HomeMy WebLinkAboutM2014-004128 G1.2o 13
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION ���t ED :a
South Coast District Office
200 Oceangate, 10th Floor
Long Beach, C21ifornia 90802-4416 cc)�� l�
PH (562) 590-5071 FAX (562) 590-5084
DEVELOPMENT �U� May 16, 2014
OP NEasROO Permit No. 5-14-0186
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number which
was sent to you on 4/25/2014 and was reported to the Commission on
May 14, 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
7ZS-
Zach Rehm
Coastal Program Analyst
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND O. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-14-006
200 Oceangate, Suite 1000 Date: April 24, 2014 =oma YV
Long Beach, CA 90802-4302 Pae ] of 6
(562)590-5071 g
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ADMINISTRATIVE PERMIT
APPLICANT: Emily Vogler
AGENT: Swift Slip Dock & Pier Builders, Inc.
Attn: Peter Swift / Jacquelyn Chung
PROJECT
DESCRIPTION: Remove and replace 440 sq. ft. patio deck and 175 sq, ft. cantilever deck, over
Promontory Bay fronting residence,
PROJECT
LOCATION: 434 Harbor Island Drive, Newport Beach, Orange County
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it 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:
May 14, 2014
9:00a.m.
Inverness Yacht Club
12852 Sir Francis Drake Blvd.
Inverness, CA 94937
IMPORTANT- Before you may proceed with dAveloompnt 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.
C�liiorrj;a Coastal Commssi.on
South Coast District Office
EFFECI'IV1✓ 6t(y m
Date: a_-_®®--------e..Y..
CHARLESLESTER
Executive Director
by: ZACH REHM
Coastal Program Analyst
5-14-0186 (Vogler)
Administrative Permit
Page 2 of 6
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.
3. Interpretation Any questions of intent or interpretation of any termor condition will be resolved by
the Executive Director or the Commission.
4. Assig_n,ment. The permit may be assigned to any qualified person, provided assignee files with the
Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is
the intention of the Commission and the permittee to bind all future owners and possessors of the
subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four (4) to six (6).
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 Location. Description, and Previous Commission Approval On -Site
The subject site is located at 434 Harbor Island Drive, Newport Beach, Orange County (Exhibit 1). Single-
family residences with decks and floating docks characterize the subject site and the surrounding area.
The project involves the removal of the existing 440 sq. ft. patio deck and 175 sq. ft. cantilever deck, and
installation of a new deck of the same size, shape, and location. The.proposed replacement deck will be
constructed of 7" think concrete reinforced with epoxy coated rebar. The deck project will serve an existing
single-family residence and an existing adjacent floating dock. Total water coverage for the replacement
deck will remain 175 square feet, extending five feet over the existing seawall/bulkhead (Exhibit 2).
An eelgrass survey will be required prior to commencement of construction. A Cau/erpa taxifolia survey
must also be conducted prior to commencement of construction. Therefore, the Commission imposes
Special Condition Nos. 2 and 3, which identify the procedures necessary to be completed pre and post
construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition No. 3 identifies
the procedures necessary to be completed prior to construction. The proposed project has received a
5-14-0186 (Vogler)
Administrative Permit
Page 3 of 6
Harbor Permit/Approval In Concept from the Harbor Resources Division of the City of Newport Beach. The
applicant's agent has sought approval from the U.S. Army Corps of Engineers for the deck replacement
project.
The nearest public access to Newport Harbor is located at Beacon Say public dock and beach, 1,100 feet
away from the subject site. There is currently no lateral access along the coastline in this area of
Promontory Bay and there will continue to be none pending approval of the proposed development.
The cantilever portion of the deck is located on privately -owned submerged land and/or within an area
subject to public trust doctrine. Special Condition No. 4 is imposed stating that the approval of a Coastal
Development Permit for the project does not waive any public rights or interest that exist or may exist on
the property.
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by
the Commission in regions where the local government having jurisdiction does not have a certified Local
Coastal Program. - The City of Newport Beach does not have a certified LCP, and the location of the deck
remains in the original jurisdiction of the Commission. Therefore, the Coastal Commission is the permit
issuing entity and the standard of review is Chapter 3 of the Coastal Act.
On April 18, 1977, the Commission unanimously approved Application Number A-4-4-77-543 and issued
an Administrative Permit to Applicant Harry G. Long to construct a 42 foot by 24 foot float ramp and deck
adjacent to an existing single-family dwelling.
On May 8, 2013, the Commission unanimously approved Application Number 5-12-262 and issued an
Administrative Permit to Applicant Dan Flynn and Emily Vogler to remove an existing 446 -square -foot U -
shape floating dock, a 3'x 20' gangway, and three 10" diameter steel piles and install a new U -shape
floating dock, gangway, and three piles, all of the same size, shape and location.
B. Marine Resources
The proposed cantilever deck is an allowable marine related use. The project design minimizes impacts of
construction and installation. 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. There are no
feasible less environmentally damaging alternatives available. The project conforms to Sections 30224 and
30233 of the Coastal Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of
construction material, debris, or waste in a location where it could be discharged into coastal waters would
result in an adverse effect on the marine environment. To reduce the potential for construction related
impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the
appropriate storage and handling of construction equipment and materials to minimize the potential of
pollutants to enter coastal waters. As conditioned, the Commission finds that the development conforms to
Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Program
As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act. 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 of the Coastal Act.
5-14-0186 (Vogler)
Administrative Permit
Page 4 of 6
E. California Environmental Quality Act (CEQA
As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that
would substantially lessen any significant adverse effect that the activity may have on the environment.
Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified
impacts, is the least environmentally damaging feasible alternative and can be found consistent with the
requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
1. 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 anytime 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.
(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.
0
5-14-0186 (Vogler)
Administrative Permit
Page 5 of 6
(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.
(1.3) 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 faraway as possible from the receiving waters and
storm drain inlets.
(15) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) 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.
Eelgrass Survey(s)
A.
B.
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 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 new coastal
development permit.
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 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
5-14-0186 (Vogler)
Administrative Permit
Page 6 of 6
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 bf 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 through,William
Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043), 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 C. 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 C. 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 ofi,any
public rights that may exist on the property.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
[/We acknowledge that I/we have received a copy of this permit and have accepted its contents including
all conditions.
Applicant's Signature Date of Signing
Exhibit 2: Replacement deck site and framing plan
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F.S OF
Regulatory Division
Emily Vogler
20372 Cypress Street
Newport Beach, California 92660
Dear Ms. Vogler:
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
915 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 90017
March 4, 2014
a
MAR 2 12014
REGULATORY DIVISION
LOS ANGELES OFFICE
Reference is made to your request (Corps File No. SPL-2013-00905-AJW), dated December
23, 2013, for a Department of the Army (DA) authorization to construct the 434 Harbor Island
Drive Cantilever Deck Replacement Project. 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 within Newport Bay in the city of Newport Beach, Orange County, California, as
shown in Figures 1-3.
Specifically, you are authorized to conduct the following regulated activities (as shown on
Figures 3-4):
1. Remove and replace the existing patio structure (approximately 440 square feet) with a
like -for -like structure in size, shape, and location.
2. Remove and replace the existing cantilever deck structure (approximately 175 square
feet) with a like for like structure in size, shape, and location.
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. Both signed copies of this LOP must be returned to the Corps of Engineers (a pre -
addressed envelope is enclosed). In addition, please use 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 fully 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 Andrew Wendt of my staff at 213-452-3002 or via e-mail at
Andrew.J. Wendtgusace.army.mil
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
915 Wilshire Boulevard, Suite 930
/ LOS ANGELES, CALIFORNIA 90017
r / REPLY TO
\ ATTENTION OF A 171 7 2014
Regulatory Division
Emily Vogler
20372 Cypress Street
Newport Beach, California 92660
Dear Ms. Vogler:
Enclosed you will find a signed copy of your Department of the Army Permit (File No.
SPL-2013-00905-AJW). Please retain this copy for your files.
Thank you for participating in our regulatory program. If you have any questions, please
contact Andrew Wendt of my staff at 213-452-3002 or via e-mail at
Andrew.J.Wendt@usace.ar.rny.mil.
Please be advised that you can now comment on your experience with Regulatory Division
by accessing the Corps web -based customer survey form at:
http://per2.nwp.usace.army.mil/survey.html.
Sincerely
Corice J. Farrar
Chief, Orange and Riverside Counties Section
South Coast Branch
Enclosures
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
4 December 2013
Marc Brown
California Regional Water Quality Control Board
3737 Main Street
Suite 500
Riverside, California 92502
Re: Cantilever Deck Replacement
Dear Mr. Brown:
We are acting as agents for the applicant listed below. This is notification that we intend to remove and replace existing 35
x 5 cantilever deck. Like for like. 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: Emily Vogler
2. Project Address: 434 Harbor Island Drive
Newport Beach, California 9266o
3- Applicant Phone: 949.631.3121
4- Parcel Number: 050-421-40
5- Scope of Work: Remove and replace existing 35 x 5 cantilever deck. Like for like.
6. Latitude/Longitude: N33-3647.23 / W -117.5357.46
7- Applicable Fees: Enclosed is a check for the application fee.
8. Statement: This notice is being submitted according to the Regional Board General Certification for
sheet and dock pile replacement, issued on 29 September 2005.
9- Statement: 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
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
135'X 5' cantilever deck. Like for like.
Property Address: 434 Harbor Island Drive
Legal Description:
Harbor Permit Number: 200-434
Plan Check Number: 2849-2013
Applicant: Emily Vogler
Applicant's Mailing Address: 434 Harbor Island Drive, Newport Beach, CA 92660
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
A They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
Has been determined to be ministerial or categorically exempt
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
December 17, 2013
Attachments:
Worksheet for Building Permit Application
Drawing
Page 2 of 2
MEw-rksheet for Building Combo Permit Application
z MEN I I MRWIR
F_ Comm'I F_ Residential City of Newport Beach - Building Division i
(017 NOTE: PLAN CHECK FEE DUE AT TIME OF SUAMOR Rbu,,, URC -0.
r -Building r- Grading F -Drainage r- Elec F_ Mech F Plum Cu Yd Cut i=%N6WTRT BEAC
Project Address (Not mailing address)
42� 0 W 0
29t i
-714
A` �VAQWR, 15L&AD p�l�'
Description of Work
Use F
Remove and replace existing 35' x 5' cantilever deck.
V storiesl # U (if Res)
Like for like.
-nits
Valuation $ Material/La bor 115 000
New/Add SF Remodel SF
Garage/New/Add
OWNER'S NAME LastFirst
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Owners Address
Owners E-mail Address
12D572- sw CyK6,---14
Jacquelyn.chung@sbcglobal.net
City [Newp I or . t Beach State 'ICalifomia
Zip Telephone 1949.631.3121
APPLICANTS NAME Last7
Fswift
First I Pete
Applicants Address
Applicant's E-mail Address
12027 Placentia Avenue
lJacquelyn.chung@sbcglobal.net
City lCosta Mesa State Fcalifor;iazip
92627 Telephone 1949.631.3121
ARCHITECT/DESIGNER'S NAME Last
First Lic. No.
Architect/Designer's Address
Architect/Designer's E-mail Address
City State
zip Telephone
ENGINEER'S NAME Last 1Bazley
First FTIM Lic. No. Fool 9
Engineer's Address
Engineers E-mail Address
12500 Via Cabrillo Marina Unit 200
lJacquelyn.chung@sbcglobal.net
City iSan Pedro r State. [California
Zip F907 1 Telephone 1949.631.3121
CONTRACTOR'S NAMEXOMPANY jSwift Slip Dock and Pier Builders Lic. No. 797052 Class FA
Contractor's Address
Contractors E-mail Address
12027 Placentia Avenue
[Jacquelyn.chung@sbcglobal.net
City Costa Mesa State California
Zip 192627 Telephone i 949-631.3121
ENERGY P/C FEE $ FIRE P/C FEE $
PERMIT NO.
GRADING P/6 FEE $ PLANNING P/C FEE $
PLAN CHECK NO.
ELEC/PLUM/MECH P/C FEE $
PLAN CHECK FEE $
DEVELOPMENT #TOTAL FEES PAID $
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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY
EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
s
e�
200 Oceangate, 1 Oth Floor _
LONG BEACH, CA 90802-4416
(562) 590-5071 FAX (562) 590-5084
www.coastal.ca.gov
Date: May 16, 2013
Dan Flynn& Emily Vogler 5-12-262
434 Harbor Island Drive
Newport Beach, CA 92660
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on April 18, 2013 and was reported to the
Commission on Wednesday, May 8, 2013 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
CHARLES LESTER
Executive Director
Vsy:JEFFREY RABIN
Coastal Program Analyst
cc Local Planning Dept.
Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung
CCS CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-12-262
200 Oceangate, Suite 1000 Date: April 18, 2013 '
Long Beach, CA 90802-4302
A._
(562) 590-5071 Page 1 of 8
W7a
ADMINISTRATIVE PERMIT
APPLICANT: Dan Flynn& Emily Vogler
AGENT: Swift Slip Dock & Pier Builders, Inc.
Attn: Peter Swift / Jacquelyn Chung
PROJECT
DESCRIPTION: Remove an existing 446 -square -foot U -shape floating dock, a 3'x 20' gangway,
and three 10" diameter steel piles and install a new U -shape floating dock,
gangway, and three piles, all of the same size, shape and location. Total water
coverage for the replacement dock, gangway, and piles is the same at 494
square feet.
PROJECT
LOCATION: 434 Harbor Island Drive, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until itis
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:
Wednesday, May 8, 2013 — 8:30 a.m.
Marin County Civic Center — Board of Supervisors Chambers
3501 Civic Center Drive
San Rafael, CA 94903
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.
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
5-12-262-[Flynn/Vogler]
Administrative Permit
Page 2 of 8
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,
3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the. Commission.
4. Assignment. The permit may be assigned, to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,: and it
is the intention of the Commission and the permittee to bind all future owners and possessors of
the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four (4). to eight (8).
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 1.976
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. Proiect Location and Description and Previous Commission Approval On=Site
1. Project Location and Description
The subject site is located at 434 Harbor Island Drive in the City of Newport Beach (Exhibit #1). Single-
family residences characterize the subject site and the surrounding area. The project involves the
removal of the existing 446 -square -foot U-shape#loating dock, a 3' x 20' gangway, and three 10"
diameter steel piles and installation of a new U -shape dock, gangway, and three piles of.the same size,.
shape, and location. Total water coverage for the replacement dock, gangway, and piles is the same at
494 square feet. (Exhibits #2-5) The project does not include the existing, cantilevered deck
The dock -project will be used. for boating related purposes to serve a single-family residential
development. As required by the City of Newport Beach Harbor Resources:Division, an eelgrass
survey was conducted roh August 22, 1201.2. No eelgrass was discovered within the project area.
Eelgrass surveys completed during the active growth phase of eelgrass (typically March through
5-12-262-[Flynn/Vogler]
Administrative Permit
Page 3 of 8
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., Murch 1). The
project is agendized for the May 2013 Coastal Commission meeting so the eelgrass survey is no longer
valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction.
As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa
taxifolia survey was done on August 22, 2012. No Caulerpa taxifolia was found. Caulerpa taxifolia
surveys are valid for 90 days. The project is agendized for the May 2013 Coastal Commission meeting.
The Caulerpa taxifolia survey is not valid since 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 No. 2 and No. 3, which identifies the
procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa
taxifolia is found on the project site, Special Conditions No. 3 also identifies the procedures necessary
to be completed prior.to beginning any construction. The proposed project has received an approval in
concept from the City of Newport Beach Harbor Resources Division.
The applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board
(RWQCB). The U.S. Army Corps of Engineers has issued a Provisional Letter of Permission
(Provisional LOP) for the dock replacement project. In an October 18, 2012 letter to the Army Corps of
Engineers, the applicant's agent wrote that the existing dock system was built in 1977:"The:piles are
weak from cracks. They have become a hazard. The same is true of the old, less structurally sound
pontoons. The decking is old and splintering. Dry rot in the framing may also be an issue." The
replacement of these.structures will remedy these issues.
The total amount of water coverage would remain the same at 494 square feet as a result of the
,proposed project.
The nearest public access to the bayfront is located on Bayside Drive a short distance across the
Promontory Bay channel from the subject site.
The dock, gangway, and pilings are located on privately -owned submerged land and/or within an area
subject to public trust. doctrine. A Special Condition is imposed stating that the approval of a Coastal
Development Permit for the project does not waive any public rights or interest that exist or may exist
on the property. -
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly
.by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
2. Previous Commission Approval on Site
On April 18, 1977, theCommissionunanimously approved Application Number A-4-4-77-543 and
issued an Administrative Permit to Applicant Harry G. Long to construct a 42 foot by 24 foot float ramp
and deck adjacent to an existing single-family dwelling.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less environmentally
5-12-262-[Flynn/Vogler]
Administrative Permit
Page 4 of 8
damaging alternatives available. As conditioned, the project will not significantly adversely impact
eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia.
Further, as proposed and conditioned, the project, which is to be used solely for recreational boating
purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters'. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into.
coastal waters would result in an adverse effect on the marine environment. To reduce the potential for
construction related impacts on water quality, the. Commission imposes .special conditions requiring, but
not limited to, the appropriate storage and handling of construction equipment and materials to minimize
the potential of pollutants to enter coastal waters. _ To reduce the potential for post -construction impacts
to water quality the Commission requires the continued use and maintenance of post construction
BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and
30231 of the Coastal Act.
D. Local Coastal Program
The 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.
E. California Environmental Quality Act (CEQA)
As conditioned, there are, no feasible alternatives or additional feasible, mitigation measures available
that would substantially lessen anysignificant 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.
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.
5-12-262-[FlynnNogier]
Administrative Permit
Page 5 of 8
(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.
(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 (GNPs)
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.
5-12-262-[Flynn/Vogler]
Administrative Permit
Page 6 of 8
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne
berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner
that protects water quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. 1n -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 wastesor 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.
5-12-262-[Flyn nNog I er]
Administrative Permit
Page 7 °of 8
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 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 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 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 through
William Paznokas, California Department of Fish and Wildlife (858/467-4218) or
Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their
successors.
5-12262-[FlynnNogler] y
Administrative Permit
Page 8 of 8
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 C. 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 C. 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.
ACKNOWLEDGMENT OF PERMIT'RECEIPT/ACCEP.TANCE OF CONTENTS:
INVe acknowledge that I/we have received a copy of this permit andhave accepted its contents
including all conditions.
Applicant's Signature Date of Signing
II
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2027 Placentia. Avenue., Costa Mesa, California 92627
CDP #5-12-262 Exhibit 5
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CDP #5-12-262 Exhibit 5
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-12-262
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: April 18, 2013
(562)590-5071Page of
W7a
ADMINISTRATIVE PERMIT
APPLICANT: Dan, Flynn &En)UvVookr
' -
AGENT: 8vvift Pier '
��Y,uocxm �uUd�nn./no.
Attn: Peter Swift / Jacquelyn Chung
PROJECT
DESCRIPTION: Remove an existing
~.="/
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ng ~�~'-`'
Qengvvoy, and three fi�m.aUofthe size, location. �at'
coverage for the [ephacen�antdock, gongvvny. -'----- -��the same "`4"4
- '"u*nwuuw
square feet.
PROJECT
LOCATION: 434 Harbor Drive, Newport, I Beach
EXECUTIVE DIRECTOR'S DETERMINATION: The ������g� �d�
oonomone.appear 0n subsequent pages.
—�- . ronyopeo�/
Section 38B24provides that this ^ �ahuUnotb000n�m
nePo�edhothe C donext poeet '^'''' �nac�»eu��dka
mann oahipof~~ '^'' n �eonQ' �»na�hindprnn�haoftha�ppunh»d
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///ouaovecalendar and set for public heahngntaouboaouantCommission'''
Ourof�ooxvU/notifyyouifauohre/novo/uccune. -`rne�t»g�
This permit will be reported tothe Commission rn�e�ion otthe following time a ' place:
Wednesday,'
�:30azm'
Marin County Civic Center -Buaodwf Supervisors Chambers
~~~. Civic Center Drive
San Rafael, CA 94903
IMPORTANT - Before You may proceed,with development, the Ilowin Must'
Pursuant b»14Co.Admin. Code Sections 1315Ud6and 131b8 Must Sig
n the enclosed duplicatecopy acknowledging the permit's, receipt and accepting its contents, including all conditions, and returnit to our office. Following the Commission's meeting, andonce, we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
`CHARLESLESTER
Executive Director
By:
O
2027 Placenti.a. Avenue., Costa Mesa, California 92627
CDP #5-12-262 Exhibit 5
V�NT OFA
Te�'�T.ITH504 P�b4 • •
Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
P.O. 80X.532711
LOS ANGELES, CALIFORNIA 90053-2325
Emily Vogler
434 Harbor Island Drive
Newport Beach, California 92660
Dear Ms. Vogler:
January 24, 2013
Reference is made to your request (Corps File No. SPL -2012 -00685 -SME), dated September 4,
2012, for a Department of the Army (DA) authorization to construct the 434 Harbor Island Drive
Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act
of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the
work described below within Newport Bay in the city of Newport Beach, Orange County,
California, as shown on the attached Figures 1-3.
Specifically, you are authorized to conduct the in-kind replacement of the existing, u -shaped
dock float, gangway, and three, 10 -inch heavy wall pipe piles, temporarily impacting
approximately 460 square feet of navigable waters of the United States (Figures 1-3).
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. Both 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 fully 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.Estesgusace.army.mil.
v' NT 0g.
1
Oar ��"� .,x. a ,� .' ,�,Vr •
?eQsfA1'BS OY PID4e • •
Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
P.O, BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
Emily Vogler
434 Harbor Island Drive
Newport Beach, California 92660
Dear Ms. Vogler:
May 29, 2013
Enclosed you will find a signed copy of your Department of the Army Permit (Corps File No.
SPL -2012 -00685 -SME). Please retain this copy for your files.
Thank you for participating in our regulatory program. If you have any questions, please
contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil.
Please be advised that you can now comment on your experience with Regulatory Division
by accessing the Corps web -based customer survey form at:
http://i)er2.nyM.usace.L�my.mil/survey.html.
Sincerely,
—r�Gr2
Corice J. Farrar
Chief, Orange and Riverside Counties Section
South Coast Branch
Enclosures
E
Please be advised that you can now comment on your experience with Regulatory Division by
accessing the Corps web -based customer survey form at:
httl2:Hper2.gM.usace.qnny.mil/survey.html.
Sincerely,
Corice J. Farrar
Chief, Orange and Riverside Counties Section
South Coast Branch
Enclosures
PERMPERK ff
TTEE DATE
2c -,c) _ `43`-6.
DOCK & PIER BUILDERS, INC.
2027 PLACENTIA AVENUE COSTA MESA, CA 92627
(949) 631-3121 PHONE (949) 631-3122 FAx
EMAIL: jac4gue€yn chunq(a-).sbcq€oba€.net
www.swiftslipdocks.com
4 September 2012
Marc Brown
California Regional Water Quality Control Board
3737 Main Street
Suite 500
Riverside, CA 92501
Re: Boat Floating Dock Replacement
Dear Mr. Brown.-
We
rown:
We. are acting as agents for the applicant listed below. This is notification that we intend to remove
and replace the existing floating dock, gangway, and 3 - 10" diameter heavy wall pipe pile, like for like
in size, shape, and location at the address referenced below. 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.
Applicant Name:
2. Project Address:
3. Applicant Phone:
4. Parcel Number:
5. Scope of Work:
6. Latitude/Longitude
7. Applicable Fees:
8. Statement:
9. Statement:
Dean Flynn
Emily Vogler
434 Harbor Island Drive
Newport Beach, California 92660
949.279.3865
050 421 40
remove and replace the existing floating dock, gangway, and
3 - 10" diameter heavy wall pipe pile, like for like in size,
shape, and location
N33.613179°, W-117.899459°
Enclosed is a check for the application fee.
This notice is being submitted according to Regional
Board General Certification for sheet and dock pile
replacement, issued on September 29, 2005.
The information in this notice is complete and accurate.
Please contact our office if you should have any questions.
Very truly yours,
Jacquelyn Chung
Swift Slip Dock and Pier Builders
Permit Division
Apr 0713 09:46p EVC & DTF 1-949-476-5009 PA
2W -`;;_N -
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
August 30, 2012 . Special - mConditions
Property Address: 434 Harbor Island Drive
With reference to the Plans currently under consideration at the above referenced address to
recanfigure or modify the dock syslem or bulkheadr 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.pu.rvievK.,cf these Policies and Codes.
2. Any future work on the above mentioned structures) requires permits with the City of
L
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 th to alterations system
and/or bulkhead may require new conditions which may override or i e do ste
k c s
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 perrnitted.' —
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 a- other public
property for tbe purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial Purpose. B. Public streets, sidewafks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
L
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."
S. The project shall be implemented in conformance with the Local Coastal Program -Coastal
Land Use Plan.
Page 1 of 2
Apr 0713 09:46p EVC & DTF
1-949-476-5009 p.2
7. 4n accordance with Municipal Code 10.28,040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged irr 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."
S. Your side property lines extend `in the water along their same gearing. 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.
isa Walters, Harbor Resources Date
Ll
Ap nt Sig ature Print Narhe Dat
ier Applicant i atur tiif applicable) Print Name Date
Page 2 of 2
4
,
i
i
i
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 existing dock, gangway,
and pile. Replace with in size, shape and location. Like for like.
Address number must be stenciled on at least 1 bayward facing pile.
vier conaitions must oe signeea ny applicant prior to t'naa approval.
Propertv Address: 434 Harbor Island Drive
Legal Description:
Harbor Permit Number: 200-434
Plan Check Number: 1509-2012
Applicant: Emily Vogler
Applicant's Mailing Address: 434 Harbor Island Drive, Newport Beach CA 92660
Phone Number: 949-631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
`* Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa vvaiters, haroor Kesources
August 30, 2012
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
0—
I—
Worksheet for Building Combo Permit Ap licationf� (�Comm'I Residential City of Newport Beach - Building Division ARB R RESOURCE
NOTE: PLAN CHECK FEE DUE AT TIME OF SU
Grading
f—Drainage _ Elec F Mech. i Plum Cu 7YdCuti a
Project Address (Not mailing address) Su"ige/Nom
1434 Harbor Island Drive
Description of Work
Use
Remove existing floating dock, gangway, and pile. Replace with new in same size, shape, and
# Storiesr # Units (if Res)i
location
Valuation $
New/Add SF�
Remodel SF Garage/New/Add
Material/Labor .
3
OWNER'S NAME
Last Vogler First Emily
Owner's Address
Owner's E-mail Address
434 Harbor Island Drive
Jacquelyn.chung@sbcglobal.net
City Newport Beach
State California Zip 92660 Telephone 949.631.3121
APPLICANT'S NAME
Last Chung First Jacquelyn
Applicant's Address
Applicant's E-mail Address
2027 Placentia Avenue
iJacquelyn.chung@sbcglobal.net
City Costa Mesa
State California Zi 92627 Telephone 1949.631.3121
ARCHITECT/DESIGNER'S NAME Last First Lic. No.
Architect/Designer's Address
Architect/Designer's E-mail Address
City
State Zip Telephone
l
ENGINEER'S NAME
LastBazley First Timothy Lic. No. 50019
Engineer's Address
Engineer's E-mail Address
2500 Via Cabrillo Marina #200
City San Pedro
State California Zip 90731 Telephone 1649.631.3121
CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders Lic. No. 797052 Class1A
Contractor's Address
Contractor's E-mail Address
2027 Placentia Avenue
Jacquelyn.chung@sbcglobal.net
City Costa Mesa
State Californ Zip 92627 Telephone 949,631.3121
&
ENERGY P/C FEE $
FIRE P/C FEE $ I-tIlki LJ PERMIT NO.
GRADING P/C FEE $ .
PLANNING P/C FE"G ', � 2012 PLAN CHECK NO. 50cl — ,
ELEC/PLUM/MECH P/C FEE $
C P# Ltl % -7 PLAN CHECK FEE $ OO
DEVELOPMENT #
CITY OF NEWPORT BEACH TOTAL FEES PAID $
15
CITY OF
NEWPORT BEACH
r
10RC.tp1C
OCCRAI
VICINITY MFIP
MOVORT BRY, ,
wisum
BRY
WEST
JETTY PROF I LE 1' = 40'
SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
-ELEVATIONS BASED ON MEAN LOWER LOW WATER.
EEL GRASS INSPECTION
El Eelgrass within 15' of project
El Eeigmss within 15 - 30' of project
\allo EelgraWn pAojpct aria
M
Signature —
b%sDection Date & Time
'2MIMb R" ty
FLM V I CWT I 40
APPLICANT'S
JJOB ADDRESS 4-�4 1� NDRTE 7 fill
J,
Signature —
b%sDection Date & Time
'2MIMb R" ty
FLM V I CWT I 40
APPLICANT'S
JJOB ADDRESS 4-�4 1� NDRTE 7 fill
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
20 August 2012
Re: Dan Flynn
Emily Vogler
434 Harbor Island Drive
Newport Beach, California 92660
Remove existing floating dock, gangway, and pile. Replace with new in same size, shape, and location.
Document # 1 — Assessors Map
Document #2 — Aerial View of Project Site
Document #3 - Project Site
Document #4 — Drawing of Existing/Proposed Floating Dock
Floating Dock
Superfloat floatation pontoons
4 x 8 framing with 5 x 7 angle clips, and ''/z" bolting throughout
21/2" torsion tube built into fingers for long term stability
1 x 12 facia with white rub strip and corners
TREX 2 x 6 composite decking attached with stainless steel screws
16 - 14" cleats
Steel pile guides with 4 polyurethane rollers each
3 — 10" diameter heavy wall pipe pile
Gangway
2 x 12 stringers
Heavy duty hinge and axle wheel combination
Heavy duty axle wheel combination
1" half rounds for traction
3 x 4 posts
Decking to match floating dock
Milled handrails an double side rails
Map Output
nn
Page I of I
2009-2011
Aerial Ima(
ri so
60A
st
R -k
http-://www6.city.n*ewport-beach.ca.us/serv.1et/com.esri.esrimap.Esrimap?ServiceName=... 8/20/2012
OUPUI:uE
SHEET ?— OF SHEETS TRACT N® 3 8 6 7
SCALE: 1" = 40' -
S EE TME C-1TY OF NEWPORT BEACHN¢A
, COUNTY w: CNC -E, STATE
SNT. 2- IN OF CA�lFO¢NIA
N B8'12'35E 61 NUMBERED LOTS'AND LOT$ A -G INCLUSNE 26.C15 ACRES
386d69 __
SZ. .0,pa' WILLIAM J. FROST "L S. 31C9"
(FD.NT FER TR.AOD:
FD CITY OF NEWPORT\'� RAU6-REIN-FRC ST AND A5SCCIA7E5
BEAC>a STD. mo"i, �` EAST COAST
BRAY°pyP luulE��PE0. H/6yWAY DECE'ABE¢, 19.70
TR. N" 6161 M.M-14'+'de L
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6\,6 \ 6Ys. P>=R o R• IJlEA
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SEE SNT. (n NOTE%
SEE &MEET 1 FOR 6ASIS OF 155AVWC-S ANO INDEX
• MAP. SEE SWEET 2 FOR 6OuMDAR`/ SURVEY AMO
MONUMENT NOTES.
AUTHORIZATION OF AGENT
I (We), L 1 a hereby designate and
authorize Peter S ift an his representative Jacquelyn Chung, to act
on my behalf as my agent in the processing of this permit application
and to furnish, upon requesting, supplemental information in support
of application.
r, woj
�a s>�''
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
434 Harbor Island Dr
Newport Beach
August 22, 2012
Eelgrass Preliminary Survey / Preliminary Mitigation and Caulerpa taxifolia Survey
Eelgrass Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 8' to 11'
Bottom is sediment and sand
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:
78° Air 720 Water
Salinity:
Dominant flora:
Anemones, Ulva ssp.
Dominant fauna:
Skates, Mussels,m b
Exotic species encountered
none
Other site description notes:
Description of survey Effort:
Survey date and time period:
Survey conducted using SCUBA
(please describe the surveys
conducted including type of survey
DATE: August 22, 2012
(SCUBA, remote video, etc.) and
survey methods employed, date of
TIME :1030 PM
work, and survey density (estimated
percentage of the bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
4'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wie and, Sean Donovan
Survey density:
Survey limitations:
None
Other Information: (use this space
to provide any additional information
or references to attached materials
such as maps, reports, etc.
Eelgrass Survey Reporting Form (April 2009)
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 14 of 14
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
434 Harbor Island Dr
Newport Beach
August 22, 2012
Eelgrass Preliminary Survey / Preliminary Mitigation and Caulerpa taxifolia Survey
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 was conducted on March 1, 2012 and is valid for (90) ninety days from
date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving
Service at 949-759-0773.
Required Information
Site Name:
434 Harbor Island Dr
Newport each, CA
Survey contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmail.com
Permit Reference:
(ACOE Permit No., CCC Permit No.)
HyRd.ographic System:
Newport Bay
(bay, estuary, lagoon, or harbor)
Specific Location:
N Lat +33.613118"
(UTM, Lat./Long., datum, accuracy level, attach electronic
W Long -117.899216"
survey area map if possible)
Was Eelgrass Detected:
No
Description of Permitted Work:
Replace in-kind "U" dock, 3 piles, and
(describe briefly the work to be conducted at the site under the
gangway
permits identified above)
Eelgrass Pre Constructions and Caulerpa taxifolia Survey
Page 13 of 14
DIVE WORKS (949) 759-0773
434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Caulerpa Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 8' — 11'
Bottom is sediment and sand.
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:
780 Air 720 Water
Salinity:
Dominant flora:
Ulva ssp. Anemones
Dominant fauna:
Skates, Mussels
Exotic species encountered -
None
Caulerpa
Other site description notes:
Description of survey Effort:
Survey date and time period:
Survey conducted using
(please describe the surveys
SCUBA.
conducted including type of survey
DATE: August 22, 2012
(SCUBA, remote video, etc.) and
survey methods employed, date of
TIME :1030 PM
work, and survey density (estimated
percentage of the bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
4'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wie and, Sean Donovan
Survey density:
Survey limitations:
None
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)
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 12 of 14
V, waw
\4 s DIVE WORKS (949) 759-0773
434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
r ti
G SER`�Long Beach, CA 90802 August 22, 2012
f SV�G
Eelgrass Pre Construction and Caulerpa taxifolia Survey
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 was conducted on March 1, 2012 and is valid for (90)
ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive
Works Diving Service at 949-759-0773.
Required Information
Site Name:
434 Harbor Island Dr
Newport Beach, CA
Survey Contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmaii.com
Permit Reference:
(ALOE Permit No., CCC Permit No.)
Hydrographic System:
Newport Bay
(bay, estuary, lagoon, or harbor)
Specific Location:
N Lat +33.613118"
(UTM, Lat./Long., datum, accuracy level, attach
W Long -117.899216"
electronic survey area map if possible)
Was Caulerpa Detected:
No
Description of Permitted Work:
Replace in-kind "U" dock, 3 piles, and
(describe briefly the work to be conducted at the site
gangway
under the permits identified above)
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 11 of 14
'Wo
DIVE WORKS (949) 759-0773
434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
Lon Beach, CA 90802 August 22, 20°12
g
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Figure 4. Proposed Dock System for 434 Harbor Island Dr., Newport Beach
P1 A
At
-M
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 10 of 14
E` o
DIVE WORKS (949) 759-0773 434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
G Su
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 9 of 14
A iv, wow
DIVE WORKS (949) 759-0773 434 Harbor Island Or
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 8 of 14
F, wo
sus DIVE WORKS (949) 759-0773
434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
G Long Beach, CA 90802 August 22, 2012
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Figure 1. Site Location: 434 Harbor Island Dr., Newport Beach
1% .........
24
4e
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 7 of 14
.. - . 1. ..
DIVE WORKS (949) 759-0773 434 Harbor Island ®r
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
c scx
Eelgrass Pre Construction and Caulerpa taxifolia Survey
d. Post Reporting
At present no eelgrass was observed in project area. Anemones on the bottom between the head
walk and sea wall exist in the soil. Ulva ssp. Is scattered in small patches NW of existing dock. There
is no marine life to speak of directly under existing dock.
A Post Construction survey will be conducted within 30 days after construction per SCEMP (REV 11)
to determine impact to existing Flora & Fauna in project site.
Table 1: Tides and Currents for Newport Bay, 1030 AM August 22, 2012
Daily Title Prediction in Fest Back to statiGn
FimeZone: LST/Li3T Listing
Datum- 14LLW 2012108/22 - 2012/08/23 t'&
Help
5.58
J 5.88
0 4.58
4..88
a
3.58
3.88
2.58
d
u- 2.88
s 1.58
1.09
8 58
r P cted NL ~-
88/22 88/22 88/22 88122 88/23 88123
12an ban 12pn 6pn 12an ban
Date/Tine (LST/LDT)
88/23 88/23 88/24
12pn 6pn 12an
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 6 of 14
iwV, ` o
DIVE WORKS (949) 759-0773 434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
dw G sE0Long Beach, Ca 90802 August 22, 2012
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Current Situation
Resident (The Flynn's) at 434 Harbor Island Dr., Newport Beach, Ca, see Figure 1, has proposed to replace
existing "U" dock with an "in-kind" new "U" boat dock system, see Figure 4.
The proposed new "U" shaped boat dock system will be the same dimensions as existing "U" dock. The three
(3) existing piles are to be replaced "in-kind" as well in this proposal. The new dock system would be composed
of Douglas fir.
Eelgrass was not observed in construction site; see Figure 3 & Eelgrass Survey Report.
Caulerpa was not observed in any areas surveyed; see Caulerpa Survey Report.
Eelgrass Impacts
This report proposes no mitigation since there is no impact due to no eelgrass in survey area. See Figure 3.
Survey Method
Survey conducted August 22, 2012 beginning at 1030 hr, at approximately N Lat +33.613118", W Long -
117.899216". Day was sunny, air temperature 78° F. Water was 72° F. Depth ranged from sea wall at 8' to
approximately 11" at end of "U" shape existing dock, visibility was 4 ft. See Table 1. Survey area delineated
spanning 40' ft wide paralleling sea wall to 70' ft out from sea wall past end of proposed dock to cover entire
area to ensure >75% coverage of bay floor. Survey conducted by diver's 3' ft apart. Lanes ran parallel with sea
wall scanning approximately 2 ft on either side. See Figure 2.
Survey Findings
Dimensions of proposed "in-kind" dock are shown in Figure 4.
Eelgrass at this proposed project site was not observed. See Eelgrass Survey Report for detailed findings and
observations. Sea life observed were skates, Ulva ssp., mussels, anemones on bottom in sediment (sand and
dirt).
Discussion
a. Eelgrass Impact Mitigation Site
N/A
b. Proposed Transplant Site
N/A
c. Eelgrass Transplant Methods
N/A
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 5 of 14
W�
' sG DIVE WORKS (94.9) 759-0773
434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
Gs
Eelgrass Pre Construction and Caulerpa taxifolia Survey
List of Tables
Table 1. Site Location: Tides and Currents for Newport Bay, August 22, 2012
.....................................................................................................................6
List of Figures
Figure 1. Site Location: 434 Harbor Island Dr., Newport Beach
..................................................................................................................... 7
Figure 2. Dive Transects for 434 Harbor Island Dr., Newport Beach
............................................................................................................................ 8
Figure 3. Survey Results for 434 Harbor Island Dr., Newport Beach
................................................................................................................................. 9
Figure 4. Proposed Dock System for 434 Harbor Island Dr., Newport Beach
.....................................................................................................................10
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 4 of 14
�v w o
DIVE WORKS (949) 759-0773 434 Harbor Island Dr
429-0 Shoreline Village Drive Newport Beach
Long Beach, CA 90802 August 22, 2012
as
Eelgrass Pre Construction and Caulerpa taxifolia Survey
CONTENTS
List of Tables
4
List of Figures
4
Current Situation
5
Eelgrass Impacts
5
Survey Method
5
Survey Findings
5
Discussion
5
a. Eelgrass Impact
.................. ............ .............. . 5
b. Proposed Transplant Site
• • • • • • ............ • ............ • 5
EI T I t
... ............................ ................ 5
c. a grass ransp an
Methods
d. Post Reporting ................................................... 6
Mitigation Monitoring
Caulerpa Survey Form 11
Eelgrass Survey Form 13
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 3 of 14
v�F' WO
°mac s'
DIVE WORDS (949) 759-0773
434 Harbor
429-0 Shoreline Village Drive Newport Bach
Long Beach, CA 90802 August 22, 2012
Eelgrass Pre Construction and Caulerpa taxifolia Survey
RESIDENT
The Fynn's
434 Harbor Island Dr
Newport Beach, CA
Swift Slips
Dock & Pier Builders, Inc.
Costa Mesa, California
Eelgrass Pre Construction Survey
Report Prepared
August 22, 2012
by
Dive Works
Robert Wiegand
Survey assistance by
Sean Donovan
Eelgrass Pre Constructions and Caulerpa taxifolia Survey Page 2 of 14
W°
sc. DIVE WORKS (949) 759-0773
� 434 Harbor Island Dr
429-0 Shoreline Village Drive August rt Beach
GS 12
p Long Beach, CA 90802
HRV��
Eelgrass Pre Construction and Caulerpa taxifolia Survey
Date of: August 22, 2012
Subject: Eelgrass (Zostera marina) Pre Construction Survey and Caulerpa taxifolia Survey
434 Harbor Island Dr., Newport Beach
Eelgrass was not observed at proposed project site.
No Caulerpa Taxifolia was observed in subject area noted above.
This Pre Construction Eelgrass Survey is the result of studying this property and neighboring properties dock systems to
determine the presence of eelgrass.
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,
DiveWork@gmail.com
(949) 759-0773
Eelgrass Pre Constructions and Caulerpa taxifolia Survey
Page 1 of 14
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
August 30, 2012
Property Address: 434 Harbor Island Drive
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.
Lisa Walters, Harbor Resources Date
Applicant, Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
-_From: 714 367184 Page! 179 Date: 9115l200911,12:40AM
.�
69/E5/2008 10;63 FAX 16#97ED799) i
4u
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**Date of Applicator
"Prop" Adores.
'Buyer's Nar>nei
Billing Address
Telephone No,
X.Buyerls SlgnatuMG
"Seller's Names
Seller's SlgnaWres
Joint Owner Signature
"Escrow company;
**Addrez4
"Es0ow Number:
Closing Gate (Estirnate):
I
' *STARRED TEMS MUS
Inspection Data:
Fee Paid:
P11cartion Complete:
SPeclal Candltlnp�r
17 sccohn acce Wdh
HARBOR
,M Harbor Ie a
eve
Newport Beak, ,
A 92660
949- r?
m
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b
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Pl
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9 0S "F #.-T
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r BE COMPLETE TO SEVIS
r��`.,�r�ri'rw'.►�+.�.��r��
- i
THE pitflCi*SS,..
Relnspectin
�.�.�ar�►..ter+
`) /�di
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te:
- � heck
0 $Cv
Harbor Rescwraes sonafurwDats
Thl$POM?itisrsvocablebYCjYCouncii
t% 17 of the Newport Beach
001 Corte.
[Nd 89 Sb:6 600Z/94/6 :a}ea Z/Z :abed
60099Lb6b6 :Woad
•3100
For Alt Your Overhead Crane
And Electrical Needs
Residential Commercial Industrial
Cadosha Inspections, Service, Repairs.
Lic# CA -379 24 her. Emergency Service
ESYTLI TE OP r PURCHASE
OB 1VUb1BRE: ORDER:
CUSTOMER-
ADDRESS:
USTOMERADDRESS: °t
COivTAC . '
TEi,EPHONE:
Work Performed
(eu: 818.710-1108 Ujjice: 818.776-0422
e-mail cranetech@earthlink net
DATE: '7' I
( ) SERVICE) REPAIR
O TROUBLE CALL O QUOTE
Detail.
Material Used Estimated Time:
Estimated Price:
Total Hours On Job Or Quote: Total Electricians Used Or Quoted.• Date fob Is To Start.'
Y � � Customer Approved Please Print& Sign:
Date Completed.• i? -/
Serviced Br /o job Contact:r` { 4
L&M Crane & Electrical is i5Jf ' ,§
(form#l&m 03) Thanks You For Your burr* ess. i i
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
September 21, 2009
i CV
North American Title & Escrow
Fax: 714.546.3111
Re: HARBOR PERMIT TRANSFER
Pier Permit # 200-434
Escrow# 958805
434 Harbor Island Dr.
The Harbor Resources division has received the completed & signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. The permit will be transferred into
the buyer's name. Thank you for your help.
For further assistance in this matter, please contact me at 949.644.3044.
Sincerely,
Harbor Resources Division
INSPECTION FORD
Harbor Resources Department
Date: lfslu�
Inspection Requested By: "260—
Inspector: Don Duffy
Pier Address: Tz-5
Pier Transfer
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Reinspection
Yes Need . None Needed Yes_,–Need
Eelgrass
Date Time Eelgrass Within 15' of Project
F] Eelgrass Within 15' - 30' of Project
No Eelgrass in Project Area
Pump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Map Output
Page 1 of 1
http://www6. city.newport-beach.ca.us/servletleom.esri. esrimap.Esn'map?ServiceName=n... 09/15/2009
September 16, 2009
CITY OF NEWPORT BEACH
Harbor Resources
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
North American Title & Escrow
Fax # 714.546.3111
Re: Pier Permit # 200-434
434 Harbor Island Dr.
Dear North American Title,
���1iIVI
The dock was inspected by the Harbor Resources Division of the City of Newport
Beach at the property mentioned above. We cannot transfer the pier permit until
the following deficiencies have been corrected and the property has been re-
inspected:
1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in
outlet on the dock.
The Newport Beach City Municipal Code 17.60.030 states:
CA. Prior to the transfer of an annual pier permit, all harbor structures
shall be inspected for compliance with the City's minimum plumbing,
electrical and structural requirements, and the conditions of the existing
permit. All structural deficiencies must be corrected prior to the transfer of
the permit. A fee will be charged for this inspection, established by
Resolution of the City Council.
Please call 949-644-3044 to request a reinspection. Once the property has
passed reinspection and the application is signed by all parties, the dock will be
transferred.
Sincerely,
.ebaWdtm
Lisa Walters
Harbor Resources
*----------------------------• MetroScan / Orange (CA)
Owner :Long Harry G
Site :434 Harbor Island Dr Newport Beach 92660
Mail :Desert Horizons C C Indian Wells Ca 92210
Use :122 Res,Single Family Residential
Bedrm:2 Bath:3.50 TotRm:6 YB:1977 Pool:Yes
zoo -�?✓-/
:----------- - - - - -
*
Parcel :050 421 40
Xfered :10/29/1976
Price
Phone
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The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
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EIIAROGR PERMIT
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PERMIT ISSUED SISUBJECT To
DREDGE MATERIAL EING
HAULEOTC-, SEA
PLACED O- N P,-E-:ACp,
CITY OF NEWPORT BEACH HARBOR APPLICATION N0. 5
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PERMISSION IS HERESY GFU'i.NTED TO CONSTRUCT AW
MAINTAIN THE r-AC:Ll—.%l SH01j".M. UN�";HaE R VE-aZE smKic-01',
AT THE SITE 01,
THE 4'$AR80' Pi M—; Z, Al��U ANF
ANY S F E Cf,..q L
Is NOY
'I'"R C!-f"y HA,li5iR TF,
QIVE-IN URD -5. THIS
AND THIS PErRzVl,,T FS.;,.. R 0i
IN ACCORDAN"CE WiTH TITLE 17 Or Ti4E MUN.'CiPAL CURE.
;z(go
PERMIT NO:
CITY HARBOR COORDINATOR
C -1
ONS"FRUCTION RE Pro -MIT
DATE .....
SEE ATTACHED S
SPECIAL
Permit ol—le-,77
coun'ty Permit
Miner: s-e-e-ze-c
CITY OF NEWPORT BEACH HARBOR APPLICATION !%
�, o jam'- o� n � � ►i � �>.� . � ..;:;��
OP=G?NG APPLICATION
Project Location: 427 Harbor Island Drive
-ubic Yaeds to be Dredged: IQ
Method of Dredging: Ezr4ranI 4,- c„nTi nr
Nature of Dredged IMaterial: Barb/Qi t
Dismosition of Dredged Material: t- ne8c",reCI3M3-10n
diet mod of "Iateriai Disposition: -Pi reline tramsrort
T,, bidity Control Method:
Re��ina r?� ac�S^a-r..�a, woi nt�i +'z .
Izedgina on contiguous bulkheading and beaches
Reinforce/rrotect bulkhead -restore sand to der eted beac'
'Aark Sites , herebv state that _ have read :he
u J .
(print, name)
`ores oL" Tn g+neers De=J for maintenance dredging -Z i
C_tv of New -co -t Beach and orange County harbors, Beaches =::c parks
(i f aanlicable) permit- for Maintenance dredging and t. -.-at I accec _ =7 7 �."e
provisions therein. Additionally I guarantee that the p=posad dredg, nc
will not occur because of any alteri^g of existing use o.: the of=` -ted
zone.
Charles Rotkin T re {
(App Ii. cant- type name) Contractor -type
1 2 /?A /Rq
(Date)
Signed: �� Zyg
Contractor's
Representative
Armand, Wes
From: Armand, Wes
Sent: Thursday, July 13, 2000 3:04 PM
To: Carney, Seanne
Subject: New pier file
Please create a new file for a Residential Pier RP20005181
Name: Robert Ferrante
Address: 518 Harbor Island Drive
He should be billed for the entire year $75
Thanks
TO 1944 CA (8-74)
(Individual)TITLE
INSURANCE
AND TRUST
STATE OF CALIFORNIA )
} SS.
AnCOR COMPANY
COUNTY OF Orange )
On June 21, 1977 before me, the undersigned, a Notary Public in and for said
TState,
personally appeared Harry G. Long
W
.i
known to me
to be the person whose name l s subscribed
. N
to the within instrument and acknowledged that he
executed the same.RA
o3
���� K EL OTS
WITNESS my hand and official. seal.ti
t�G CRY ' °�, ;t -C L:i: 0RNIA
J
C` AING - 'COUNTY
r' ,r
My Co r^ issioez Expires 11/15/80
Signa t
(This area for official notarial seal)
HARRY G. LONG
June 21, 1977
City of Newport Beach
Marine Department
Attention: Mr. Glen E. welden.
Gentlemen:
Enclosed, please find my permits for my dock on
Promontory Bay. We are completeing our plans with
the architect, Rolly Pulaski of NevTloort Beach, and
intend to start construction as soon as possible.
To expedite, ��,,e tArould like to construct our dock
per enclosed.
We shall conform to all regulations and simply
wish to be able to build to avoid rising costs, and
to moor our 17' Boston Whaler.
Very truly yours,
HGL:hml
P.S. Contract has been placed
to Trautwein Brothers. Sam Kniss.
STATUS SHEET
HARBOR PERMITS
LOCATION 7 --of— New
PERMIT NO. 00 Revision
APPLICANT NAME ` Dredging
CONTRACTOR
Date Rec'v Fee Amt. /�7 s"Fee Processed
Date Reviewed by Marine Dept. —j /—
Approved ,/' Denied
Corection Required — Description
City Council: Approved
Remarks
REMARKS �
SSS
DATE FINAL INSPECTION
Denied
SARWQCB J.H.C. OR. CTY.
T.I.C.
DATE
MATERIAL
SENT/APPROVED
C.O.E.
SCR ZCC
1.
Application
1�
/
2.
Consent Ltr.
3.
"Waste" Ltr.
4.
Drawings
5.
Staff Report
6.
7.
8.
REMARKS �
SSS
DATE FINAL INSPECTION
Denied
SARWQCB J.H.C. OR. CTY.
T.I.C.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. O. BOX 2711
LOS ANGELES CALIFORNIA 90053
Mr, Harry G. bong
16 Mallard
Irvine (Woodbridge), California 92714
16 June 1977
Dear Mr. Long:
Reference is made to your request of 23 March 1977 (77-136). Upon the
recommendation of the Chief of Engineers and under the provisions of
Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403),
you are hereby authorized by the Secretary of the Army to construct and
install a ramp, float, cantilevered deck, and piling at 434 Harbor Island
Drive, Lot 43, Tract 3867, in Newport Bay, Pacific Ocean, City of Newport
Beach, Orange County, California, as shown on the attached drawing and
subject to the attached conditions (a) through (v).
Notice of the commencement of the activity must reach this office at
least five (5) days before the activity actually starts. Please use
the inclosed forms.
BY AUTHORITY OF THE SECRETARY OF THE ARMY: , ,
(a) That all activities identified and authorized herein shall be
consistent with the terms and conditions of this permit; and that any
activities not specifically identified and authorized herein shall
constitute a violation of the terms and conditions of this permit which
may result in the modification,suspension or revocation of this permit, -
in whole or in part, as set forth more specifically in Conditions (j)
or (k) hereto, and in the institution of such legal.proc.eedings as the
United States Government may consider appropriate, whether or not this
permit has been previously modified, suspended or revoked in whole or in
part.
(b) That all activities authorized herein shall, if they involve
a discharge or deposit into navigable waters or ocean waters, be at all
times consistent with applicable water quality standards, effluent
limitations and standards of performance, prohibitions, and pretreatment
standards established pursuant to Section 301, 302, 306 and 307 of the
Federal Water Pollution Control Act of 1972 (P. L. 92-500; 86 Stat. 816),
or pursuant to applicable State and local law.
(c) That when the activity authorized herein involves a discharge or
deposit of dredged or fill material into navigable waters, the authorized
activity shall, if applicable water quality standards are revised or
modified during the term of this permit, be modified, if necessary to
conform with such revised or modified water quality standards within
6 months of the effective date of any revision or modification of water
quality standards, or as directed by an implementation plan contained
in such revised or modified standards, or within such longer period of
time as the District.Engineer, in consultation with the Regional
Administrator of the Environmental Protection Agency, may determine to be
reasonable under the circumstances.
(d) That the permittee agrees to make every reasonable effort to
prosecute the construction or work authorized herein in a manner so as
to minimize an adverse impact of the construction or work on fi h
Y P
wildlife and natural environmental values.
e That the permittee agrees that it will prosecute the co:struction
( ) P g
or work authorized herein in a manner so as to minimize any degradation
of water quality.
(f) That the permittee shall permit the District Engineer or his
authorized representative(s) or designee(s) to make periodic inspections
at any time deemed necessary in order to assure that the activity being
performed under authority of this permit is in accordance with the terms
and conditions prescribed herein.
(g) That the permittee shall maintain the structure or work authorized
herein in good condition and in accordance with the plans and drawings
attached hereto.
(h) That this permit does not convey any property rights, either in
real estate or material, or any exclusive privileges; and that it does
not authorize any injury to property or invasion of rights or any
infringement of Federal, State, or local laws or regulations, nor does it
obviate the requirement to obtain State or local assent required by law
for the activity authorized herein.
(i) That this permit does not authorize the interference with any
existing or proposed Federal project and that the permittee shall not
r
"be entitled to compensation for damage or injury to the structures or
work authorized herein 'which may be caused by or result from existing
or future operations undertaken by the United States in the public interest._
(j), That this permit may be summarily suspended, in whole or in part,
upon a finding by the District Engineer that immediate suspension of the
activity authorized herein would be in the general -public interest. Such
suspension shall be effective upon -receipt ,by the permittee of a written
notice thereof which shall indicate (1) the extent of the suspension,
(2) the reasons for this action, and (3) any corrective or preventative
measures to be taken by the permittee which are deemed necessary by the -
District Engineer to abat imminent hazards to the general public interest.
The permittee shall take immediate action to comply with the provisions
of this notice. Within ten days following receipt of this notice of
suspension, the permittee may request a hearing in order to present
information relevant to a decision as to whether his permit should be
reinstated, modified or revoked. If a hearing is requested, it shall
be conducted pursuant to procedures prescribed by the Chief of Engineers.
After completion of the hearing, or within a reasonable time after issuance
of the suspension notice to the permittee if no hearing is requested,
the permit will either be reinstated, modified or revoked.
(k) That this permit may be either modified, suspended or revoked
in whole or in part if the Secretary of the Army or his authorized
representative determines that there has been a violation of any of the
terms or conditions of this permit or that such action would otherwise
be in the 'public interest. Any such modification, suspension, or re-
vocation shall become effective 30 days after receipt by the permittee
of written notice of such action which shall specify the facts or conduct
warranting same unless (1) within the 30 -day period the permittee is able
to satisfactorily demonstrate that (a) the alleged violation of the terms
and the conditions of this Permit did not, in fact, occur or (b) the
alleged violation was accidental, and the permittee has been 'operating
with the terms and conditions of the permit and is
able to
in compliance
that future
provide, satisfactory ,assurances operations shall be in full a
compliance with the terms and conditions of this permit; or (2) within the
aforesaid 30 -day period, the permittee requests that a public hearing be
held to present oral and written evidence concerning the proposed modifica-
tion, suspension or revocation. The conduct of this hearing and the procedures
for making a final decision either to modify, suspend or revoke this permit
in whole or in part shall be pursuant to procedures prescribed by the
Chief of Engineers.
(1) That in issuing this permit, the Government has relied on the
permittee has
information and data .which the provided in connection with
his permit application._ If, subsequent to the issuance of this permit,
such information and data prove to be false, incomplete or inaccurate,
this ,permit may be modified, suspended or revoked, in whole or in part,
and/or the Government may, in addition, institute appropriate legal proceedings.
(m) That any modification, suspension, or revocation of this permit
shall not be the basis for any claim for damages against the United States.
(n) That the permittee shall notify the District Engineer at what time
the activity authorized herein will be commenced, as far in advance
m of the time of commencement as the District Engineer may specify, and
of any suspension of work, if for a period of more than one week, re-
sumption of work and its completion.
(o) That if the activity authorized herein is not started within
one year from the date of issuance of this permit and is not completed
within three years from the date of issuance of this permit, this permit,
if not previously revoked or specifically extended, shall automatically
expire.
(p) That no attempt shall be made by the permittee to prevent the
full and free use by the public of all navigable waters at or adjacent
to the activity authorized by this permit.
(q) That if the display of lights and _signals on any structure or
work authorized herein is not otherwise provided for by law, such lights
and signals as may be prescribed by the United States Coast'Guard shall
be installed and maintained by and at the expense of the permittee.
(r) That this permit does not authorize or approve the construction
of particular structures, the authorization or approval of which may
require authorization by the Congress or other agencies of the Federal
Government
(s) That if and when the permittee desires to abandon the activity
authorized herein, unless such abandonment is part of a transfer procedure
by which the permittee is transferring his interests herein to a third
party pursuant to Condition (v) hereof, he must restore the area to a
condition satisfactory to the District Engineer.
(t) That if the recording of this permit is possible under applicable
State or local law, the permittee shall take such action as may be
P Y -necessary
to record this permit with the Register of Deeds or other appropriate
official charged with the responsibility for maintaining records of title
to and interests in real property.
(u) That there shall be no unreasonable interference with navigation
by the existence or use of the activity authorized herein.
(v) That this permit may not be transferred to a third party without
prior written notice to the District Engineer, either by the trans-
feree's written agreement to complywith all terms and conditions
of
this permit or by the transferee subscribing to this permit in the space
provided below and thereby agreeing to comply with all terms and conditions
of this permit. In addition, if the permittee transfers the interests
authorized herein by conveyance of realty, the deed shall reference this
permit and the terms and conditions specified herein and this permit
shall be recorded along with the deed with the Register of Deeds or other
appropriate official.
TE OFCALIFORNIAR�"
STA..
South Coast
��� r'
ED G. B d JN JR., Gov�rna
CALIFORNIA COASTAL COT�IISSIOTd
A.
The proposed
development, or
SOUTH COAST Rr
Git3�1AL CO"'ii��iSSIOi`J666
E. OCEAN BOULEVARD, SUITE 3107P.
O. BOX 1450LONG
BEACH, CALIFORNIA 30801 213/590-5071 714/846-0645.COASTAL
(;APP
DEVELOPMENT PERMIT
CA;
Application Number: A-4-4-77-543
Name of Applicant: Harry G. Long
13900 Mar uesas Way B. 52, Marina Del Rey, CA 90291.
Permit Type: E] Emergency
Standard
Administrative
Development Location: 434 Harbor Island Drive
Newport Beach, CA 92660
Development Description: Construction of a 42' x.24' float ramp and deck
adjacent to an existing single-family dwelling. Project is located between
t -he lst public road and the MHT. Public access to water is approx. 2,000 yds.
from site.
I. The
South Coast
Commission finds
that:
A.
The proposed
development, or
as conditioned, iss
1. In conformity with the provisions of Chapter 3 of the California
Coastal Act of 1976 and will not prejudice the ability of local
government to prepare a local coastal program in conformity
with said chapter.
2. If located between the nearest public road and the shoreline
of any body of water in the coastal zone is in conformity
with public access and public recreation policies of Chapter 3,
California Coastal Act of 1976.
3e That there are/are.no feasible alternatives, or feasible mitiga-
tion measures, as provided in the California Environmental Duality
Act, available which would substantially lessen any significant
adverse impact that the development as finally -proposed may have
on the environment.
.L I .
The -proposed development is subject to the following conditions imposed
pursuant to the California Coastal Act of 1976:
Condition/s Met On N/A By ape
III. Whereas,, at a public hearing9 held on April 1$ 1977 at
(date
Huntington Beach by a unanimous 1,,Ck__-___._ vote permit application
number A-4-4-77-543 is approved
iV. This permit may not be assigned to another person except as provided
in Section 131709 Coastal Commission Rules and Regulations.
V. This permit shall not become effective until a copy of this perr.'Iit
has been returned to the Regional Commission9 upon which copy all
permittees or agent(s) authorized in the permit application have
acknowledged that they have received a copy of the permit and have
accepted its contents.
VI. Wor' authorized by this permit must commence within two years from
the date of the Regional Commission vote upon the application. Any
extension of time of said corrilencement date must be applied for prior
to expiration of the permit.
VII. Issued on behalf of the South Coast Regional Commission on
April 19 , 197-Z--
7
977.
7
/
M. J. Carpenter
Executive Director
gc/ss.
permittee/,:, hereby acknowledge
receipt of Permit Number A-4-4-77-543 and have accepted its contents.
,1 ate signat re TM.