field investigation.
Survey
None.
Limitations:
Other Information: (use
See attached project figures.
this space to provide any
additional information or
references to attached
materials such as maps,
reports, etc.
Figure 1.
Z
Figure 2. Location of Where Dock Will Be Constructed at 2222 Channel Road
l0
k
Figure 2. Location of Where Dock Will Be Constructed at 2222 Channel Road
l0
Figure'). Eelgrass Survey, March t, 2013
2222 and 2218 Channel Road
Figure 4. Eelgrass Survey March I, 2013
Focusing on the eelgrass at 2222 Channel Road
12
CHANNEL ROAD
j
---------------
i i �.. aMPMhIGi Np '
Ix l 2222
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idy
m i iy j
`i. I im ix
1
11I
O A4 A Ct i:41R0
/es lrrn I rnaro
I I
lok i 1
14 vO d i
saR
maca �--1`Y rU.S, bUl_K8EA0 uNE l
i
—Md 4
�'FrtM}i1/f£th
1 _ i mg
�I
U.S L EWIFAU LiM°
NEWPORT RAY
INI LAYDUTOVERLAID WITp EEL6ppfi$ IUAP �� ..,,_ O ����
Figure 5. 2222 Channel Road Dock Layout With Eelgrass Superimposed on the Layout
Source Dock Design: William Simpson and Associates
13
Caulerpa taxifolia Survey Reporting Form
2222 Channel Road, Newport Beach, CA
Survey Dates:
March 1st, 2013
Prepared by: Coastal Resources Management, Inc.
PMB 327, 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. John Abell
2222 Channel Road
Newport Beach, CA 92660
March 8t", 2013
I
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 controlling the costs of reporting
while ensuring that the required information necessary to identify and
control any potential impacts of the authorized actions on the spread of
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,
please contact: Robert Hoffman, National Marine Fisheries Service (NOAA
Fisheries), (562) 980-4043, or William Paznokas, California Department of
Fish & Game, (858) 467-4218).
Coastal Resources Management, Inc. PME 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
2
Report Date:
March 81 , 2013
Name of bay, estuary,
Newport Bay
lagoon, or harbor:
Specific Location Name:
Newport Harbor Entrance Channel, in front of 2222 Channel Road, on
the Balboa Peninsula. See Figures 1-4
Site Coordinates:
33° 35.89'N, 1170 52.95' W.
(UTM, Lat./Long., datum,
accuracy level, and an
NAD 83. Accuracy within I meter. See accompanying figures of
electronic survey area map
locations.
or hard copy of the map
must be included).
Survey Contact: (name,
Rick Ware, Senior Marine Biologist, Coastal Resources Management,
phone, e-mail)
Inc. (949) 412-9446, rware.cringearthlink.net
Lisa Miller, Shellmaker, Inc. Shellmaker@sbcglobal.net
Personnel Conducting
The survey was conducted by Mr. Rick Ware (certified Caulerpa
Survey (if other than
Surveyor) and Tom Gerlinger (Skipper/Technician) of Coastal
above): name, phone,
Resources Management, Inc.
email
Permit Reference:
ACOE SPL-2012-474-BLR
CCC 5-1-178
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
Second
survey for this project?
Was Caulerpa Detected?:
NO
(if Caulerpa is found, please
immediately contact NOAA
Fisheries or CDFG personnel
identified above)
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cm@earthlink.net earthlink.net
Description of Permitted
The property owners subdivided the existing lot into a 36 ft -wide lot at
Work: (describe briefly the
2218 Channel Road (Carol Helou, property owner) and a 35 ft -wide lot at
work to be conducted at the
2222 Channel Road (John Abell, property owner). A new home was
site under the permits
constructed on each lot and each property will have new dock system in
identified above)
front of the residence. The dock systems are being designed by William
Simpson and Associates, Inc. Shellmaker Inc. is the project contractor.
The dock system for 2222 Channel Road is shown in Figure 5.
The project components include: (1) a dock with an outside length
dimension of 18' 5", inside length dimension of 5' 6" and a width of 10';
(2) a 4' x 12' 8" pier supported by a "T" pile and (3) a 3" 5" x 24'
gangway.
Description of Site:
Depth range:
-2 to -18.5 ft MLLW based on Corona del Mar
Newport Entrance Channel Tide Station
(describe the physical and
Substrate type:
fine sand to silt
biological conditions within
Temperature:
the survey area at the time of
Salinity:
25-33 ppt
the survey and provide
Dominantflora:
Eelgrass (Zostera marina) was present within the
insight into variability, if
known. Please provide units
project area boundary and buffer zone totaling
for all numerical
7,234.8 square feet and 2,432 sq ft within the
information).
property boundary of 2222 Channel Road. Eelgrass
depth limits varied from -2.0 to -18.5 feet Mean
Lower Low Water, and extended from the shallow
habitat near the bulkhead to the slope of the main
channel. Eelgrass was not found beneath the pier or
the gangway of the dock.
A few Giant kelp (Macrocystis pyrifera) plants
were attached to the piling and the dock.
Dominantfauna:
Macro -invertebrates observed during the dive
survey included the spiny sand star (Astropecten
armatus),the tube -dwelling anemone
(Pachycerianthus ftmbriatus), the California
golden gorgonian (Muricea californica), striped
sea slug (Navanax inermis), and the ornate tube
worm Diopatra ornata. Fishes observed included
mullet senorita (Halichoeres semicinctus), black
perch (Embiotoca.lacksoni), kelp bass (Paralabrax
clathratus), barred sand bass (P. nebulifer), and
round sting ray (Urolo hus halleri).
Coastal Resources Management, hic. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Exotic species
Sargassum muticum -Abundant on the dock and
encountered
the bulkhead
(including any
other Caulerpa
species):
None
Other site
description notes:
Description of Survey
Survey date and
March 1st, 2013
Effort:
time period.
Description of Survey
Horizontal
Range of visibility 10-15 ft
Effort: please describe the
visibility in water:
Survey type and
The survey area is shown in Figure 4. The survey
surveys conducted including
type of survey (SCUBA,
methods:
area was 100 ft wide by 150 ft long (30.5 in x 45.7
remote video, etc.) and
m) including both 2222 and 2218 Channel Road
survey methods employed,
properties. A total of 8, 100 ft -long transects were
date of work, and survey
swam perpendicular to the bulkhead. Of the
density (estimated
15,000 sq ft (4,573 sq m) of bottom habitat within
percentage of the bottom
the Area of Potential Effect (APE), 80% of the
actually viewed.
bottom habitat was covered during the subtidal
survey due to the excellent underwater visibility
during the survey- averaging 15 ft (3 m).
Within the 2222 Channel Road property boundaries,
four, 100 ft -long transects were swam, with 80% of
the seafloor surveyed for invasive algae.
A 20% coverage minimum is required. Bottom
type, common marine life, and the presence or
absence of Caulerpa taxifolia and Zostera marina
was noted. Depths were standardized to Mean
Lower Low Water (MLLW) based upon time of
observation and tidal corrections for the Corona
del Mar/Newport Bay Entrance Channel NOAA
tide station.
Describe any limitations
Survey personnel:
Rick Ware, certified Caulerpa surveyor, Mr. Tom
encountered during the
Gerlinger (skipper/technician).
survey efforts.
Survey density:
Eight, 100 ft -long underwater transects spaced
12.5 ft (3.8 meters) apart.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Survey limitations:
No survey limitations.
Other Information:
See attached project figures.
(use this space to provide
additional information or
references to attached maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
z
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) ernail:rware.erm@earthlink.net
Figure 2. Existing Dock Structure and Survey Area at 2218 Channel Road (was formally
on the 2222 Channel Road Property until the 2222 Channel Road property was
subdivided
Figure 3. Photograph of Existing Dock at 2218 Channel Road
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Figure 4. Caulerpa Survey Area
Coastal Resoorees Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email rware.erm c@r earthlinknet
E
CHANNEL ROAD
Figure 5. Proposed Dock System at 2222 Channel Road (Shown with Eelgrass Map)
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cnn@earthlink.net
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
March 11, 2013
Property Address: 2222 Channel Road
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 t oft
7. 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 except as otherwise noted in the Municipal Code.
Lisa Walters, Harbor Resources Date
Applicant Signature Print Name
Joint Pier Applicant Signature (if applicable) Print Name
Page 2 of 2
Date
7. 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 except as otherwise noted in the Municipal Code.
Lisa Walters, Harbor Resources
Applicant Signature
Print Name
Joint Pier Applicant Signature (if applicable) Print Name
Page 2 of 2
Date
Date
Date
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
March 11, 2013
Property Address: 2222 Channel Road
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
7. 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 except as otherwise noted in the Municipal Code.
Lisa Walters, Harbor Resources Date
Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
STATE OF CALIFORNIA - NATURAL
EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAR` CON NISSION
South Coast Area Office COMMUNITY Page 1 of 6 "
200 Oceangate, Suite 1000 Date: November 29, 2012
Long Beach, CA 90802-4302
(562) 590-5071 DEC 0 3 2012 Permit No: 5-12-177 -
„CIDASME ,p•EVELOPMENT PERMIT
e
OF IYEWPO O
On November 15, 2012, the California Coastal Commission granted to John Abell IV &
Carol Helou Coastal Development Permit 5-12-177, subject to the attached Standard
and Special Conditions, for development consisting of: Removal of the existing dock
system with 5x21 ft. pier, 4x24 ft. gangway, 12x20 ft. float, and 4 - 12" piles, and
installation of a new, 8.5x20 ft. pier, 4 x 25 ft. gangway, 12x20 ft. float and one 16 inch
and two 12 inch piles. More specifically described in the application file in the
Commission offices.
The development is within the coastal zone in Orange County at: 2222 Channel Road
Newport Beach (Orange County).
Issued on behalf of the California Coastal Commission on November 29, 2012.
Ixe
CHARLES LESTER By: 4 e/`
Executive Director Title: oastal Program 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 ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-12-177
Page 2 of 6
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 not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration
date.
Interpretation. Any questions of intent or interpretation of any 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.
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:
Eelgrass Survey
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zoestera
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.
COASTAL DEVELOPMENT PERMIT
No. 5-12-177
Page 3 of 6
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.
Pre -construction Caulerpa Taxilfolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this Coastal
Development Permit (the "project'), the applicants shall undertake a survey 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 Taxilfolia. The survey
shall include a visual examination of the substrate.
B. 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 (5) business days of completion of the survey, the applicants shall
submit the survey:
i. for the review and approval of the Executive Director; and
ii. to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be
contacted through William Paznokas, California Department of Fish &
Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043), or their successors.
D. If Caulerpa 'Taxilfolia is found within the project or buffer areas, the applicants
shall not proceed with the development approved under this Coastal
Development Permit until 1) the applicants provide evidence to the Executive
Director that all C. Taxilfolia discovered within the project arca and all C.
Taxilfolia discovered within the buffer area have been eliminated in a manner
that complies with all applicable governmental approval requirements, including
COASTAL DEVELOPMENT PERMIT
No. 5-12-177
Page 4 of 6
but not limited to those of the California Coastal Act, or 2) the applicants have
revised the project to avoid any contact with C. Taxilfolia. No revisions to the
project shall occur without a Coastal Commission approved amendment to this
Coastal Development Permit unless the Executive Director determines that no
amendment is legally required.
3. Construction Responsibilities and Debris Removal. The permittee shall comply
with the following construction related requirements:
A. 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.
B. 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.
C. 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.
D. Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
E. If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
F. 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.
G. Non buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss.
H. All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
L The applicant shall provide adequate disposal facilities for solid waste,
including excess concrete, produced during demolition or construction.
J. 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.
K. All 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.
L. 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.
M. The discharge of any hazardous materials into any receiving waters shall be
prohibited.
N. Spill prevention and control measures shall be implemented to ensure the proper
handling and storage of petroleum products and other construction materials.
COASTAL DEVELOPMENT PERMIT
No. 5-12-177
Page 5 of 6
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.
O. 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.
P. All BMPs shall be maintained in a functional condition throughout the duration
of construction activity.
4. 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.
A. Boat Cleaning and Maintenance Measures:
1. In -water top -side and bottom -side boat cleaning shall minimize the
discharge of soaps, paints, and debris.
2. 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.
3. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
B. Solid and Liquid Waste Management Measures:
1. 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 shall not at any time be disposed of in the water or
gutter but, rather be disposed of in a manner consistent with state and/or
federal regulations.
C. Petroleum Control Management Measures:
1. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
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 shall 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.
COASTAL DEVELOPMENT PERMIT
No. 5-12-177
Page 6 of 6
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.
Bilge cleaners which contain detergents or emulsifiers will not be used
for bilge cleaning since they may be discharged to surface waters by the
bilge pumps.
5. Public Rights. The Coastal Commission's approval of this permit shall not constitute
a waiver of any public rights that exist or may exist on the subject property including,
but not necessarily limited to, the tidelands and submerged lands lying beneath the
development approved by this Coastal Development Permit. The pennittee shall not
use this permit as evidence of a waiver of any public rights that may exist on the
property.
Rh/jda/g/permits2012 Printed on 11/20/12
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41
APPENDIX 1
Eelgrass Survey Reporting Form
2218 and 2222 Channel Road, Newport Beach, CA 92660
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work
is following the latest protocols. For further information on these protocols, please
contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218.
* Required Information
Site Name:
2218 and 2222 Channel Road, Newport Beach, CA 92663
(common reference)
Survey Contact:
(name, phone, e-mail)
• Rick Ware (949) 412 9446
. rware.crm@earthlink.net
• 949 412-9446
Permit Reference:
Pending
(ALOE Permit No.,
CCC Permit No.
Hydrographic System:
* Developed Small Boat Harbor
(bay, estuary, lagoon, or
harbor)
Specific Location:
(UTM, Lat./Long., datum,
330 35.89' N, 1170 52.95' (center)
accuracy level, attach
WGS 84, +/- 2 meters
electronic survey area map
ifpossible)
Was Eelgrass Detected:
*XXXX Yes, Eelgrass was found at this site at both
2218 and 2222 Channel Road. See attached map.
X Eelgrass within 15' of project
Eelgrass within 15'-30' of project
Coastal Resources Management
PMn 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Description of
Removal of a dock system at 2218 Channel Road, and the
Permitted Work:
construction of two dock systems on recently subdivided
(describe briefly the work to
portions of the original 2222 property (2218 and 2222
be conducted at the site
Channel Road).
under the permits identified
above)
Each system will consist of a 20' x 12" dock; a
20' x 8' 6" pier; and a 4' x 24'6" gangway (See attached
figures). Each gangway will be supported by a 16" sq
concrete base, and T8" wide concrete top (T -pile). Each
dock will be supported by two, 12" sq concrete piles.
Description of Site:
Depth range: *
Water depths ranged between
(describe the physical and
approximately -2 and -8.5 fl feet
biological conditions within
MLLW (at outer edge of dock) to 19.5
the survey area at the time
ft (edge of eelgrass in the Fntrance
of the survey and provide
Channel offshore of the existing dock)
insight into variability, if
known. Please provide units
Substrate
Fine sands to silty sands
for all numerical
information.
type: *
Temperature:
63-65 degrees Fahrenheit.
Salinity:
Salinity is variable, from 20 to 35 ppt,
depending on depth and the time of
year.
Dominant
Dominant flora: Eelgrass (Zostera
flora:
marina) on the soft bottom substrate
and giant kelp (Macrocystis pyrifera)
attached to the bulkhead and docks.
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Description of Survey
Dominant
Macro -invertebrates observed during
Effort:
fauna:
the dive surveys included the spiny
(please describe the surveys
period:
sand star (Astropecten armatus),
conducted including type of
octopus (Octopus bimaculatus) the
survey (SCUBA, remote
video, etc.) and survey
tube -dwelling anemone
Horizontal
Water visibility was 10 feet on each side of the
(Pachycerianthus fimbriatus), the
visibility in
center line of the diver (20 feet total)
California golden gorgonian (Muricea
water:
californica), striped sea slug (Navanax
inermis), spotted sea hare (Aplysia
calijornica), California spiny lobster
(Panulirus interruptus), sheep crab
(Loxorhynchus grandis), kellet's whelk
(Kelletia kelletii), gaper clam (Tresus
nuttallii), and the ornate tube worm
Diopalra ornata. Fishes observed
included mullet (Mugil cephalus),
topsmelt (Atherinops aff nis), senorita
(Halichoeres semicinctus), California
garibaldi (Hypsypops rubicundus), black
perch (Embiotoca jacksoni), shiner perch
(Cymatogaster aggregate), kelp bass
(Paralabrax clathratus), barred sand
bass (P. nebulifer), unidentified turbot
(Pleuronichthys sp.), and round sting ray
(Urolophus hallerr).
Exotic
Sargassum muticum
species
encountered:
Other site
None
description
notes:
Description of Survey
Survey date
May 22nd, 2012 1000-1300 hours
Effort:
and time
(please describe the surveys
period:
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
Horizontal
Water visibility was 10 feet on each side of the
methods employed, date of
visibility in
center line of the diver (20 feet total)
work, and survey density
water:
(estimated percentage of the
Coastal Resources Management
PMB 327, 3334 E. Coast I lighway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
bottom actually viewed).
Survey type
An underwater biological survey was conducted
Describe any limitations
and methods: *
on 22 May, 2012 to map eelgrass vegetation
encountered during the
seaward of the 2218 and 2222 Channel Road
survey efforts.
properties. The survey was conducted by
CRM marine biologists Rick Ware and CRM
marine technician Robin Kohler between 1000
and 1300 hours.
Eelgrass Mapping. Diver transects using
SCUBA were employed to first determine the
extent of eelgrass in the project and to conduct
the invasive algae survey. Initial transects were
swam throughout the project site along a 22.2
meter baseline. Seven, variable -length transects
were spaced 3 meters apart. A biologist in a
kayak equipped with the GPS followed a
SCUBA -diving biologist. To assist in the
mapping process, an Ocean Technology
Systems (OTS) surface -to -diver
communications system was used by the team.
Once the extent of the eelgrass was determined, a
mapping survey was conducted using Wide Area
Augmentation System (WAAS) GPS (Global
Positioning System) technology and a Thales
Mobile Mapper GPS/GIS Unit to map eelgrass
areas. The estimated GPS error of the Thales
Mobile Mapper GPS unit with post -processing
correction was less than one meter.
Survey
The survey was conducted by CRM marine
personnel: *
biologists Rick Ware and CRM marine
technician Robin Kohler.
Survey
A total of seven, variable length transects were
density:
swam along a 22.2 meter baseline. The total
amount of bottom habitat surveyed was 497
meters (5,240 sq ft). 100% of the bottom area
was covered, due to excellent visibility (10 ft on
each side of the center line). A total of 371.1 sq
m (3,992.9 sq ft) of eelgrass was mapped within
the project area.
Survey
None
limitations:
Coastal Resources Managcmcnt
PMB 327, 3334 R. Coact Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675.2970 (faze); )
Other Information:
(use this space to provide
any additional information
or references to attached
materials such as maps,
See attached drawings and eelgrass map
F.,elgrass Survey Reporting Form (version 1.0, 6/20/03)
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fait); I
Figure 2. Plan View, Proposed 2218 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
CITY OF NEWPORT BEACH
PROJECT r`
SITE r`• o
{
4
v �
J
r
VICINITY MAP
MEVORCRT SAY, OALIIORNI,, w-¢
2218
U.S. ROAD35M 7 _
BULKHEAD [.],'\,E
�CHANNEL
_
4
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yy
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TOMER ME CAROL H ELUU
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Ct A� OIR SNE1#AY r •t INC. DALE
JOB ADDRESS :2238 HAMI LEL , —
'9
g07Oh NEST 170 STREET r _�
J
NEs' GPI BEACH CA 1I
1057A 4ESA CA 9P627 1OSj�r,
Figure 2. Plan View, Proposed 2218 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Figure l X -Section, Proposed 2218 Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast t-Iighway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (1'tnc); )
CITY OF NEWPORT BEACH:�
PROJECT -j
SITE T
1 a.:
4VICINITY MAP_ s
N04POR, BA,, CAi
i
� (t) rF991FII IFA E [0
C1W�N. P4 w.-
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exox i�fJ. �j'i
[¢. C?:[. cEF FlivP-- {- 4—• -"-CMC JtF. Si PFrnt.:
I \l f ---j
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(mai -" •v e.�,ironaaa. SOUF'.HIP 6 ARE E;<P.^.CTFL-Ili
nrz r u rx FEET AND DEfOOTE ELL ✓ATIONS
DOCK, PILiNG� PIER &.GANGWAY ELEVATION �.TS ghS-D , ;vlc. GiJ LOIVEP. LOW
r.
10�h51�R 7r CAROL HILOU— i0i
Sh T IN �
CO* TRA iOR ILLTec
JOB ADGfiE5S 2213 Ci[ANNEL POA✓ I I JAR
837 I. -',-,ST 17th TR,°T
K AVO.t REACH, CA 92661
'2627 !051 T I?
C0$"t MESA. CA
Figure l X -Section, Proposed 2218 Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast t-Iighway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (1'tnc); )
Figure 4. Plan View, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Flighway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax): )
CITY OF NEWPORT BEACH
PROJECT"`
1
SITE
4 d
)f•
I
mawout
1`ry�
rVICINITY
MAP
NEWPORT 34l Ca I°GRNIA 1a
_
2222
CHANNEL ROAD t
fi
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r
fd) a rr f
.aiG rVJ a . YSP! {Y I r
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— — a U.S. FI€RHEAG LINE
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(NI LAYOUTNEWPORT SAY- ry�'
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CONTRACTOR: *ece sHEL a�E�' I)f_
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In I 1
fPOPT UiVCCA 92r6
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'
Figure 4. Plan View, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Flighway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax): )
MiFP.9Rlm IENPEPiO
(1
L —
1
I
vin _'.
v Nl t4.
1
T'Vne% ".
cs:C 31L 5Ei t.F�` I
.['.a.../'I r,AGF , Sze .E'4u
0.
SOUNDIN S AR' EXPIECTED li`.7.
sFEI AND OFNOTE €LEVAPO+;S
DOCK, PILINO. PIER & GANGWAY ELEVATION pi.rc. 3A ;;La ON h4Fhfd I,.Cik FR LOW
CON MAC OR SU`E1 f \k Li t, INC
J6F? ADDFZE6S' >> i ni'NFL P<QAE g-cy ,� T �7ti �Tr` ri 0A TF :.
rJ�kr rF ['FR -1 4A. y26611 fn ;7 hfF5^, Cry + 6'1. '�31 ii2
Figure 5. X -Sect, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMH 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
2222 and 221a Channel Road Dock Project
Position of New Docks and Eelgrass Habitat
Based on 22 May 2012 Eelgrass Survey
3 1 ln:v^ 3
ci ti 6.3
1 •: 0 5 '9 29 70 40 �
RI, 31 Da
1 ae�
s
P _33 3833 NOr
C 6,
Figure 6. Location of h:elgrass Shows New Dock Structures overiaid
On Top of Fxisting Dock Structure at 2218 Channel Road (Subdivided
From 2222 Channel Road in 2011).
Coastal Resources Management
PMn 327, 3334 E. Coast Highway, Corona del Mar, Ca 92621
(949) 412 9446 (office/ccll), (940) 675-2970 (fan):
Caulerpa taxifolia Survey Reporting Form
2218 and 2222 Channel Road
Newport Beach, CA 92663
Survey Date: May 22"d, 2012
Prepared by: Coastal Resources Management, Inc.
PMB 3279 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Lisa Miller
Shellmaker, Inc.
837 West 17th Street
Costa Mesa, CA 92627
7 June, 2012
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
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 controlling the costs of reporting
while ensuring that the required information necessary to identify and
control any potential impacts of the authorized actions on the spread of
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,
please contact: Robert Hoffman, National Marine Fisheries Service (NOAA
Fisheries), (562) 980-4043, or William Paznokas, California Department of
Fish & Game, (858) 467-4218).
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Report Date:
June 7 th, 2012
Name of bay, estuary,
Newport Bay, CA. See Figure 1.
lagoon, or harbor:
Specific Location Name:
2218 and 2222 Channel Road, Newport Beach, CA 92663
Site Coordinates:
33e 35.89' N, 117° 52.95' (center)
(UTM, Lat./Long., datum,
WGS 84,+/- 2 meters See Figure 1
accuracy level, and an
electronic survey area map
WGS 85. Accuracy within 2 meters.
or hard copy of the map
must be included).
Survey Contact: (name,
Rick Ware, Senior Marine Biologist, Coastal Resources Management,
phone, e-mail)
Inc. (949) 412-9446, rware.crm&arthlink.net
Personnel Conducting
The survey was conducted by Mr. Rick Ware (certified Caulerpa
Survey (if other than
Surveyor), and Robin Kohler, (Technician) of Coastal Resources
above): name, phone,
Management, Inc.
email
Permit Reference:
Pending
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
First
survey for this project?
Was Caulerpa Detected?:
No
(if Caulerpa is found, please
immediately contact NOAA
Fisheries or CDFG personnel
identified above)
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Description of Permitted
Removal of a dock system at 2218 Channel Road, and the construction
Work: (describe briefly the
work to be conducted at the
site under the permits
of two dock systems on recently subdivided portions of the original 2222
property (2218 and 2222 Channel Road).
identified above)
Each system will consist of a 20' x 12" dock; a 20' x 8' 6" pier; and a 4'
x 24'6" gangway (See attached figures). Each gangway will be
supported by a 16" sq concrete base, 7'8" wide concrete top T -pile. Each
dock will be supported by two, 12" sq concrete piles.
See attached drawin s.
Depth range:
-1 to 8.5 ft MLi,W (outside edge of dock) to 19.5
Description of Site:
ft MLLW in the Newport Harbor Entrance
Channel
(describe the physical and
biological conditions within
Substrate type:
fine sand to silty sand
Temperature:
63-65 degrees F
the survey area at the time of
the survey and provide
Salinity:
25-33 ppt
insight into variability, if
known. Please provide units
for all numerical
Dominant flora:
F.elgrass (Zostera marina) on soft substrate; giant
kelp (Macrocystis pyrifera) on bulkheads and docks.
information).
Dominantfauna:
Macro -invertebrates observed during the dive
surveys included the spiny sand star (Astropecten
armatus), octopus (Octopus bimaculatus) the tube -
dwelling anemone (Pachycerianthus fimbriatus),
the California golden gorgonian (Muricea
californica), striped sea slug (Navanax inermis),
spotted sea hare (Aplysia californica), California
spiny lobster (Panulirus inlerruptus), sheep crab
(Loxorhynchus grandis), kellet's whelk (Kelletia
kelletii), gaper clam (Tresus nuttallii), and the
ornate tube worm Diopatra ornata.
Fishes observed included mullet (Mugil cephalus),
topsmelt (Atherinops affiis), senorita (Halichoeres
semicinctus), California garibaldi (Hypsypops
rubicundus), black perch (Embiotoca jacksoni),
shiner perch (Cymatogaster aggregata), kelp bass
(Paralabrax clathratus), barred sand bass (P.
nebulifer), unidentified turbot (Pleuronichlhys sp.),
and round sting ra Urolo hus hallert).
Exotic species
Sargassum muticum
encountered
(including any
other Caulerpa
species):
Othersite
description nates:
none
Coastal Resources Management
PUB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Description of Survey
Survey date and
May 22nd, 2012
Effort:
time period:
Description of Survey
Horizontal
20 ft (10 ft on each side of the transect center line)
Effort: please describe the
visibility in water.
Survey type and
An underwater biological survey was conducted
surveys conducted including
type of survey (SCUBA,
methods:
on 22 May, 2012 seaward of the 2218 and 2222
remote video, etc.) and
Channel Road properties. The survey was
survey methods employed,
conducted to determine if eelgrass and/or invasive
date of work, and survey
density (estimated
algae was present in the project area. The survey
percentage of the bottom
was conducted by CRM marine biologists Rick
actually viewed.
Ware and CRM marine technician Robin Kohler
between 1000 and 1300 hours.
Transects were swam throughout the project site
along a 22.2 meter baseline. Seven, variable -length
transects were spaced 3 meters apart. A biologist in
a kayak equipped with the GPS followed a
SCUBA -diving biologist. To assist in the mapping
process, an Ocean Technology Systems (OTS)
surface -to -diver communications system was used
by the team. The estimated GPS error of the
Thales Mobile Mapper GPS unit with post-
processing correction was less than one meter.
Describe any limitations
Survey personnel:
Rick Ware, certified Caulerpa surveyor and Robin
encountered during the
Kohler (technician).
surve efforts.
Survey density:
Seven, variable length transects were swam along
a 22.2 meter baseline out to a distance of 22
meters. The total amount of bottom habitat
surveyed was 497 meters (5,240 sq ft). 100% of
the bottom area was covered, due to excellent
visibility (10 ft on each side of the center line).
Survey limitations:
No survey limitations.
Other Information:
See project area location (Figure 1), and attached dock plans, Figures
(use this space to provide
2,3, 4, and 5
additional information or
references to attached maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Figure 2. Plan View, Proposed 2218 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675.2970 (fax); )
CITY OF NEWPORT BEACH
PROJECT,
SITE a
fiuMf !
yyY
1
VICINITY MAP
IIIEWRORT SAY, CALIFORNIA
2213
U.S.BULKHEAD L INF— CHANNEL ROAD
LNG IN i%IQir SF07 r?E pGI 1
1 COHC
mE.
PILs-'E.�
(n) -'-6
ME 1 25'-0° LC ( '
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O
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11
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!
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'�{l OF RRCPE;[V
FMLCCGAIIXt U ,
J
asIe WLINE jn r
U.S. Pi RHEAD LINE— 5-0 --- L
IN) LAYOUT NEWPORT BAY
OWNER - Mr. CAROL ;fiFLOU
LOT BLOCK
SHiLNAK€R 1410 DATE
EWr.57 STREET2
.178 4DDRr$S 19 CHANNEL ROAD CONTRACTOFt
NEw ORI BEACH CA 92651
.,. OVY.
COSTA MESA, Gfl 9"6'7-
Figure 2. Plan View, Proposed 2218 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675.2970 (fax); )
CITY OF NEWPORT BEACH
PROJECT,
BITE
i 3
3 4 y Y
pr -
.x« Y i
VICINITY MAP
,
(NEWPORT DAL CALIFORNIA
¢0 rvasree. �wmm
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SOUNDINGS ARE EXPECTED IN
F�Ef AND DE140IE Ei €VATIGNS
_GOCK,PILING, PIER &_GANGWAY
ELEVATIONni.T5, BASED ON IAEAi9 tO44FR IA69
WA:TEP.
_-
-BLOCK
I0MER . Mr. CARO( 14ELOU_
--
LOT
_
100n ADf`RF'SS-. 22:8 GH AIJlUEL ROAD
CONTRA TOR SICLLMAKER NC,OA,L
837 ST 1 tCra STREET
ET
- ItEWPORT CA .92661
V O�lzl//12
.BEACH
Figure 3. X -Section, Proposed 2218 Dock System
Coastal Rcsources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
Figure 4. Plan View, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMI3 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
CITY OF NEWPORT BEACH
PROJECT`
SITE -
s
�
�8 a�
�-rv—iCaINITYM_A_P_
`_T a,�r wi,nY ln`
IYI
__ _• ry rs. ,,
NEWPORT SAY, t A.LIHORMIA�
1
2222
ROAD J.
—CHANNEL
'r
3500 ' 35 n6
I'll
wli 9 xipgx 2R I I
xe 9r+�a :>;E u I U.S.BULKHEAD LINE TJ
1 I 1 I
Fli .iR t
o
LN3
WE 24-0 'LC � 4
%J. ANGWAY-.®----..-�A.e
1 NilF C
�—
1 , _ ��1 S�Ec�i�pl.SIC'Ilrtc
G �'1
L
I,
f ✓ -OF PR ORCRTdI
F4kvLItEu,LE
3 r'I �
(TOTAL F CsiNsIr v f lI L
f I `
rnawr aR i' s t
PERTll
ap3PERT ❑I:R ZB -0-b..1 f
- I " 10 1 1
U.S. PIERHEAD LINJf
INI LAYOUT NEWPORT BAY
—.__.
—
!OWMER - Mr, JONitf A(}RI,L
LOf 'BLOCK
4'OiN
jJOB gt}p4FaS :22.22 (.fUROAD
RA TOrin 11£AKER MC
� OA'E
837 ACST 17th ATPS€T
NEWPORT -6GA.+CFi CA. 9�r8't
b X35 /t �
COs"A, $Ca22
COSTA N€SR
_._. _ ..._...�._..
..—,
I
Figure 4. Plan View, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMI3 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
CITY OF NEWPORT BEACH
Tn 452 �i #
PROJOCT a_
$ITE
,!
r�
�
S
4
1 fS
VICINITY MAP
NEWPORT 9AY, CALIFORNIA
II+Y'xaSrtn mrzfz.Eo-
1
GA554V..W At--W>--i.
l
'
_ C
(IIJ NCW AA '-^� Si-41Y+N46EV
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� � r -
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yl. �RdA�RLL i
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� tE�WfO�
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n
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�
�C 9tf.: S:: �rfM1 Q CtP
.� C^ ip'iC RLG 3£ Mlydv
l
I
0
I (nj
a:taL fc .dxw; - SOUNDINGS ARE EXPECTED IN
EET €LEafAliDf4u
DOCK, PIUNGf. PIER 3 OANOWAY
! _
ELEVATION 1+?:s. PASE4: ON `riF_AAf -OWER LOW
101 MFARE
WATER.
OWNl R S1r ..JOHN ABELL._Idt OCK
—��—LO—? _ _
CONTRACTOR: SIGH I MAPER, 1hJC L5ATC
B AOURESS :2222 CHANNEL ROAD
JO' 837 *FST 17th STREET C5�31/12
NEWPORT BEACH CA 92e6i
--- - COSTArtESa GA 9?&2;:.
Figure 5. X -Sect, Proposed 2222 Channel Road Dock System
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); )
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 dock and pier
Replace existing 16" pier pile and 2-12" dock piles.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
IProperty Address: 2222 Channel Road
Legal Description:
Harbor Permit Number: 107-2222
Plan Check Number: 1489-2011
Applicant: John Abell
Applicant's Mailing Address: 2222 Channel Road, Newport Beach CA 92661
Phone Number: 949-548-5359
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
X 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:
'K 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.
Lisa Walters, Harbor Resources
June 19, 2012
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
CITY OF
NEWPORT
BEACH
PROJECT
SITE
«
..
Seo
1117r
snr
eg4,p
MOPCII
u
VICINITY
MAPvmbLO
NEWPORT
BAY, CALIFORNIA
NORTH
2222
CHANNEL ROAD
EEL GRASS INSPECTION
t4.Eelgrass within 15' of project
CI Eelgrass within 15 - 30' of project
❑ No Eel ras In project area
Signature
I cy--r � •- 1 r
Inspection Date —& Time
35.00' _ 36 00'
N 14 08 57'r W _ _ 71.00'_ - -
(N) 8'-6" WIDE z 20'-0"
LONG WD PIER SEE U S BULKHEAD LINE
s -s �o I I
(N) CONC ..T...
PILE, SEE
I
(N) h-0
WIDF x 24'-0"
WD GANGWAY
I
I
(N) 12'-0"
WIDE x 20'-0" LG
FLOATING DOCK
K
S-3 p I
I
O
N
_
(N) 12" SQ CONC
PILE AT DOCK TYPO
(TOTAL OF 2) SCE -sV3
PROLONGATION OF
PROPERTY LINE --- 20-0 10-0 ,
I I
— _1O' -- -- --
INI LAYOUT
CONC PILE OESIGNITION,
P
SEEKE
5-3
I
I
I
I
PROLONGATION
OF PROPERTY
LINE
I
I
I
U.S. PIERHEAD LINE
NEWPORT BAY
OWNER : Mr. JOHN ABELL LOT BLOCK
JOB ADDRESS :2222 CHANNEL ROAD CONTRACTOR: SHELLMAKER, INC. DATE
NEWPORT BEACH, CA 92661 837 WEST ,th STREET 05/31/12
COSTA MESA, CA 92627
CITY OF NEWPORT
BEACH
SOUNDINGS ARE
EXPECTED IN
DOCK PLAN TYR
FEET AND DENOTE
ELEVATIONS
DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN
LOWER LOW
PROJECT
3,
WATER.
OWNER : Mr. JOHN ABELL
- SITE
BLOCK
JOB ADDRESS :2222 CHANNEL ROAD
CONTRACTOR:
SHELLMAKER, INC.
DATE
NEWPORT BEACH, CA 92661
a - a
05X3112
COSTA MESA, CA 92627
BAY
�
fr°
kV.
mapg11C5t ®YIY MMQWa P.sTa A411.1N64,,YPrm,P;
VICINITY MAP
N.T.S-
NEWPORT BAY, CALIFORNIA
NORTH
(N) FROSTED TEMPERED
GLASS GUARDRAIL -
(N) WOOD GANGWAY, SEE�- --
(N) WOOD PIER
(E) COPING ELEV
=+11 04'} MIL W.
(E) SEAWALL
1.0. PILE ELEV=+13.00' M.LL
IIP
OPINGW. \
IWO TEE1 LONG TRANSITON
2T
-'
PLATE OPTIONAL
(N) FI DATING DOCK
A
xx!.
TIT
(E) SEAWALL T f
f.OPING-- J
(E) SEAWALL
PANEL TIP
(E) DREDGE ELEV
AC?
IL,
f
F DREDGE ELEV
�_ f _
\
(E) DREDGE REV LSI
-6.Sf M.LLW \
v:
\
=-4.00t M1L.W
GONG PILE, SEE DETAIL TIP- / GONG PILE, SEE DETAIL
e
1
PILE DESIGNILDON, SEE
SOUNDINGS ARE
EXPECTED IN
DOCK PLAN TYR
FEET AND DENOTE
ELEVATIONS
DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S. BASED ON MEAN
LOWER LOW
WATER.
OWNER : Mr. JOHN ABELL
LOT
BLOCK
JOB ADDRESS :2222 CHANNEL ROAD
CONTRACTOR:
SHELLMAKER, INC.
DATE
NEWPORT BEACH, CA 92661
837 WEST 17th STREET
05X3112
COSTA MESA, CA 92627
Worksheet for Building Combo Permit Application a4"e
rtlp{���dE a- City of Newport Beach - Building Department
Please print 3 copies
RU( AMP ;Building ( Grading [—Drainage ] Elec ('IESOURCES
ully
RI
1. Project Address (Not mailing address) I o i No
�aaa CHAtiir�lr✓L fjoAO �� -- `c�i�l�
Tenant Name(if Applicable) # Units (if Residential) (mm-
2. Description of Work JP it X1 ` h t� [N 4 re * !F C, -,d Z (� seg C r x (F'
Ex Building SF ^Demo Building Ad e�O�s{r e t 11.1 11f, t r
tnt�i t Sh X1 V� he 'ALCK a7oc err -c'(9
i` B11�ldg
5F i ` `T'Zi'`� Valuation $ �s"j�
9 9 9 uct Bldg SF _.
Extg Gar sf f --j Demo Garage sf Add/Reconstruct Garage sf , �# Stories
TOTAL BLDG SF F_� Cu Yd Cut
3
New (7 Add (-: Alter ;Demo 1
TOTAL GARAGE SF F Cu Yd Fill
r 3. Owner's Name Last A6ELL
First I JDl fA�
- Owner's Address
Owner's E-mail Address
1�f8 L.J D�Pf/,�14E STR�E7'
City G'OJ1,tLA ..... State
GF]
Zip 9/%�1. 3 TelephoneGale 33 a.-ao93
4. Architect/Designer's Name Last
�: First F_' Lic. No.
Architect/Designer's Address
........ .........._........_......
Architect/Designer's E-mail Address
City State
-_-v—
zip Telephone
r 5. Engineer's Name Last I f (AFJgI-1
First FM A60jlo Lic No.I� g
Engineer's Address
Engineer's E-mail Address
JS341 CDmmERce�tr�ER1aE,
SuIT� /�O rvla; I Lam'" [Jsa5a.- Lusa. com
City Ln4E Fol?EST ... State
_..
Zip 9d�3p Telephone qy.q ao%-94a-9
f-` 6. Contractor's Name Last .SN ELl (YaF)KER �1 !C• First F77� Lic No. S1,11./34 Class
Contractor's Address -
Contractor's E-mail Address -
837 �c). 1'7'N 5�2�E-r-'
sh�llma,ICer�'sbc loba,l.ne`r
City 1 C'p5-� 1))E5'A State
.....
CA
Zip nlc2loo�•� Telephone 9
OFFICE USE ONLY
L3
ENERGY P/C FEE $
GRADING PIC FEE $ FIRE PIC FEE $
PERMIT
JUL 2 6 XQN CHECK NO -ALM —zT
Rev 4116/09 ELEC/MECH/PLUM PIC FEE $
� c9 O
PLAN CHECK FEE $ LLO x
41TY OF Ft r
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
June 19, 2012
Property Address: 2222 Channel Road
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
7. 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.
10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the
float is 10'.
11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the
float is 5'.
Lisa Walters, Harbor Resources
Applicant Signature
Date
Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
a
N. Y
u ��ITiX;
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMITIAPPROVAL 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 & Replace dock and pier.
R/R 1 pier pile 16" and 2 dock piles (12").
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
Propertv Address: 2222 Channel Road
Legal Description:
Harbor Permit Number: 107-2222
Plan Check Number: 1489-2011
Applicant: John Abell
Applicant's Mailing Address: 2222 Channel Road, Newport Beach, CA 92661
Phone Number: 949-548-5359
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. page 1 of 2
And find
X 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:
3( 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.
Harbor Resources
August 3, 2011
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
Worksheet for Building Combo Permit Application T
_,PT Fo�ff °,, Cit of Newport Beach - BuildingDepartment 4�
Please pant 3 copies '
ftj`Building F Grading ("'iDrainage j—jElec I"'MeAI RHOMBI
OTY OF
1. Project Address (Not mailing address) I No
�aaaa G1NA�fnIEL RoAo ��!
Tenant Name(if Applicable)
2. Description of Work
t), i S'h kr $�rrq cr(t?t 1C CIA `NIP nCl reps tf' I _
JJ c l {/—�{�e t t Bldg I
Extg Building SF� Demo Building SF 7 Add/Rekstruct Bldg SF
Extg Gar sf F Demo Garage sf F Add/Reconstruct Garage sf
# Units (if Residential) I _--'
Valuation $ k4�k—
New
TOTAL BLDG SF
Cu Yd Cutl
(— Add �' Alter F_ -Demo !!!
TOTAL GARAGE SF F _i Cu Yd Fill
Check AnDrortriate Box for Applicant
( 13. Owner's Name Last
F%e LL_ First
# Stories
Owner's Address Owner's E-mail Address
.. .....
City �p�I,t1.A State cFi Zip 9/7x3 Telephone Ia& 330--3033
4. ArchitectIDesigner's Name Last y First Lic. No.
Architect/Designer's Address Architect/Designer's E-mail Address
City State ..�� Zip F_Telephone '
l S. Engineer's Name LastJAf AQI First Fm tq1 c>L D Lic. No.'�3 S
Engineer's Address Engineer's E-mail Address
x5341 Co/r�mERC 1r2E t>RfaE, S�IT�I�n mzI _ W5asa-usa. Com
City LnKE State C(-) zip 9a X30 Telephone-�'y-q app- ggo29
( 6. Contractor's Name Last SHELA /Ya/j10ER ��C•' First Lic. No. 5Z/c43t Class
Contractor's Address - Contractor's E-mail Address
_837 _/e1 shf tlmar Gsbc lob- ,l net
City C'os�--� rn�s� State CA zip raZa, TelephoneR4-? S�fS�-53S
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Rev4116109 ELEC/MECH/PLUM P/C FEE $
PERMIT NO.
FIRE P/C FEE $ JUL 2 6 JHN CHECK NO.
- O
PLAN CHECK FEE $
.I r1C' Al Ltnr:vv . _,.
It, A' Ii N171"
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CITY OF NEWPORT BEACH
PROJECT `
SITE
VICINITY MAP N.T.S_
NEWPORT BAY, CALIFORNIA
/1
NORTI
2222
CHANNEL ROAD
35.00'
(N) 8'-6" WIDE x 20'-0"
LONG WD PIER. SEE 0
6 T
(N) CONC "T" II 8'-6" CI
PILE, SEE O
O
WIDE x 24'-0' LG
WD GANGWAY
HARBOR-RE501111CM DW-
CITY
OF NEWPORT BEACH
EEL f RAAS INSPECTION
$Eelgrass'.Nithm '15 of project
❑ Eelgrass within 15 - 30' of project
❑ No Eelqr ssIn pr^ojact area
Signature
Inspection Date & Thin®
z 36.00'
U.S. BULKHEAD
LINE
I
I
II
I 5-3 O I I
i
CD
(N) 12'-0" N
WIDE x 20'-0' LG
FLOATING DOCK - �I O I
7 2 CONIC PILE DESIGNITION,
- Ell I SEE SV3 TYP I � PROLONGATION
Oj IV./ OF PROPERTY
(N) 12" SO CONC N LINE
PILE AT DOCK TYP V
(TOTAL OF 2) SEE
S-3
PROLONGATION OF
PROPERTY LINE 20 -O 10'- C I I
5' -0" -U.S. PIERHEAD LINE ,4
[NILAYOUT
OWNER : Mr. JOHN 'ABELL
JOB ADDRESS :2222 CHANNEL ROAD
NEWPORT BEACH, CA 92661
NEWPORT BAY
LOT
CONTRACTOR: SHELLMAKER, INC.
837 WEST 17th SFREET
COSTA MESA, CA 92627
NORTH
DATE :
02/15/11
VICINITY MAP N.T.S.
NEWPORT BAY, CALIFORNIA
(N) WOOD GANGWAY, SEE _
T.O. PILE ELEV-+13.00MLLW
TRANSITION
(N) BOATING DOCK
(ELDREDGE D -EV
=_6.5'2 IA.LLW.
CURRENT/(E)
DREDGE UNE
CONS PILE. SEE DETAIL a TIP
--
NORTH
(N) YNOSIED TEMYERLD -
GLASS GUARDRAIL ----- - -
(N) WOOD PIER (E) COPING ELEV
=+11 04'+ M LAE
(E) SEAWAII
OPING
u x A
(E) DREDGE ELEV
ALLLW \
O
O4 O PILE DESIGNmIXV, SEE
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DOCK, PILING, PIER & GANGWAY ELEVATION N.T.S.
(E) SFAWAII
COPING
(E) SEAWALL
PANEL TYP `
I
(EJ URE6GE ELEV
-4OO+ M.LLW.
Li
GONG PILE. SEE DETAIIe
SOUNDINGS ARE EXPECTED IN
FEFT AND DENOTE FI_F VATIONS
BASED ON MEAN LOWER LOW
WATER.
OWNER Mr. JOHN ABELL L_OT BLOCK
CONTRACTOR: SHELLMAKER, INC. DATE
JOB ADDRESS :2222 CHANNEL ROAD 837 WEST 17th STREET
NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 02/15/11
Eelgrass Survey Reporting Form
City of Newport Beach
Eelgrass (Zostera marina) Survey Reporting Form
Survey Dates:
30 July and 26 August, 2010
Prepared by: Coastal Resources Management, Inc.
PMB 327, 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. John Abell
2222 Channel Road
Newport Beach, CA 92660
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina,
that are required to be conducted under federal or state permits and authorizations issued by the
U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to
assist in identifying eelgrass while ensuring that the required information is consistently
documented. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized
permittee to ensure that survey work is following the latest protocols. For further information on
these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or
William Paznokas, California Department of Fish & Game, 858-467-4218.
Survey Date: 30 July and 26 August, 2010
Site Name: (common reference)
2218 and 2222 Channel Road, Newport
Beach, California on the Balboa Peninsula.
See Figures 1 2, and 3.
Rick Ware, Senior Marine Biologist,
Survey Contact: (name, phone, e-mail)
Coastal Resources Management, Inc. (949)
412-9446, rware.cn-n&earthlink.net
Lisa Miller, Shellmaker, Inc.
Shellmaker&sbcalobal. n et
Permit Reference: (ALOE Permit No.,
In progress
CCC Permit No.
Hydrographic System: (bay, estuary,
Newport Harbor
lagoon, or harbor
Specific Location: (UTM, Lat./Long.,
33°35.89'N, 1170 52.95'W.
datum, accuracy level, attach electronic
survey area map if possible)
NAD 83. Accuracy within 1 meter. See
accompanying figures of locations.
Was Eelgrass Detected:
Yes. Eelgrass was found at this site.
XXXX EELGRASS WITHIN
15' OF PROJECT
* No, Eelgrass was not
found at this site.
Description of Permitted Work:
The property owners subdivided the existing
(describe briefly the work to be conducted
lot into a 36 ft -wide lot at 2218 Channel
at the site under the permits identified
Road (Carol Helou, property owner), and a
above)
35 ft -wide lot at 2222 Channel Road (John
Abell, property owner). A new home will be
constructed on each lot, and each property
will have new dock system in front of the
residence. The dock systems are being
designed by William Simpson and
Associates, hic. Shellmaker Inc. is the
project contractor. The dimensions of the
existing dock system components at 2222
Channel Road and the new dock system
components, at 2218 and 2222 Channel Road
are summarized in Table 1. Plan views of
the existing and proposed dock systems are
shown in Figures 4 and 5.
The project applicant has integrated state -
of -the art Best Management Practices
(BMPs) in the construction of the docks to
avoid and limit potential impacts to
eelgrass. For each platform type that has a
potential to shade the bayfloor (pier,
gangway, and floating dock) grated panels
will be used as decking to allow for light to
pass through the structures, reducing
shading impacts, and providing light for
eelgrass to grow beneath the grated
structures. The pier, gangway and the
floating dock will be paneled with
Globalgrid fiberglass mini -mesh grating, is
1-1/4" thick, fire retardant, colored light
gray, and covered with extra fine grit. The
material is LTV retardant. The grating is
manufactured by FRP Resource LLC,
Arcadia, CA 91006. A single concrete "T
piling will support each pier, while each
dock will have two, 12 -inch square
concrete guide piles.
Description of Site:
Depth range:
-0.5 to -12 ft MLLW based on Corona
(describe the physical and
del Mar Newport Entrance Channel Tide
biological conditions within
Station
the survey area at the time
of the survey and provide
insight into variability, if
known. Please provide
units for all numerical
information).
Substrate type:
fine sand to silt
Temperature:
Water temperatures as measured by
underwater data loggers over 24-hour
periods for 20 days were extremely cool
for summer periods and averaged 63.8 T
at a depth of 0.3 meter below the surface
ranging between 55 "F and 68.1 °F
(n=5,210, five-minute replicates). Mean
bottom water temperature at a depth of -5
ft MLLW averaged 61.9, ranging between
53.8 T and 67.7 °F (n=5,456. Normal
summer water temperatures vary from
approximately 66-70 degrees F.
Salinity:
Harbor Range: 25-33 ppt
Dominant
Eelgrass (Zostera marina) was present
flora:
within the project area boundaries,
totaling totaled 3,858 square feet (sq ft), or
0.089 acres. Eelgrass depth limits varied
from -2.0 to -12 feet Mean Lower Low
Water, and extended ftom the shallow
habitat near the bulkhead to the slope of
the main channel. Eelgrass was not found
beneath the pier or the gangway of 2222
Channel Road, although it did extend
beneath the pier and gangway of the dock
immediately south of the 2222 Channel
Road property.
Giant kelp (Macrocystic pyrifera) formed
a dense and continuous canopy along the
bulkhead, on dock pilings around the
dock, and other structures along this
portion of the Harbor Entrance Channel.
Kelp canopy extended approximately 5 to
10 ft from the bulkhead, and within 5 feet
of the dock perimeter. Its abundance
during the 2010 survey is partially
accounted for by the very cool summer
water temperatures, as observed during
this survey and its overstory canopy was
observed to shade the bayfloor in the
vicinity of eelgrass patches and beds. By
March 2011, however, the kelp canopy
had all but disappeared (Rick Ware, pers.
obs., 12 March, 2011).
Dominant
Macro-invertebrates observed during the
fauna:
dive survey included the spiny sand star
(Astropecten armatus), octopus (Octopus
bimaculatus) the tube-dwelling anemone
(Pachycerianthus fimbriatus), the
California golden gorgonian (Muricea
callfornica), striped sea slug (Navanax
inermis), California spiny lobster
(Panuhrus interru tus), kellet's whelk
(Kelletia kelletii), gaper clam (Tresus
nuttallii), and the ornate tube worm
Diopatra ornata. Fishes observed
included mullet (Mugil cephalus), topsmelt
(Atherinops of nis), senorita (Hahchoeres
semicinctus), Califomiagaribaldi
(Hypsypops rubicundus), black perch
(Ambiotoca jacksoni), shiner perch
(Cymatogaster aggregaia), kelp bass
(Paralabrax clathrates), bared sand bass
(P. nebulifer), unidentified turbot
(Pleuronichthys sp.), and round sting ray
Urolo hus halleri .
Exotic
Sargassum muticum; Zoobotryon
species
verticillatum
encountered:
Other site
None
description
notes:
Description of Survey
Survey date
July 3&, and August 26 , 2010
Effort: (please describe
and time
the surveys conducted
period:
including type of survey
(SCUBA, remote video,
etc.) and survey methods
employed, date of work,
and survey density
(estimated percentage of
the bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
Range of visibility 5 to 20 ft
visibility in
water:
Survey type The survey area is shown in Figure 6.
and The survey area was 25 meter wide by 29
methods: meter long. A total of ten, 29 meter long
transects were swam perpendicular to the
shoreline at distances of 3 meters apart
between the bulkhead and 10 meters past
the end of the existing dock structure.
Of the 6,994 sq ft of bottom habitat within
the Area of Potential Effect (APE), 100%
of the bottom habitat was covered during
the subtidal survey due to the excellent
underwater visibility during the survey (up
to 20 ft).
Eelgrass (Zostera marina) was present
within the project area boundaries,
totaling totaled 3,858 square feet (sq ft), or
0.089 acres.
Eelgrass turion counts were made within
all of the vegetation surrounding the 2222
Channel Road dock. Counts within
eighteen, 0.07 sq meter replicates counts
were recorded. Mean tuuion density within
the project area was 105.9 +/19.6 turions
per square meter.
Bottom type, common marine life, and
the presence or absence of Caulerpa
taxifolia and Zostera marina was noted.
Depths were standardized to Mean Lower
Low Water (MLLW) based upon time of
observation and tidal corrections for the
Corona del Mar/Newport Bay Entrance
Channel NOAA tide station.
Where eelgrass was located, divers buoyed
the location and continued the
reconnaissance survey. Once the
reconnaissance survey was completed,
GPS (Global Positioning System)
technology and a Thales Mobile Mapper
GPS/GIS Unit were used to map eelgrass
areas. A biologist in a kayak equipped
with the GPS followed a SCUBA -diving
biologist who towed a surface buoy to
mark the perimeter of the eelgrass
vegetation. Small patches that were too
small for mapping were recorded as point
values and an estimated size of the patch
was determined by the diver.
The estimated GPS error of the Thales
Mobile Mapper unit with post-processing
correction was approximately 1 meter.
GPS data were initially entered into the
Mobile Mapper Software and then
transferred into GPS TRACKER and
ARCVIEW GIS software. The amount
of eelgrass habitat in the survey area was
calculated using ARVIEW 9.3 and
Mobile Mapper Software, and distances
from the eelgrass vegetation to the
existing docks and the bulkhead was were
calculated to assist in determining
potential project impacts on eelgrass bed
resources.
Survey
Rick Ware, Senior Marine Biologist and
personnel:
Tom Gerlinger, Marine Biologist, CRM
Survey
A total of 25 underwater transects
density:
(averaging 122 ft long) were swam
between the bulkhead and out past the
dock line. These transects were spaced
approximately 3 meters apart during the
recon survey. From this recon survey,
the eelgrass bed perimeters were mapped
and eelgrass turion densities counted.
100% of the bottom habitat was surveyed
during the field investi ation.
Survey,
None.
Limitations:
Other Information: (use See attached project figures.
this space to provide any
additional information or
references to attached
materials such as maps,
Figure 3. Photograph of Existing Dock at 2222 Channel Road
to
Table 1. Components of Existing and Proposed Doe k System
Component
Existing 2222
Proposed 2218
Proposed 2222
Channel Road
Channel Road
Channel Road
Pier
20' x 5' wood pier
20' x 8' 6" wood
20'x 8" wood frame
frame
Globalgrid
Globalgrid
fiberglass num-
fiberglass mini-
mesh grating, is 1 -
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit
fine grit
Gangway
24' x 4' wood pier
4' x 24'6"wood
4' x 24' wood frame
frame
Globalgrid
Globalgrid
fiberglass mini -
fiberglass mini-
mesh grating, is 1 -
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit
fine grit
Floating Dock
20'x 12' wood dock
20'x 12" wood
20' x 12' wood
Globalgrid
Globalgrid
fiberglass mini-
fiberglass mini -
mesh grating, is i-
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit' wood
fine grit
Piling for Pier
16" sq pile (base)
16" sq concrete
16" sq concrete
7'8" wide (top)
(base)
(base)
7'8" wide concrete
7'8" wide concrete
(top)
(top)
Pilings for Dock
Two, 12" sq concrete
Two, 12" sq concrete
Two, 12" sq concrete
I
piles
I piles
piles
11
CITY OF NEWPORT BEACH
PROJECT
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OWNER : Mr. CAROL HELOU
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JOB ADDRESS :2218 CHANNEL ROAD
CONTRACTOR: SHELLMAKER. INC.
EST 97th STREET
837 WCOSTA
DATE
NEWPORT BEACH, CA 92661
MESA, CA 92627
02/15/1)
Figure 4a, 2218 Channel Road Dock, Plan View
12'
CITY OF NEWPORT BEACH
PpoJECT
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SOUNDINGS ARE EXPECTED IN
FEET AND GENOTE ELEVATIONS
DOCK, PAINO, P161t A OANOWAY F6FYATION N"Ts,
BASED ON MEAN LOWER LOW
WATER.
OWNER : Mr. CAROL H_ ELOU
LOT
-
LOCK
_ _ _ _
CONTRACTOR: SIICLLMARER, INC.
DATE
JOB ADDRESS :2218
837 WEST STREET
02/15/11
RT BEACH, CA
NEWPORT BEACH, CA 92861
MESA.
COSTA MESA, CA 92827
Figure 4b. 2218 Channel Road Dock. Cross -Section
13
CITY OF NEWPORT BEACH
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VICINITY MAP
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OWNER ! Mr. JOHN ABELL
LOT
f13LOCK
JOB ADDRESS.!NEWP CHANNEC
CONTRACTOR: SHELLMAKElR INC.
DATE
NEWPORT BEACH, CA 92@61
,CA
837 WEST 17th STREET
02/15/17
-
COSTA MESA. CA 92627
Figure 5a. 2222 Channel Road Dock PlanView
14
CITY OF NEWPORT REACH
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DOCK , PILIND, PIER A GANGWAY EMATION N.T.S.
- BASED MEAN LOWER LOW
WATER,
OWNER ! Mr. JOHN ABELL
ILOT
BLOCK
J08 ADDRESS 2222 CHANNEL ROAD
CONTRACTOR. `HELLMAKER. INC.
GATE
NEWPORT BEACH, CA 926C1
COS WEST STREET
02/15/1t
COSTA MESA. CA -92827
MESA.
Figure 5b. 2222 Channel Road Dock Cross Section
15
2222 and 2218 Channel Road Dock Project.
Position of New Docks and Eelgrass Habitat
2222
2218
Grated Pier and Gangway- Eelgrass Patches e
�\ Grated Pier and Ga gway
Eelgrass
°
Eelgrass
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Figure 6.
16
Caulerpa taxifolia Survey Reporting Form
2218 and 2222 Channel Road, Newport Beach, CA
Survey Dates:
30 July and 26 August, 2010
Prepared by: Coastal Resources Management, Inc.
PMB 3279 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. John Abell
2222 Channel Road
Newport Beach, CA 92660
Q n
��'�W39Vt�a`7
July 19th, 2011
I
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 controlling the costs of reporting
while ensuring that the required information necessary to identify and
control any potential impacts of the authorized actions on the spread of
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,
please contact: Robert Hoffman, National Marine Fisheries Service (NOAA
Fisheries), (562) 980-4043, or William_Paznokas, California Department of
Fish & Game, (858) 467-4218).
Coastal Resources Mamgement, Inc. YM13 327, 3334 li. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cnn@earthlink.net
Report Date:
July 19 , 2011
Name of bay, estuary,
Newport Bay
lagoon, or harbor:
Specific Location Name:
Newport Harbor Entrance Channel, in front of 2218 and 2222 Channel
Road, on the Balboa Peninsula, See Figures 1, 2, and 3.
Site Coordinates:
330 35.89' N, 1170 52.95' W.
(UTM, Lat./Long., datum,
accuracy level, and an
NAD 83. Accuracy within 1 meter. See accompanying figures of
electronic survey area map
locations.
or hard copy of the map
must be included).
Survey Contact: (name,
Rick Ware, Senior Marine Biologist, Coastal Resources Management,
phone, e-mail)
Inc. (949) 412-9446, rware.erm&earthiink.net
Lisa Miller, Shellmaker, Inc. Shellmaker(a)sbealobal.net
Personnel Conducting
The survey was conducted by Mr. Rick Ware (certified Caulerpa
Survey (if other than
Surveyor) and Tom Gerlinger (Skipper/Technician) of Coastal
above): name, phone,
Resources Management, Inc.
email
Permit Reference:
None: Application process in progress
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
First
survey for thisproject?
Was Caulerpa Detected?:
No
(if Caulerpa is found, please
immediately contact NOAA
Fisheries or CDFG personnel
identified above)
Coastal Resources Management, Inc. PUB 327, 3334 E. Coast Iiighway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email:rware.crm@earthlink.net
Description of Permitted
The property owners subdivided the existing lot into a 36 ft-wide lot at
Work: (describe briefly the
2218 Channel Road (Carol Helou, property owner), and a 35 ft-wide lot
work to be conducted at the
at 2222 Channel Road (John Abell, property owner). A new home will
site under the permits
be constructed on each lot, and each property will have new dock system
identified above)
in front of the residence. The dock systems are being designed by
William Simpson and Associates, Inc. Shellmaker Inc. is the project
contractor. The dimensions of the existing dock system components at
2222 Channel Road and the new dock system components at 2218 and
2222 Channel Road are summarized in Table 1. Plan views of the
existing and proposed dock systems are shown in Figures 4 and 5.
The project applicant has integrated state-of-the art Best Management
Practices (BMPs) in the construction of the docks to avoid and limit
potential impacts to eelgrass. For each platform type that has a
potential to shade the bayfloor (pier, gangway, and floating dock)
grated panels will be used as decking to allow for light to pass through
the structures, reducing shading impacts, and providing light for
eelgrass to grow beneath the grated structures. The pier, gangway and
the floating dock will be paneled with Globalgrid fiberglass mini-mesh
grating, is 1-1/4" thick, fire retardant, colored light gray, and covered
with extra fine grit. The material is UV retardant. The grating is
manufactured by FRP Resource LLC, Arcadia, CA 91006. A single
concrete "T" piling will support each pier, while each dock will have
two, 12-inch square concrete guide piles.
Depth range:
-0.5 to -12 ft MLLW based on Corona del Mar
Description of Site:
Newport Entrance Channel Tide Station
(describe the physical and
Substrate type:
fine sand to silt
Temperature:
Water temperatures as measured by underwater data
biological conditions within
the survey area at the time of
loggers over 24-hour periods for 20 days were
the survey and provide
extremely cool for summer periods and averaged
insight into variability, if
63.8 OF at a depth of 0.3 meter below the surface
known. Please provide units
ranging between 55 OF and 68.1 OF (n=5,210, five-
for all numerical
minute replicates). Mean bottom water temperature
information).
at a depth of -5 ft MLLW averaged 61.9, ranging
between 53.8 OF and 67.7 OF (n=5,456). Normal
summer water temperatures vary from
approximately 66-70 degrees F.
Salinity:
25-33 ppt
Dominant flora:
Eelgrass (Zostera marina) was present within the
project area boundaries, totaling totaled 3,858
square feet (sq ft), or 0.089 acres. Eelgrass depth
limits varied from -2.0 to -12 feet Mean Lower Low
Water, and extended from the shallow habitat near
the bulkhead to the slope of the main channel.
Eelgrass was not found beneath the pier or the
Coastal Resources Management, Inc. PNM 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: r m.crm@earfhlink.net
Exotic species
encountered
(including any
other Caulerpa
gangway of 2222 Channel Road, although it did
extend beneath the pier and gangway of the dock
immediately south of the 2222 Channel Road
property.
Giant kelp (Macrocystis pyrifera) formed a dense
and continuous canopy along the bulkhead, on
dock pilings around the dock, and other structures
along this portion of the Harbor Entrance Channel.
Kelp canopy extended approximately 5 to 10 ft
from the bulkhead, and within 5 feet of the dock
perimeter. Its abundance during the 2010 survey
is partially accounted for by the very cool summer
water temperatures, as observed during this survey
and its overstory canopy was observed to shade
the bayfloor in the vicinity of eelgrass patches and
beds. By March 2011, however, the kelp canopy
had all but disappeared (Rick Ware, pers. obs., 12
March, 2011).
Macro -invertebrates
dive
survey included the spiny sand star (Astropecten
armatus), octopus (Octopus bimaculatus) the tube -
dwelling anemone (Pachycerianthus fimbriatus),
the California golden gorgonian (Muricea
californica), striped sea slug (Navanax inermis),
California spiny lobster (Panuhrus interruptus),
kellet's whelk (Kelletia kelletii), gaper clam
(Treses nuttallii), and the ornate tube worm
Diopatra ornata. Fishes observed included mullet
(Mugil cephalus), topsmelt (Atherinops affinis),
senorita (Halichoeres semicinctus), California
garibaldi (Hypsypops rubicundus), black perch
(Embiotoca jacksoni), shiner perch (Cymatogasier
aggregata), kelp bass (Paralabrax clathratus),
barred sand bass (P. nebulifer), unidentified turbot
(Pleuronichthys sp.), and round sting ray
Sargassum muticum; Zoobotryon verticillatum
Coastal Resources Management, Inc. YMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cm@eartlilink.net
Other site
None
description notes:
Description of Survey
Survey date and
July 30 , and August 26 , 2010
Effort:
time period:
Description of Survey
Horizontal
Range of visibility 5 to 20 ft
Effort: please describe the
visibility in water:
Survey type and
The survey area is shown in Figure 6. Thery
surveys conducted including
type of survey (SCUBA,
methods:
area was 25 meter wide by 29 meter long. A total
remote video, etc.) and
of ten, 29 meter long transects were swam
survey methods employed,
perpendicular to the shoreline at distances of 3
date of work, and survey
meters apart between the bulkhead and 10 meters
density (estimated
past the end of the existing dock structure. Of the
percentage of the bottom
6,994 sq ft of bottom habitat within the Area of
actually viewed.
Potential Effect (APE), 100% of the bottom habitat
was covered during the subtidal survey due to the
excellent underwater visibility during the survey (up
to 20 ft).
A 20% coverage minimum is required. Bottom
type, common marine life, and the presence or
absence of Caulerpa laxifolia and Zoslera marina
was noted. Depths were standardized to Mean
Lower Low Water (MLLW) based upon time of
observation and tidal corrections for the Corona
del Mar/Newport Bay Entrance Channel NOAA
tide station.
Describe any limitations
Survey personnel:
Rick Ware, certified Caulerpa surveyor, Ms. and
encountered during the
Mr. Tom Gerlinger (skipper/technician).
survey efforts.
Survey density:
Ten, 29 -meter long underwater transects spaced 3
meters apart.
Survey limitations:
No survey limitations.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cm@eartlilink.net
other Information: See attached project
(use this space to provide
additional information or
references to attached maps,
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
Coastal Resources Management, Inc. YMB 327, 3334 E. Coact Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@ear[hlink.net
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.etm@eartWink.net
Figure I Photograph of Existing Dock at 2222 Channel Road
Coastal Resources Management, Inc. PMB 327, 3334 F, Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.ernr@earthlink.net
Tahle. t- ramnnnents of Existing and Pronosed Dock Svstem
Component
Existing 2222
Proposed 2218
Proposed 2222
Channel Road
Channel Road
Channel Road
Pier
20' x 5' wood pier
20' x 8' 6" wood
20' x 8" wood frame
frame
Globalgrid
Globalgrid
fiberglass mini -
fiberglass mini-
mesh grating, is 1 -
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit
fine grit
Gangway
24' x 4' wood pier
4' x 24'6"wood
4' x 24' wood frame
frame
Globalgrid
Globalgrid
fiberglass mini -
fiberglass mini-
mesh grating, is 1 -
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit
fine grit
Floating Dock
20' x 12' wood dock
20'x 12" wood
20' x 12' wood
Globalgrid
Globalgrid
fiberglass mini-
fiberglass mini -
mesh grating, is 1-
mesh grating, is 1-
1/4" thick, fire
1/4" thick, fire
retardant, colored
retardant, colored
light gray, and
light gray, and
covered with extra
covered with extra
fine grit' wood
fine grit
Piling for Pier
16" sq pile (base)
16" sq concrete
16" sq concrete
7'8" wide (top)
(base)
(base)
7'8" wide concrete
7'8" wide concrete
(top)
(top)
Pilings for Dock
Two, 12" sq concrete
Two, 12" sq concrete
I
Two, 12" sq concrete
files
pilespiles
Coastal Resources Management, Inc. PMR 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.erm@earddink.net
10
CITY OF NEWPORT BEACH
21T!
J J
f e
C
i
VICINITY MAP
NEWPORT BAY. CALIFORNIA
2210
U.S BULKHEAD LINE CHANNEL -ROAD
r9�- r
I
35 00' VVV 36.00
•.= ,
w' -8'-6"
I
I LPSG Wo rlEx, SEE 9
V -O"
PILE, SEE T p
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a I
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tt
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(N) 12'.54 atl1E
PILE AT 44fx TYP
rwrAl of 2) sEE s a I 1� oP4inn
LwE
PtwE4wunox
a PeceEeTr IpY - 20'-0 9'-0" j
U.S. PIERHEAD LINE �.
7-0^ALI�
�
OR LAYOUT NEWPORT BAY NOa
OWNER : Mr. CAROL HELOLI
LOT -
LOCK
JOB ADDRESS :2212 CHANNEL ROADDATE
CONTRACTOR: SHELLMAKER, INC,
837 WEST 17kh STREET
NEWPORT BERCI-I, CA 92661
CO
COSTA MESA, CA 92627
02/15/11
Figure 4a, 2218 Channel Road Dock, Plan View
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.erm@earddink.net
11
CITY OF NEWPORT BEACH
PROJECT
EIrE
` 1
`r
VICINITY MAP
NEWPORT BAY. CALIFORNIA �.
W
un mwrm
[YE A_EVnN1CO' Y.LLV. T1
_�,®
_\
_t.0
*ro iRi LMO MW9MX
wrz amw
p)naamc vxn
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_U[ oxma uev
bas Y,*w.
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CMC RlL 8E oE1W.1-1 119
NXY MG Y£ [fIIA
SOUNDINGS ARE EXPECTED IN
FEET AND DENOTE ELEVATIONS
POCK PI1,IN0. PIER a GANGWAY ELEVATION n.rs. BASED ON MEAN LOWER LOW
WATER.
-LOCK
OWNER i Mr. CAROL MELOU.
-
LOT
_
CONTRACTOR:
St1ELLMAKER, INC.
DAA ;
AD
J00 ADDRESS •NEWPORT
837 WEST 17th STREET
02/15/11
BEACH,OCA 92661
COSTA MESA,CA 92627
-
Figure 4b. 2218 Channel Road Dock. Cross -Section
Coastal Resources Management, Inc. PMB 327, 3334 B. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earNink.net
12
CITY OF NEWPORT BEACH
;tet.
PROJECT
4ITE
"^
Q
VICINITY MAP
NEWPORT BAY, CALIFORNIA ,owm
44'20
_ CHANNEL ROAD _
I
ep;.
(NJ &-e' NIDE. 20'
tRXG W.PER =D I U.S. BULKHEAD LINE—
5.5 -
(N) CON C - 1 B'-sn O
S3
I II
1 Q
I .II 1 I
MDF:. 21'-0" LC
M) CANCWAY-�--
I 4-3 O I t
cl
tN I `V
rI 20' O
OANNG DOM_SCG SIGN TIXI.
O O'er--
O
Pnd ONCATON
i i
Or PNOPEAw
Air M CONW N I I
P9E Ai WM -GE
(TOTAL OF 2) Sols s a
MOLOMAIDN F.I I
"OpWTY use 1 20'.-0" 10'-0' I I
- U.S. PIERHEAD. LINE
__—e_,--_.—_� — ��
IN] LAYOUT NEWPORT BAY
_-
R : Mr. JOHN ABELL - — -LPT
- —
LOCK
rJOW8ODRE55 ; 2222 CHANNEL ROAD
CONTRACTOR: SHELLMAKER, INC,
837 WEST 17th STREET
DATE.o
02/15/11
NEWPORT BEACH, CA 92661
COSTA MESA, CA 92627
Figure 5a. 2222 Channel Road Dock Plan View
Coastal Resources Management, Inc. PMB 327, 3334 F. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.erm@earthlink.net
13
CITY OF NEWPORT BEACH
PROJECT..
arca . f.
C 4 f
.J
1
VICINITY MAP_
NEWPORT BAY, CALIFORNIA
C xO YNW fl91
_�&�
W)MOA CMLWY. SfE
Mw..
lmG 1WNHmN
1M0 {FEf
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OY.t NIF.. F£ CEIMe
Q
�.----- :a
SOUNDINGS ARE EXPECTED IN
FEET AND DENOTE ELEVATIONS
DOCK PILING. PIER& GANGWAY ELEVATION xrs BASED ON MEAN LOWER LOW
WATER.
OWNER Mr. JOHN ADELL
LOT. -
-
LOCK
SHELLMAKER. INC.
DATE
JOB ADDRESS :2222 CHANNEI- ROADCONTRACTOR:
837 WCST 17th STREET
02/15/11
NEWPORT BEACH, CA 92661
COSTA MESA. -0A 92627
Figure 5b. 2222 Channel Road Dock Cross Section
Coastal Resources Management, Inc. PIM 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.erm@earthlink.net
14
Coastal Resow'oes Management, Inc. PW 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) eniait:rw-,tre.eiin@earthlink.net
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
August 3, 2011
Property Address: 2222 Channel Road
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 maybe 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
7. 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.
10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the
float is 10'.
11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the
float is 5'
Lisa Walters, Harbor Resources Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
�e�+rvoRr
v Worksheet for Building Combo Permit Application17 11 o t ,' a
rent Form ' City of Newport Beach - Building Department
HARBOR RESO�R
Please print 3 copies
F- Building F: Grading (—•••._Drainage 1`` Elec F_ Mech CIP( Oki NEWPORT BEACH
1. Project Address (Not mailing address) F j S�ife�IL
40
Tenant Name(if Applicable) F -7,
N Units (if Residential)
Z. Description of Work __ Use
Valuation $ ; .<
Extg Building SF�Y, Demo Building SFC _. Add/Reconstruct Bldg SF
Extg Gar sf F_ Demo Garage sf'. Add/Reconstruct Garage sf # Stories F
TOTAL BLDG SF F 4 Cu Yd Cut
(^ .New r Add (— Alter (;Demo
i�.1.. TOTAL GARAGE SF Cu Yd Fill
Check ADDrooriateiBox for Applicant
3. Owner's Name Last A:,._s 1, t
First
Owner's Address
Owner's E-mail Address
City r,;,
State i
pp.
Zip: I' TelephoneFT
_ ,
,
(�
F_ 4. Architect/Desi ner's Name Last
g
First
_ !
Lic. No.
),.
Architect/Designer's Address
Architect/Designer's E-mail Address
City w
State F_r...
Zip C� Telephones:
{` 5. Engineer's Name Last },
wf « f 't
First �4
LIc No.
Engineer's Address
'. Engineer's E-mail Address
r"`
�.:
City ':t ;._ .r r rt <:i
State s," t
Tele hone,--td_r
Zip , / (,>:? p
6, Contractor's Name
First F Lic No. F_
Class'
Last
` Contractor's Address
Contractor's E-mail Address
City
State F^
Zip F_ Telephone.
OFFICE USE ONLY :ENERGY P/C FEE $
MC 73 2010 PERMIT NO..; -4
GRADING P/C FEE $
FIRE P/C FEE $
PLAN CHECK NO
I
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�rt-n AI'F'
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,
Rev 4/76109. ELECIMECH/PLUM P/C FEE $
f11 �r
PLAN CHEC FEE.t$
..F-. ..............
Fur Vf L uull[
T.N. ..............TOP
OF NAILER
T.O. ..............TOP
OF
T.O.P.,
.......... TOP OF PARAPET/PANEL
T.O.S.
.......... TOP OF STEEL
TOT ...
.........TOTAL
TRANSF
....... TRANSFER
TRANSV
....... TRANSVERSES
TS ...............
TUBE STEEL
T.S. .............
TOP OF SLAB
T.W. .............
TOP OF WALL
TYP .............
TYPICAL
U.N.O.
..........UNLESS NOTED OTHERWISE
VERT ...........
VERTICAL
V.I.F. ...........
VERIFY IN FIELD
W/ ...............
w.m
WD ..............
WOOD
W ................
WIDE FLANGE
W/O ............
WITHOUT
W.P. ...............WORK
POINT
W.R. .............
WATER RESISTANT
WT ...............
WEIGHT
W.W.F.
.......... WELDED WIRE FABRIC
X .................
EXTRA STRONG
XX ...............
DOUBLE EXTRA STRONG
.............. AT
.... CENTER LINE
DIAMETER
12 PLATE OR PROPERTY LINE
iE ........... STEP IN FOOTING
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.R THOROUGHLY EXAMINING THE CONSTRUCTION DOCUMENTS AND THE SITE:
NOTIFY THE ARCHITECT ANC/OR THE ENGINEER IN WRITING, REGARDING ALL
DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE `BID SUBMITTAL".
F THE ARCHITECT AND/OR THE ENGINEER IS NOT NOTIFIED, AS REQUIRED PER
TEM #1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED
-H�DrOIJATEMOST CONTINGENCY IN HIS _ 0 TO COVER ALL COSTS TO COMPLY WITH
HE MOST STRINGENT CONDITIONS.
'HE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION
OR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE 310".
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