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M2014-0028
S g14T op 4 `°n y Td'Tr.liF.S O4 e�w4 • • Regulatory Division Doreen Borke c/o Jacquelyn Chung Swift Slip Docks DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 - April 23, 2014 2027 Placentia Avenue Costa Mesa, California 92627' Dear Ms. Borke: Reference is made to your request (File No. SPL -2013 -00 5 73 -JPL) fora Department of the Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below in Newport Harbor within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, and as shown on the attached drawing(s)/map(s), you are authorized to: 1. Remove an existing 32 -foot by 42 -foot "U" shaped dock, a 3 -foot by 20 -foot gangway a 2 -foot by 5 -foot pier, with a total overwater coverage of 590 square feet, and replacing it with a new 26 -foot by 49 -foot "U" shaped floating dock_ , and a 3 -foot by 24 -foot gangway (5 -feet by 3 -feet of which would be landward of the bulkhead), with 585 square feet of overwater coverage within the project site. 2. Remove three (3) 14 -inch square concrete guide piles and replaced them with three (3) new 14 -inch square concrete guide piles. 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. In addition, please nse the two attached forms 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 of Engineers has established an Administrative Appeal Process which is fu11y described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason.P.Lambert@usace.army.mil. -2 - Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army mii/surveil. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division PERMITTEE 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 Enclosure(s) Please be advised that you can now comment on yoi- experience with Regulatory Division t y accessing the Corps web -based customer survey Toni+ at. ktttp:/ W2.mM.us=.armv.millsurvevJiUW. Sinckrely, Corite I Farrar Chiek, Orange and Riverside Counties Section South Coast Branch Regulatory Division PERMITTEE DATE When the structures or work authorized by this mit are still in existence at the time the property is ttansferired, the terms and conditions of this OP will continue to be blinding on the new owner(s) of the property. To validate the transfer of this] peanit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE Enclosure(s) STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 200 Oceangate, 10th Floor Long Beach, California 90802.4416 - -PH (562) 590-5071 FAX (562) 590-5084 - April 18, 2014 Permit No. 5-13-0637 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on January 28, 2014 and was reported to the Commission on February 13, 2014 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director Jeffrey Rabin Coastal Program Analyst STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 - Long Beach, CA 90802-4302 (562) 590-5071 Application No.: Applicant: Agent: Location: Th7a Staff J. Rabin -LB Date: January 23, 2014 ADMINISTRATIVE PERMIT . E CC3 E 1' Soutk Coclst Region 5-13-0637 'ER 1 02014 Doreen Borke CALIFORNIA-', Swift Slip Dock &.Pier Builders, Inc. COASTAL COMMISSION 604 South Bay Front, Newport Beach (Orange County) Project Description: Remove -existing pier, pier platform, and gangway and replace with a new 53' x 4' pier, a 10' x 12' pier platform,and a 3' x 24' gangway. A new deck surface would be installed on the existing 22" x 14' floating dock. Total water coverage would drop from 716 square feet to 700 square feet, a decrease of 16 square feet. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, February 13, 2014 — 8:30 a.m. The Cliffs Resort Hotel 2757 Shell Beach Road Pismo Beach, CA 93449 IMPORTANT - Before you may proceed with development the following must occur, Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. 5-13-0637 (Borke) Administrative Permit 10 BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Analyst SPECIAL CONDITIONS: See pages five through nine. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. .FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION The subject site is located at 604 South Bay Front in the City of Newport Beach (Exhibit 1). Large single-family residences with private docks characterize the subject site and the surrounding area (Exhibit 2). The proposed project would remove the existing 57' x 4' pier, 10' x 12' pier platform, and 3' x 20' gangway. Those facilities would be replaced by -a new 53' x 4' pier, al 0' x 12' pier platform, and a 3' x 24' gangway. The existing 22' x 14' floating dock would remain. A new dock surface would be installed. The project would shorten the existing pier by 4 feet, which would. move the pier platform 4 feet closer to the bulkhead. Total water coverage would decrease from 716 square feet to 700 square feet (Exhibits 3 and 4). Five existing 14" square concrete T -piles would be removed. They would be replaced by four 14" square concrete T -piles. Two existing 12" square concrete piles would be removed and replaced. The dock project is associated with the existing single-family residence located across the public bicycle/pedestrian path from the site. The dock and related facilities will be used for boating related purposes. As required by the City of Newport Beach Harbor Resources Division, a preliminary eelgrass (Zostera marina) survey was conducted on July 18, 2013. Eelgrass was discovered within the project area, including the area beneath most of the existing pier platform, most of the current gangway, and next to three sides of the floating dock (Exhibit 5). 2 5-13-0637 (Borke) Administrative Permit At the request of Commission staff, a second eelgrass survey was conducted on September 18, 2013 to pinpoint the location of the existing eelgrass. That survey showed that eelgrass was present beneath the existing pier platform and part of gangway, but the extent of the eelgrass was less than that found in the initial July 18, 2013 survey (Exhibit 6). Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August -October shall be valid until the resumption of active growth (i.e., March 1). The subject project is on the agenda for the Coastal Commission's February 2014 meeting, so the second eelgrass survey is still valid. As required by the City of Newport Beach Harbor Resources Division, a preliminary Caulerpa taxifolia survey was done on July -18,-2013. No Caulerpa taxifolia was found. A second Caulerpa taxifolia survey was conducted on September 18, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the Coastal Commission's February 2014 meeting. The Caulerpa taxifolia survey is not valid since more than 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions 2 and 3, which identify the procedures to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition 3 also identifies the procedures to be completed prior to beginning any construction. Local Government and Other Approvals The proposed.project has received Harbor Permit Number 225-604 and Plan Check Number 1241- 2013 from the City of Newport Beach Harbor Resources Division (Exhibit 4). The applicant's - agent has applied for approval from the Santa Ana Regional Water Quality Control Board (RWQCB) and the U.S. Army Corps of Engineers. The City of Newport Beach has imposed Special' Condition 4 on their Harbor Permit for this project. "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted." Compliance with this City -imposed condition will contribute toward the project's consistency with Section 30233 of the Coastal Act. As part of its Harbor Permit for the project, the City of Newport Beach also has imposed Special Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side." The City also included Special Condition 9, which says: "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." The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 18'. The City's Special Condition 11 states that the maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 5'. 5-13-0637 (Borke) Administrative Permit B. PUBLIC ACCESS The subject site is located on the south side of the Balboa Island in the City of Newport Beach. The nearest public access to Newport Bay is located next to the pier. Public access to the beach and along the sandy shoreline is available from the adjacent public bicycle/pedestrian path. Some of the piers may limit lateral access along the beach at high tide. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. C. MARINE RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. D. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post -construction Best Management Practices (BMPs). As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. E. LOCAL COASTAL PROGRAM Coastal Act section 30604(a) states that, prior to certification of a local coastal program ("LCP"), a coastal development permit can only be issued upon a finding that the proposed development is in conformity with Chapter 3 of the Act and that the permitted development will not prejudice the ability of the local government to prepare an LCP that is in conformity with Chapter 3. The Land Use Plan (LUP) for. the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. 4 5-13-0637 (Borke) Administrative Permit F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore,. the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion.. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within_ 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be.allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. 5-13-0637 (Borke) Administrative Permit (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) 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. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper_ handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 3 5-13-0637 (Borke) Administrative Permit b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a_ proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills_. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid .materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera 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 7 5-13-0637 (Borke) Administrative Permit condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post -Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to uU«,,,,,11r, ,l ally ccigrass was adversely impacted. 1 ne survey snail ne 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 Wildlife. 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. 3. Pre -construction Caulerpa Taxifolia 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 applicant- 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 taxifolia. 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 Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted 8 5-13-0637 (Borke) Administrative Permit through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Bryant Chesney, National Marine Fisheries Service (562/980-4037), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all Caulerpa taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with Caulerpa taxifolia. 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. 4. 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 property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: 1. 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 term or condition will be resolved by the Executive Director or the Commission. 4, Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the .intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 9 5-13-0637 (B.orke) Administrative Permit ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 10 5-13-0637 (B.orke) Administrative Permit ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents includin all conditions. Applicant's Signature Date of Signing 10 MY OF NEWPORT BEACH CITY OF NEUPORT BUM RBT Pi3CIrIC OCICRA, MINITY HRP WN�CRT MY, cam LU 12 0 (D 2 cn to ul cn co tjj Z -Fv 0 w w z i CA 01 0 1110 c.n .o,i Region 5-13-63T 13 CALIvORNIA COASTAL C0,4,\11S'100 -- (4, ix,ao, Cal forni oa s i n Day South Cost DiS'trict q five APPROVE 7 Permit No -------- EFFECTIVE MST SUMINGS AREEXPRESSED In-rfff-"WqD DEMTE ELEVATIONS BASED ON MEAN LOWER LOW I9TER, -77 �F� ��- �c�:, .P�- did Lam ........... ... *Oax n I z 61, r7l 2 bq. V 00 V viousk al�d Sall sc( and - liv �, PIP- 7 OB sq- qToac vera%` ,t,Ta0vp- "otax of A it av ve�matey co �oy scl* 0 a e, VIAan 0 vqWb 11p of A sq -mvlace ,,,,,,,ase, . vete ,a I asp- C0,10- T D�Ap— jo� , sq� e, CA 0 ase 0 co-acc , p1le e cvae 'a aecf 'Relovp- sq Coll ljp JOY q�aTe -�fieJo,je- 9 sval rol 14 14 it. i fill I sq-, 0 OB sq. �e seek ex�A r DYII CDP 5-13-0637 Exhibit 4 CMT's WMEI)Df�v� v- vj 9�vE woRk DIVE WORKS (949) 759-0773 604 S Bay Front 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Figure 2. Proposed Dock for 604 S iia Front, Newelort aschVeyJuly 18, 2013 i �Rb•�� i Cl��- tv t� --- �7 d �V06ply '7121j i i 12bthd6p�6 +33.604182a ." 3X2�gQYb s� -117.895285' .. 5-10 Turions sqR 1 length arq 2540 Turionssgft J1 Deogth a g I 5 5F 44 f �I p Tcanseds 57 3' III Survey Area 2 , f V1Yl2i t ' t � I4 bull r 1:20 ! .o W4ror3�- Figure 3. Eelgrass Und( PRELIMINARY SURVEY Page 6 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey September 18, 201-3 Figure 2. Proposed Dock for 604 S Bay Front, Newport each South Coasi Region OCT 1 7 2013 CAUFORNIA 1 5, PRELIMINARY SURVEY Page 7 of 11 Par. U Leftend Grid S'x 5' —5 Twiom sqft —25-30 Tursiorn s —40 Tu,ions sqft U South Coasi Region OCT 1 7 2013 CAUFORNIA 1 5, PRELIMINARY SURVEY Page 7 of 11 ul e l Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122. 25 June 2013 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, California 92502 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove existing approach, pier, and gangway for a total of 408 sq. ft. Replace with new 404 sq. ft. approach, pier, and gangway for a decrease of 4 sq. ft. overwater coverage. Remove 2 — 12" square concrete guide pile and 5 — 14" T square concrete T pile. Remove 2 — 12" square concrete guide pile and 4 — 14" T square concrete T pile for a decrease of 1.1 sq. ft. of fill. Re -deck existing 308 sq. ft. floating dock. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: 2. Project Address: 3. Applicant Phone 4. Parcel Number: 5. Scope of Work: 6. Latitude/Longitude: 7. Applicable Fees: 8. Statement: Statement Doreen Borke 604 South Bay Front Newport Beach, California 92662 949.631.3121 050 10127 Remove existing approach, pier, and gangway for a total of 408 sq. ft. Replace with new 404 sq. ft. approach, pier, and gangway for a decrease of 4 sq. ft. overwater coverage. Remove 2 — 12" square concrete guide pile and 5 — 14" T square concrete T pile. Remove 2 — 12" square concrete guide pile and 4 — 14" T square concrete T pile for a decrease of 1.1 sq. ft. of fill. Re -deck existing 308 sq. ft. floating dock. N 33.604697 / W -117.895266 Enclosed is a check for the application fee. This notice is being submitted according to the Regional Board General Certification for sheet and dock pile replacement, issued on 29 September 2005. The information in this notice is complete and accurate. Please contact our office directly with any questions. Sincerely, Swift Slip Dock and Pier Builders, Inc. Jacquelyn Chung Permit Division 1111V -V) MIA V--, -- .— Propeft Address: 604 S. Say Front With reference to the plans currenVy under consideir�on at the above referenced address to reconfigure or modify �he dock system or bulkhead, the following conciftions will njow be in efrect: Page I of 2 a " d TcJco�GSOC CA a q - 10 >I 81 -4 d 0 7. In accordance with Muniapal Code 10.28.04d the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, white engaged in construction, remodeling, digging, grading, demolition, painting, pia9tering or any other related building activity, operate any tont, equipment or machine in a manner which produces 11oud :wise that disturbs, or could disturb, a person of normal sensitivity who works or resideiz 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 1-11olidays. 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 limes extend in the waterialong their same bearing. Vessels shall not encroach upon the neighboes property on eiiher side. 9. Vessels may not extend beyond the and of the fingers by more than the width of its beam except as otherwise noted in the Municipal iCode. 10. The maximum beam of a vessel that is permitted to side -tie to the westemmost side of the float is 18'. 11. The maximum beam of a vessel that is permitted oto side -tie to the easternmost side of the float is T. Lisa Waiters, Harbor Resources Date Applicant Signature Print Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 . E•d IE2E0b6S0E I das:To bi BT add 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 existing approach, pier and gangway. Remove and replace 2-12" guide pile. Remove 5-14" "T" pile and replace with 4-14" "T" pile. Re -deck existing 308 sq. ft. floating dock. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 604 S. Bav Front Legal Description: Harbor Permit Number: 225-604 Plan Check Number: 1241-2013 Applicant: Doreen Borke Applicant's Mailing Address: 604 S. Bay Front, Balboa Island, CA 92662 Phone Number: 949 -631 -3121 -Swift Slip I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use. of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: A 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. z c,— Lisa Walters, Harbor Resources July 30, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Pnnt Form Worksheet for Combo Building & Solar Permit Application r Comm'I r Residential ing Division NOTE: PILAN ty CHECK Fof NewportES DUE ATeach -I TME OF SUBMIRBOR RSOI rBuilding I— Grading F -Drainage F_ Elec F_ Mech r Plum Cu Yd CutFL-TT4 U T B I if Project Address (Not mailing address) I— Flood F_ Fire F Liq F' Land or u toNd, 1604 SOUTH BAY FRONT of Work iRemove existing approach, pier, and gangway. Replace with new approach, pier, and gangway emove and replace 2 - 12 guide pile. Kemove.5 - 14 1 pile an replace with 4 -14" T pile for a decrease of 1.1 sq. ft. of fill. Re -deck existing 308 floating dock. New/Add SF Remodel SF Garage/New/Add OWNER'S NAME Last Borke First Doreen Use r— Const Type # Storiesr— # Units (if Resr Valuation $ 49,000 Material/Labor Owner's Address Owner's E-mail Address 16425 Collins Avenue Unit 1211 Jacquelyn.chung@sbcglobal.net City Sunny Isles Beach State Florida Zip 33160-4541 Telephone 949.631.3121 APPLICANT'S NAME Last Applicant's Address 2027 Placentia Avenue City Costa Mesa State CA First Pete Applicant's E-mail Address lJacquelyn.chung@sbcglobal.net Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First F Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City State F Zip Telephone ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Suite #200 Jacquelyn.chung@sbcglobal.net City San Pedro State CA Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State CA Zip 92627 Telephone 949.631.3121 SETBACKS REAR 8S% �ACKS FRONT SETBACKS LEFT SETBACKS RIGHT PERMIT NO. _ PLAN CHECK`NU - USE ZONE CITY QF: N>"WFQjAfb�XM.ANT NO .i -L 13 ° 0 2-1 PLAN CHECK FEES $ ThrwF r` zrr--7f)r- CITY OF NEWPORT . o) ii 7 BER � II — ` `�' L I" - �. CITY OF NEWPORT SUCH lr PqCIF.rc OCe RN VICINITY MRP ►m► MY, au, z ® I I CL co o F Lu o o ® c r , c jo ui ca �LV WW uj ®® Iv 44toa,�Q1 �41er,a c+ � ao`d sA � Sr'0 V e egesta ota� °off sg a4q. gem {off p e o{ , Re41ace {°S aa4�ace2 e ore ata lrk' Alx ote cov gem ore 5 ldr' sA $ s4 Rem o a e' ell B BRY Z s � i 41lao. CITY OF NEWPORT BERCH Rik, k„ _ ._ _ u s..ai♦w CITY OF CK NEWPORT BEACH � � --. _.. x DRY PReTFIc oC EAN VICINITY MHP www Bff, aumm DRY Walters, Lisa From: Jacquelyn Chung <Jacquelyn.chung@sbcglobal.net> Sent: Wednesday, September 18, 2013 10:33 AM To: Walters, Lisa; Walters, Lisa Subject: Borke Attachments: Borke.PDF Lisa, My good friend, Jeffrey Rabin of the California Coastal Commission, is requesting an updated AIC stamp and signature for the Borke proposed dock improvement project at 604 S. Bay Front. Apparently, I made an error on the description. If you could please review, stamp, sign, and return the updated and corrected document to me I would appreciate it. So sorry for the inconvenience: Thank you, Jacquelyn Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. Permit Specialist 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office 949.631.3122 fax 1 Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Doreen Borke 604 South Bayfront Balboa Island, California 92662 Remove existing approach, pier, and gangway for a total of 4o8 sq. ft. Replace with new 404 sq. ft. approach, pier, and gangway for a decrease of 4 sq. ft. overwater coverage. Remove 2 -12 square concrete guide pile and 5 —14" T square concrete T pile. Remove 2 —12" square concrete guide pile and 4 —14" T square concrete T pile for a decrease of 1.1 sq. ft. of fill. Re -deck existing 3o8 sq. ft. floating dock. Document #1— Assessors Map Document #2 — Record of Parcel Survey Document #3 — Aerial View of Project Site Document #4 — Project Site Document #5 — Drawing of Exisiting Floating Dock Document #6 —Drawing of Proposed Floating Dock Floating Dock 2 —12" square pre -stressed concrete guide pile Remove and replace decking with 2 x 6 TREX Winchester Gray composite decking attached with stainless steel screws Remove and replace facia and rubstrip Re -install existing hardware with new bolts Gangway 24'x 3' dimensions 2 x 12 stringers Heavy duty hinge and axle wheel combination 3 x 4 posts Vinyl top rail and double sided rails Decking to match floating dock Pier & Approach 4 —14" square concrete T pile 2 X 10 joists 2 x 6 TREX Winchester Gray composite decking attached with stainless steel screws. 3 x 4 Posts Vinyl top rail and double sided rails SHEET OIOF 01 - RR 11 11 11 ACCEPTED AND FILED AT THE DATE B SURVEY: -RECORD. OF SURVEY No. 2006_1101 ORANREQUEST OF THE GE COUNTY SURVEYOR NOVEMBER 2005 Jr� TO JULY 2006 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE. STATE OF CALIFORNIA - DATEA11r- -M - BEING A SURVEY OF PARCELS 1AND 2 OF LOT LINE ADJUSTMENT NO. LA 2006-005, TIME C OoI1004 RECORDED JUNE 22, 2007 AS INSTRUMENT NO. 2007000399415 OF OFFICIAL RECORDS, INSTRUMENT • +Mf4W302Q%) L IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY - BOOK aaa PAGE51 — DOUGLAS O. FOSTER P.L.S. 4599 Tom DALY 'STATEMENT OF PURPOSE - SURVEYOR'S STATEMENT - COUNTY CLERK -RECORDER THE PURPOSE OF THIS SURVEY IS TO MONUMENT THE BOUNDARIES THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY OF PARCELS INC 2 OF LOT LINE ADJUSTMENT NO.LA2006-005 ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE 9 ` - DEPOT E (PA2006-065)RECORDED AS INSTRUMENT 1(0.2007000399415 OF REOINREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT - - - OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER AT THE REQUEST OF JAMES AND DOREEN BORKE - COUNTY SURVEYOR'S STATEMENT OF ORANGE COUNTY, CALIFORNIA. - - - FROM NOVEMBER 2005 TO JULY 2005. THIS MAP HAS BEEN EXAMINED N ACCORDANCE WITH BASIS OF BEARINGS - A. SECTION 8786 OF THE PROFESSIONAL LAND SURVEYORS'ACT THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE ![/ O• 2ooB b $ DATED THIS 29TR DAY OF AP/rjL OF LOTS 171Vt0UGH 6, BLOCK 2, SECTION TWO. BABOA ISLAND, - DOUGLAS OSIER, P .S. 4599 ' cxv. urwra _ - BEING 590.00'00"W PER MAP RECORDED IN BOOK 6, PACE 31 EXPIRATION DATE: 9/30/2049 s w OF MISCELLANEOUS )AAPS, RECORDS OF ORANGE COUNTY, C0. �fliit. DEF!/TY LEGEND: RAYMOMCONTY SURVEYOR - L.S. 0185. EXPIRATION DATE, 03 -31 -IO 1 • FO. MONUMENTS AS NOTED FD %z" Ip „N0. REF- u., N ON. 0.2' . SET - LEAD & TAG LS 4599. - � FNM 4623"E. 0.19• 0 SET LEAD & TAG LS 4599 ON 3.00- OFFSET ON P/L PROD. _ - I> ._.v. A SEARCHED, FOUND NOTHING AND SET NOTHING, � A° IT a 4 ACC.ACCEPTED, R -O -W RIGHT OF WAY REFERENCES: MONUMENT DESCRIPTIONS: (BU _INDICATES RECORD DATA PER MAP OF SECTION -TWO T O1 FO.L/T LS 2312 NO REF.ACCEPTED AS SE COR. OF LOT 3 BALBOA ISLAND, M.N. 6/31 f O p O2 F0. I" P WITH PLUG WOOD ON. 0.2' NO REF.. NOD°13'40"E, 0.31' ER23 - INDICATES RECORD DATA PER LOT- LINE ADJUSTMENT O M NO. LA 2006-005, INSTRUMENT NO. 2007000399415 O.R. SCALE 1" - f0' -M FD. T' IP OPEN ON. ON NO REF., ACCEPTED AS PONT ON NORTH R -O -W - C.Oi iB OF SOUTH BAYFRONT, CORNER ESTABLISHED AT RECORD DISTANCE FROM POINT ON LINE WITH PONT( AD SAID FD. 1" P. FOON" P RCE 13607 UN. 0.2'PER R/S 2004-1007 RSB 208/4 - _ N. U RCE 13607 Q FO.NOTHING ESTABLISHED -AT RECORD DISTANCE FROM PONT&N LINE WITH PONTO ! o PER R/S E7EU OF VT ©FD. NOTHING ESTABLISHED AT RECORD DISTANCE FROM PONTO7 ON LINE WITH POINT 3O w RSB 208j40p4-1007 O7 FD.V IP W/TAC LS 2312 ON. 0.7 NO REF. ACC AS HE COR OF LOT 7 _ FO. NOTHING ESTABLISHED AT RECORD DISTANCE FROM PONE©ON LINE WITH POINTo7 - N89°4 7 1 -- - --- - - -- ---. _ A - -- ----- (859 85.00' (859 F Fp 11 NO REF R 17377 FD �' 3 m _r:. NW ON C3•� OPEN a BROKEN I 6 N89.46'23" - L/i n I- OR OF ACO. c� o W'• 0.09' REF OI i+ -r O _ LO • AS a RCf IO ESi - _v. _ SpOa00• F7377 . �f W O O I� r 7 W v !NTERCDpry BY - 00'•E. 0.09' ; �• z a -C r !' BESigRI)SEp BY .-.84.97 (FS'>- _ __ _ _ _ - 10' _ 5.02' N90' 00'00"E - - - - - 179.99' - -- - Si ) H ALLEY (15' WIDE) NT�sEcri N Y A uT o f 30.001001) }; Hmi 5 .45.00' C45' R21 � I m I M W M 2 N90'00'00"E 90.00'(90') — O 15.00' 15.00' -45.00,145'.00 30.00' (309 R2 N e I W i _ f7/157.. NO. 2007900399416 I O.R.% N m I PARCEL 11 � I O: QI N w m! � I (30') M1 600 S. BAY FRONT 17 O Z ( I f LOCKir. CFy �. WI OI MI e I z! I N90.00'00"E .23' I ( 12 2 30.00' (30') .y � 1Finm UH.37'. )iV. '7000399417 O.R.) a. PARCEL 2 O' �. N` �I Z' NE DOR' ACC A OF L07 3, I W I 7 I 6 1 � Ia 1 IX 1-7 I-7 i0 I O a i 0 w 'S' m I W CD bpl 604 S. BAY FRONT `-- -- m 1 o I 1�I 15.00' 29.99'(30 45.00 [45'R21 l b 44.99' 145' R23 SOUTH BAY FRONT N90' 00'00"E__89.99' (90') BASIS OF BEARINGS - NEWPORT BAY SURVEYOR'S NOTE: NO CENTERLINE SHOWN ON M.M. 6/31 AND NO CENTER LINE TIES ON FILE WITH CITY OF NEWPORT BEACH IN THS AREA. Jul 0113 01:24p 3059403231 p.2 AUTHORIZATION OF AGENT Uwe, , hereby designate and authorize Peter Swift and his representative Jacquelyn Chung, to act on my/our behalf as my/oar agent in the processing of this permit application and to furnish, upon requesting, supplemental information in support of application Signed: 4" 0<1(4� Dated: Q` Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com. esri.esrimap.Esrimap?ServiceName=nb... 6/24/2013 V WOP r4� DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 604 S Bay Front, Newport Beach CA This Pre Construction Eelgrass Survey is the result of studying this property and dock system to determine the presence of eelgrass. Eelgrass was observed at proposed project site. Caulerpa Taxifolia was not observed in subject area noted above. This report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible developments by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, Respectfully, DiveWork@gmail.com (949) 759-0773 PRELIMINARY SURVEY Page 1 of 10 V, W O DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Doreen Borke 604 S Bay Front Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Survey Report Prepared July 18, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Page 2 of 10 t� V` olp pkv DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 C.S04 604 B Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 List of Tables 3 List of Figures 3 Current Situation 4 Survey Method 4 Survey Findings 4 Discussion 4 Caulerpa Survey Form 7 Eelgrass Survey Form g List of Tables Tablet. Tides and Currents for Newport Beach, CA July 18, 2013 .................................................................................................................... 5 List of Figures Figure 1. Location of 604 S Bay Front, Newport Beach ..................................................................................................................... 5 Figure 2. Proposed Changes for 604 S Bay Front, Newport Beach .....................................................................................................................6 PRELIMINARY SURVEY Page 3 of 10 wo,� Ss fvcc. DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Current Situation — Preliminary Survey 604 B Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Customer (Doreen Borke) at 604 S Bay Front, Newport Beach, CA proposes replacing existing dock system with proposed similar configuration and different dimensions. The pier to platform distance would change from 57' to 53' and gangway length would change from 20' to 24' due to shortening of pier length. Construction has not started; this is a Preliminary Survey to determine impact on existing natural habitat and navigational waters. See Figure 1 Eelgrass was observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted July 18, 2013 beginning at 1700 hr approximately N Lat 33.6041802 W Long -117.895285. Day was overcast with air temperature 76° F. Water temperature was 70° F. Depth ranged from 0' at sea wall to 20' past end of dock. Visibility was 2' foot. See Table 1 Survey area delineated spanning 55 ft parallel to sea wall and 120 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with diver's spaced 2 ft apart scanning perpendicular to beach head. Lane width was approximately 6 ft wide scanning approximately 2 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). Y e s Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form). Density of eelgrass was less in shaded area under Platform and gangway but increased dramatically in density and length where direct sunlight penetrated to bottom of harbor, see Figure 2. Fauna: Observation included mussels on piles and Skates (Sting Rays). Remainder of survey area was sand and dirt (sediment). Visibility was 2' ft. The water depth ranged from 0' at sea wall to 20' past end of dock. See Figure 2 Discussi®n Eelgrass (Zostera marina) was not observed, see Figure 2 and attached Eelgrass Survey Reporting Form. This Preliminary Survey observation findings show proposed project to have no impact to habitat. A reduction in overall square footage from 716' sqft to 712' sgft is the result of a configuration change to proposed dock system. The configuration change is as follows; pier length will go from 57' to 53' and gangway length will go from 20' to 24' due to shortening of pier length. No adverse impacts to marine life are expected with this configuration change. See Figure 2. Figure 2 shows existing and proposed diagrams to replace dock/gangway/pier and platform. Impact to navigational waters unchanged based on proposed dock construction, see Figure 3. The navigational impact would not hinder passage of other boats around or past this dock. Habitat will not be disturbed; PRELIMINARY SURVEY Page 4 of 10 �� wol DIVE WORKS (949) 759-0773 604 s Bay Front Newport Beach, CA 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey July 18, 2013 overall sunlight penetration through water within this project site will increase by 4' sqft. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and maintaining clearing navigational channels for boaters. Table 1: Tides and Currents for Newport Beach, CA July 18, 2013 Daily Time Prediction in Eezt Back to Station Listin Time cone, LST/LDT 2G13/07%17- 2013/47/18 Bookmark Datuma MLLw FieFu 7.00 g Predict HL J y 6.04 " S.QQ Di o Time ............. _..... Q 4.00 _ ; _. ....... July: 18'.241'3 3.40 r_. U. 2.00 ''" �...... _. ...... ... .............. S 0.00 07117 07117 07117 07117 07118 07118 07118 47118 07119 12an ban 12pn 6pn 12an ban 12pn 6pn 12an Date/Tine {LSTILDT) Figure 1. Location of 604 S Say Front, Newport Beach ,S' f ' t 3 t y S g v fz y; Ff6ht . c � PRELIMINARY SURVEY Page 5 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Say Front Newport Beach, CA Preliminary Survey July 18, 2013 Figure 1. Proposed Dock for 604 S Bay Front, Newport Beach #£ 120' - 1 � nx NP -j X'4 LAYV" 5-10 Turions sgft t 1` length ao Stix < 2510 Turions s 9g � Z - 3 av lensr f g .. + rl Gr Depth �i 5 i Transects ' ji 33.604182 Survey Area „Ll` I -117.8952$5 5-10 Turions sgft t 1` length ao 2510 Turions s 9g � Z - 3 av lensr f g .. + rl Gr Depth �i 5 i Transects ' Survey Area I 1.20 Figure 3. Eelgrass Underwater PRELIMINARY SURVEY Page 6 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 604 S Bay Front Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: 33.604182 (UTM, Lat./Long., datum, accuracy level, -117.895285 attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) PRELIMINARY SURVEY Page 7 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe Depth range: 0'- 20' Bottom is sediment, Sand and the physical and biological Dirt. conditions within 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: Sediment, sand Temperature: 760 Air 700 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of DATE: July 18, 2013 surveyed. survey (SCUBA, remote video, TIME :1700 PM 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 visibility in water: 2' Survey e and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 8 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 604 S Bay Front Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Newport Harbor Hydrographic System: (bay, estuary, lagoon, or harbor) Specific Location: 33.604182 (UTM, Lat./Long., datum, accuracy -117.895285 level, attach electronic survey area map ifpossible) Was Eelgrass Detected: xxx Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above PRELIMINARY SURVEY Page 9 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 604 S Bay Front Newport Beach, CA Preliminary Survey July 18, 2013 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe Depth range: 0'- 20' the physical and biological conditions within 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: Sediment, sand Temperature: 76° Air 70° Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exoticspecies encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >7S% area including bottom conducted including type of DATE: July 18, 2013 surveyed. survey (SCUBA, remote video, TIME :1700 PM 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 visibility in water: 2' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) PRELIMINARY SURVEY Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions July 30, 2013 Property Address: 604 S. Bay Front 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. 10. The maximum beam_ of a vessel that is permitted to side -tie to the westernmost side of the float is 18'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost 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 c-',,ER'S NAME James Paul Borke & ADDRESS OF FACILITY: PERMIT # Doreen,B.06rke 6( 1 604 1/2 S. Bayfront MAILING ADG^ �- TELEPHONE NO. FEE CHECK NO. DATE 73C I 9- APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT Paul J. L"vadary & James. Paul Borke &' ❑ Elizabeth�iTp de Graff Doreen the OCHD ❑ SELLE AME(S) BUYER'S NAME(S) ENG ( O NAMYS TO BE TYPE ❑ COUNCIL I PUBLIC WORKS ❑ SIGNATURE OF SELLER SIGNATURE OF DEPT. ESCROW ❑ GNATURE OF SELLER SI A RE OF BUYER INSPECTTION / / ❑ - r pur APC ��ivvvn ePAE) HARBOR I ECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REv. Q WPp�T ° CITY OF NEWPORT BEACH U N' P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 25, 2001 Mariners Escrow 190 Newport Center Dr., Suite 250 Newport Beach, Ca 92660 Re: Pier Permit 22506041, 604 & 604 %2 South Bayfront, Newport Beach #20393 -BF Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the Transfer Application Form signed by the Buyer and $198.50 balance for the transfer fee. . If you require further assistance in this matter, please call 644-3043. Sincerely, J 0 Wes Arm n Harbor Resources 3300 Newport Boulevard, Newport Beach SEW PO ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 20, 2001 Mariners Escrow P.O. Box 8808 Newport Beach, Ca 92658 Re: Pier Permit 22506041, for 604 & 604 %2 Newport Beach, #20393 -BF Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 604 & 604 %2 South Bayfront. The facility was inspected on September 13, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The electrical receptacle on the pier/dock must be Gfl or Twist Lock for use in a water environment. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach i Y OF NEWPORT ®EACH HAMM APPLICATION NO%.���� to Luau BBOCh t 14 -- �1f•�- 90 � � cam. �� FT-- 0.7 4 -r - Vici-LAITY 51EreH WEsrJ£Ti,'.z EAsr Newroar 5AY1 Cat wop-NtA y / lcrrr z 30' G /L SO UrOinctS Ore" �X/�rc ss�d !rr feef a"no'- slenofe U�S..�BY.�5�..�� �ras¢f. t— �S, I —y� ! dePfhs beiOry i CCT✓!" LOrver Lo"w" LA/Oyler. R/Lok/ml/m �id� e _.. ra�Tp� of t7Pp�'a"xl��ie/�✓ �O �7sef Horbor /.ile5 are /rr �i:s. SCCT�ior! OrM2winorl Bar. ld RAM P" 1 1. S _ F F r�acr- a��cr or € � '5 /4 1�.fr,4rva Ave j it4tTB' BUYER 9NAME Jas. Paul $Orlke Ss ApDRESS OF F'AOILITY ` PERMIT # 6-- Dote�n���orlc� b04` �` b04 1/2 S. Bayfront 2d MAILING WR TW.EPHONE NO , ,. ,; FLEE CHECK NO.DATE elil• APPROVED BY: DATE-_ APPLIeATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT - s J.iva>��trq . & James Paul Borke & ocr+D `❑± i ' Jl�zableth�'11 de 'Graff Doreenui`ke 4`5 SELLER'S NAMES) BUYER'S NAME(S) ENG ❑ _f j (AB OV NAMES TO BE TYPED gS COUNCIL ❑ i_�. ��.� /� ��1��Ps. t < SIGNATURE OF SELLER SIGNATURE OQBj PUBLIC WORDS ❑._ -��? •,P, _ i F DEPT.. t , 77€ ` r _ �.�f• , - ,.Q - E cttow.,1 i t -7 f GNATURE OF SELLER SIGH AZURE OF BUYER f INSPECTTIONa .. SIGNATl, R OF JOINT,C)WI ER, is ❑ APP LIC,TJON APPR KD ,;'(DATE) �� (f/ ❑ . CI HARBOR INEjPECTOR SPECIALI CONDITIONS: THIS,; -PERMIT IS RIfVOCABLE BY TWE CITY COUNCIL IN ACCORDANCE WITH TITLE 1 7 OR THE �DNIGIPAL CODE;�- • ��� � Q �� ,. /� — `t ch a , CITY OF NEWPORT BEACH, CALIF. ( WXForsm66-1013 Rei. �UHtSS, 614 e ---- APPROVED BY: DATE OCHD ENGR COUNCIL PUBLIC WORKS DEPT.. El INSPECTION ADDRESS OF PROPOSE� PERMIT k TELEPHONE NO. FEE CHECK NO. DATE APPLICATION IS HEREBY MADE FOR A HARB R PERMIT TO CONSTRUCT/REVISE A L'- li AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH P RMIT PO I S AND T tACHED DRAWING BYV� COMPANY DATED �7-2-2- / DATE < - -9z - SIGNATURE SPECIAL CONDITIONS: ` CITY OF NEWPORT BEACH, CALIF. i I WX FORM 68-1010 CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: ,1. In person Address: 44Telecon ,!F /4/TO: 7 ' Div.. SUBJECT File 2 �e- Date : %', Outline of Information received given C�1 fes✓ /� /4 Action Required Person Responsible Date Due: - f -Y OF NEWPORT BEACH HARBOR APPLICATION u.s. lia. L• �t 74 �- -- _ 01 _ - - - -�. - 5 tS• ty - _ o U o F w OR ^ P�Ct •e'�ry� - Q B- ' ` M -LtAw' Q ' ft Pei. lk Y i 4s l -.IM _i f 1 - S;< G NEWl70 Rr PlA AL IFORNIA y CAL I S0C","din Q5 ore _eA'p",gvs dppIAS S. beipw. Amon Lorvar Low Wofer. A-10& VAS. G ^_1.v yonyt of rt'i'dcapp►-uxir►va�a�j! !O !sef h'orbor l�i�e5 are asi!O6/�-'5*o, .af ln• phis., sec/,.., 'C�i1/ew�or� Bar - R^ -M P -T • � `: NI•r� � Mme. _.=Rar0.�a p� 'AAAG'CAN, 4"40W r5. ti Sod $ayf runt Sect. I Lot 3 ICK _ BGOC.r OT "� �• ��c«`t�.�.'j�barb, 5 72 � ^",duo . av ` ld r6r PERMISSION IS HERNEBY GRANTED TO CONSTRUCT AND MAINTAIN THE Fri• ;Afl"Y SHOWN ON THE REVERSE HEREOF, AT THE SITE INDIC,- ED, SUBJECT TO THE PROVISIONS OF THE HARBOR P ir1'=;7 POUGES OF NEWPORT BEACH AND ANY SPECIAL COM LiTIONS LISTED HEREON. THIS PERMIT IS NOT TRANS EF?A E WITHOUT THE WRITTEN CONSENT OF THE CITY HAR3^` :OORDlNATOR OR CITY CO NCIL. THE RIGHTS -GIVEN Ue_ .iF THIS PERMIT ARE P IVE ONLY AND THIS PERMIT �Y BE REVOKED RY E C 'Y COUNCI 1N ACCORDAPIC '>'vj,H 777 OF T MU CIPAL Co c. `! HAI OR COOS 5 19 �� U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No. Dear Sir I hereby request a U S. Corps of Engineers' Permit for the construction and installation of a FLOAT and appurtenances thereto, to be located in Newport Bay, bayward of Lot No. , Block No. -.1 , Tract Sec. 2 Balboa Island , Newport Beach, Ca ifornia. I am tzHe owner of the aforementioned property, and I have made application for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot , Block Tract 602 South Bay Front Balboa Island, California Date Enc. Plans dated 1 Sepia 4 copies Lot Block Tract Mr. J. S. Bailey 606 South Bay Front Balboa Island, California Respectfully submit/(e , d, r MrszE` John P_ Livadary 604 South Bay Front Balboa Island, California CITY OF NEWPORT BEACH APPROVAL The Harbor and Tidelands Administrator of the City of Newport Beach has reviewed Harbor Permit application by and subject to the approval of the U. S. Corps of Engineers, will issue Harbor Permit No. G. M. DAWES Date - Harbor & Tidelands Administrator CC: