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HomeMy WebLinkAboutM2005-0014 (2)P0 0,01 0 CITY OF NEWPORT BEACH PO. BOX 1768, NEWORT BEACH, CA 92658-8915 August 7, 2001 0 Katsumi Imoto 552 Jade Tree Dr Monterey Park, Ca 91754 Re: Pier Permit 33535001 Dear Sir: The City of Newport Beach has received a complaint regarding a violation of City Harbor Permit Policy 2LA that states: "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connecte(T' T . here is a boat moored at the dock at 3 500 Marcus Avenue that is over the side property line and is within the boundaries of the City Street End. Please relocate this boat within 15 working, days from the date on this letter. Failure to comply with this notice will result in an Administrative Citation. If you require additional information regarding this matter, please call me. at 949-644- 3043. Sincerely, / P/ P/0, , - Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach �2�,Iwi �4O / 77,- V(C'P'J'Ty 5;<ETCH o 5o c/,7 /L L -/.V/`.Y jeot,er t�v-l- r bfr C '-'1,5 4LA ,-9 //,f /V L", E C4A',q 107, '3' 'L ;1/6 e- / F- �elvl -Twg -3 -�, 57- lK -, - -,", I%- �--- -& -- - - r-- A I - I p, er. 2-- 5". Z "th, - j 610-4- ' NEW E] t ADD ALTER -1mg yll-A co Check Appropriate Box for Applicant - DEMO Ej # OF STORIES VALUATION $ SID FT (NEW/ADDED/EXTG) 3. OWNER'S NAME _LA�T FI T OWNER'S ADDRESS, OWNER'S E-MAIL ADDRESS CITY STATE ZIP C-6r- F� 4. ARCHITECT/DESIGNER'S NAME LAST FIR!�T--- LIC. NO. ARCH ITECT/D ES IGN ER'S ADDRESS ARCH ITECT/DES I GN ER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 6. CONTRACT05>AAME P/ BUSINESS LIC. 6�f0d'al W� , STATE LIC. 7 No. Class CONTRACTOR'S ADDRES,9 2 -- 7 CONTRACTOR'S E-MAIL ADDRESS CITY STATE ZIP IL- 7'IPH25, -'�No OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY - GROUP PLAN CHECK ENG. r-UllllbADlUy_dppllLdLJUll 0/411U14 CITY OF NEWPORT BEACH /_EXISTING BLD'G WALL PROPOSED GUARDRAIL FINISH GRADE T.O. COPING EL=+9.00' 4i WEST ......... COAST lyz . . ........... .......... ........... . ............ PROPOSED CONC ....... COPING ............ ............... PR ECT ........ .. ........... .... ........... ... ..... 4 PROPOSED CHANCE ANCHORS ............ ....... IVORO DREDGE LINE ............... ELEV...... ......... ............. VARIES�x 17'-0" MIN TYP ...................... ..................... ... ....... ............... ..... ............................ ..... ......... ...................... ................................ ........... ........................ ........... .............. ............ ........ .. ...... PROPOSED CONC BULKHEAD .... ....... E OT OF ................. WALL................ ................... ................ ............... ............. .... ........ .................................................... s TYPICAL BULKHEAD SECTION N. T. S. ...... .................. ... ........... .......... ........... .......... VICINITY MAP ...... ......... ........ ................. N.'T . S. SOUNDINGS ARE EXPECTED IN FEET NORTH AND DENOTE ELEVATIONS BASED ON NEWPORT BEACH, CALIFORNIA MEAN LOWER LOW WATER. A v v PROPERTY LINE PROPERTY LINE EXISTING STRUCTURE cl) r3 4- m :33 -0 Im m =3 0 LL) co co M 2 co NEW THREADED TIE C) 0 Z:5 --j 0 c: RODS AND CHANCEI ANCHORS TYPICAL m Lo Lo z ui m a) m 2 m CD m D> 0 > M =7� PROPOSED SEAWALL 28.58'(VERIFY) PROPERTY LINE S 36' 59' 48" E PLAN VIEW N. T. S. NORTH APLICANTS NAME : SWIFT SLIP DOCK & PIER BUILDERS LOT BLOC CONTRACTOR : SWIFT SLIP DOCK DATE JOB ADDRESS :3500 MARCUS AVENUE & PIER BUILDERS 03/12/04 NEWPORT BEACH, CA 92663 2027 PLACENTIA AVE. COSTA MESA, CA 92627 (;I i T vr fvLvvrvn i v=m%on r-,Anovn 7-5 OF Wole le0o 7' 0 HARBO, \RES TINVI-5 V'5 CITY OF WPOR, E�ACH 1517, Ad *4r., .R 7' C, C, 0 lk vgA VICI filTy KETCH �U,-7 /,n 9.5 dr 1, O�7 LOIV&I- I -OW WarL*e'-#-- oe I ro..9pe. o,.r x ""o Y�w/,Y- �werv. Raw -bo. - arc ezriobld,sho--cdl 5 -5 Ir C A'0 0 / eV-- WOw- C7,r- 'N - . /\), : I -e, e, r, 4AWAA-4L- ,I 1 11 m ALIC-, EEL GRA S ECTION EC�( C ,�(NOEELGRASSWI Nl OF PROJECT 0 EEL GRASS IN TIH i T AREA 4�1�6 A.1 lj!�� - SIGNATURE -;,5 o o /o /9 PERMIT # DATE HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for -permit application to the South Coast Regional Commission pursuant to California C" 2� Administrative Code, Sections 13210 and 13211. 1,61-941 General Description of Proposed Development: Install intellocking fiD"Iass sheet pile in front of existing sea wall. I Property Address: 3500 Marcus Ave. Legal Description: lHarbor Permit Number: 335-3500 IPlan Check Number: 2325-2003 1 Applicant: Imoto Applicant's Mailing Address: 3500 Marcus Ave., Newport Beach, CA 92663 Phone Number: 949-631-3121 3 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 >C'They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, o 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 Zoning Ordinance 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: XHas been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of 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. Tom Rossmiller, Manager, Harbor Resources /I Signature: 3, Chris Miller, Harbor Resources Supervisor September 12, 2003 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 1. WORrEET FOR BUILDING / FIRE PERMIT APP�--WION J CES DIV HARBOR R.ESOURC CITY OF NEWPORT BEACH TY OF EWPU T BEACH BUILDING DEPARTMENT 1-03 TYPE 1,6�T IESS (NOT MAILING ADDRESS) IFLOOR ISUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK RACT 2. DESCRIPTION OF WORK J c-cilcrek NEW 17-1 ADD Check Appropriate Box ALTER DEMO E] # OF STORIES VALUATION $ SQFT (NEW/ADDED/EXTG) F� 3. OWNER'S NAME IA T 7-- L 0 FIRST OWNER'S ADDRESS �7 WNER'S E-MAIL ADDRESS STATE I V/T 6�- PHONE NO. 6,.>,- (- ) I '�-- /� 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 7 5. ENGINEER'S NAME LAST FIRS� STATE LIC. NO. ENGINEER -p ADDRESS ),,� �7�/ �0 ENGINEER'S E-MAILADDRESS 7-5-00 vi C11? ST TE ZIP PHONE NO. F] 6. CONTRACTqR'SNAME IiS LIU IBU;61NE:, E LIC. 9'701?Class -S� w No. CONTRACTOR'S ADDR Ot�TiR,�PT'OR'SE--MAILADDPtf-SS C? 'R PHONEZLIO ............ OFFICE USE ONLY PERMIT NO. —7-5Z TYPE OF CONSTRUCTION PLAN CHECK NO. 7 — ZC0,5 SS PLAN CHECK FEE$ OCCUPANCY - GROUP PLAN CHECK ENG. FormsOdg.application 10-18-02 0 Eelgrass-Suryg ,Reporting Form (Versiou 1.0, June 20, 2003), This form is required to be submitted for -any surveys conducted for the eelgra�s, Zostera rharina, that are required to be conducted under federal or state pernuits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identif�irig eelgrass while ensuring that the required infonnation 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 fin-ther information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) §80-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Required Information Site Name: 1(common �Z::::] re ference) .urvey Contact: name, p -mail) Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: (bay, estauy, lagoon, or harbor) 0 Specific Location: (UTM, Lat./Long., datum, accuracy level, attach if Alecv -74 -Ila 6 a electronic survey area map possible) "Cor 6'�O ar Ca Was Eelgrass Yes, Eelgrass was found at this site. Detected: /V(P No, Eelgrass was not found at this site. Description of Permitted Work: (describe briefly the work to be conducted at the site under pe s identified above) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Depth range: Substrate typ e: Temperature.* Salinity: Dominant flora: Dominant fquna: Exotic species (f encountered: Other site description notes: Description of Survey Survey date /0 Effort: and time (please describe the surveys conducted including type of period: Pso 6"o survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed) Describe any limitations encountered during the survey efforts. Horizontal visibility in water: Survey type and methods. '3-caic- 401/1/e -5-f Survey 141?0(et-501- C'-� 9'r&�CA personnel: lj�C'9 1001Y761? a A Ve �'f?) 67 3 Zq'8 3 Survey density: '90 A O(Y) Survey limitations: 11101?(f Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) 3 "W 41- -mw. 1 0 V~, rr .4 A,/jffpV L.VA�EA4> X 5 Ac- mrX'S'. C, 4 .1 0 ce- -'? A, Nswp-oar 5AY, CAL IFC�IMNIA Al 7-5 1/ 1. . t;;� are to(V.Vcf � p10 )�Jj �rc,"-� /A 7L- 1vo -0 -8,f vwi-O -7i &A Wo4,—L- �9 A� /4 4- c e-ls , I I I 't 1 ZAS:7 /9 Ile 1VU4S C4w4L- *q�o d 4c*Acz)37 Auc-, . rAr CITY Ce NEWPUK i BEAGM HARBOR AVrLl"l IUM MV. / -5, 9, 1 - .50, z 4 �5,f/ZCI 7' Af&n4d .5/ 7:6- VICIMITY SkETCH, NtVWP-ORr 5AY, CAL WcOZP41A C'V,O,-'AS "L-7CO�7 fOrVe.- ZOW are eaiob1f*sh&d oyr'A1cwpv,,-1 '50'r. P(ov �exf �� (eo, I —&- ILI rv) :L OL Ce.1-5 /9 1161VULS 3-5-0 V'4t*Ac4)5- Auc-, -e, -rA- SWIFT SLIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswiftslip@sbcglobal.net www.swifts iDdock.com February 10, 2004 Femie Sy California Coastal Commission 200 Oceangate, Suite 1000 Long Beach, CA 92627 RE: Imoto/Flanders, 3500/3502 Marcus Avenue, Newport Beach (Orange County) Permit Application No. 5-03-396 Dear Fernie: This is in response to your letter dated October 23, 2004 concerning the above -referenced application. I Project alternatives have been explored. The interlocking fiberglass was proposed as,the method of repair because it creates the least impact to the surrounding envirom-nent. It is not our desire to fill coastal waters and mitigate. It is our intention to repair or replace the existing seawall in the same location to protect the property and existing structures in the area. As an alternative, we could install precast reinforced concrete panels in place of the existing structure. We intend to explore the concrete panels as a project alternative (see attachment 1). 2: Item no. 2 of your letter addresses the filling of open coastal waters which no longer applies to this project. 3 Item number 3 of your letter requests additional materials to substantiate the need to repair the seawalls. Along with our original application we included a letter from the City Attorney's office requiring a repair be made to prevent the flooding at high tide (attachment 2). We have enclosed 4 pages of Fernie Sy California Coastal Commission February. 10, 2004 Page 2 photographs depicting the seriousness of the flooding (attachment 3). We have a qualified engineer preparing plans to repair or replace the failing seawall. His professional recommendations will substantiate the need to repair or replace the existing seawalls. The -General Services Department of the Newport Beach contacted the office of the City Attorney to have the homeowners rectify the problem of flooding at 3 5 th Street and Marcus Avenue. The existing seawall no longer protects the existing structures in the area at high tide. If the existing dilapidated seawall fails prior to proper repair, it puts public and private property at risk. . The deterioration.and eventual failing ofthis seawall could impact marine life, local shoreline sand supply, adverse impacts to water quality, etc. Section 30235 of the Coastal Act states that seawalls shall be permitted when required to protect existing structures. To do no work at all would be reckless and negligent on the part ' Commission and leaves the homeowners open to legal action of the Coastal by the City. 3(a): If the concrete panel method is approved, the bank is protected by sandbags. The old structures are removed and the concrete panels are driven in at the appropriate location. To tie into the adjacent property, the seawall at 3502 will have a 12'return. 3(b): We will submit two sets of detailed, full size plans prepared by an appropriately licensed professional. 3 (c): Concerning your requirement for a biological study, enclosed you will find our eelgrass survey reporting forms (attachment 4) and caulerpa taxifolia survey reporting forms (attachment 5). Neither was found. 3 (d): We have obtained clearance from the Regional Water Quality C ontrol B o ard and the U.S. Army Corps of Engineers will issue a permit upon the receipt of the issuance of the coastal development permit I will notit, each agency of the alternative material to be used for the wall when that has been determined. 3(e): Construction of the bulkhead will not result in dewatering of the project site nor will excess water be discharged into Newport Harbor. 3(f): The now proposed method of construction is to replace the existing seawall Femie Sy California Coastal Conunission February 10, 2004 Page 3 at the property line. We do not propose to fill open coastal waters. The Department of Fish & Game is noticed of the project by the U.S. Army Corps of Engineers and that permit reflects -the review of the Department of Fish & Game. 3(g): The repaired or replaced seawall will not encroach seaward beyond the boundary of the applicants' property. These properties are not located in — -y tidelands. Count 4: For forty years this seawall has been puttied and patched with plywood to hold back the flooding waters. These feeble repairs are no longer acceptable to the City. 5: There is no proposed dock work associated with this project. 6: Enclosed with this letter is a check in the amount of $400 for the balance due to process this project on the regular calendar. 7: We will submit reduced sized plans as you requested and two sets of full size plans you also requested. Please �all me if you should have any questions or comments. Very truly yours SWIFT SLIP DOCK & PIER BUILDERS Beth Swift Permit Division /brs Enclosures cc: Daniel K. Ohl, Deputy City Attorney, City of Newport BeachVe""' STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 4 200 Oceangate, Suite 1000 Date: June 21, 2004 Long Beach, CA 90802-4302 a (562) 590-5071 Permit No: 5-03-396 COASTAL DEVELOPMENT PERMIT On June 10, 2004, the California Coastal Commission granted to Helen & Katsumi Imoto & Flanders Family Limited Partnership Coastal Development Permit 5-03-396, subject to the attached Standard and Special Conditions, for development consisting of: Demolition of existing bulkheads and construction of new bulkheads in the same location. More specifically described in the application file in the Commission offices - The development is within the coastal zone in Orange County at 3500 & 3502 Marcus Avenue, City of Newport Beach. Issued on behalf of the California Coastal Comm une 2 2004. �'" 1' . . 11 PETER DOUGLAS Executive Director ACKNOWLEDGMENT By T it ram Analyst i le-: �6oas�tal P]3� The undersigned permittee acknowledges receipt of 'this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury,ca,used by the issuance . of any permit . . ." applies to the issuance of this permit. I . MPORTANT:THI , S PERMIT IS'N . OT VALID I UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature -of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-03-396 Page 2 of 4 STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit- and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration, If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time - .. Appjication for extension of the permit must be made prior to the expiration date.� 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assimment. The permit may be assigned to any quali I fled 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: Construction Responsibilities and Debris Removal A. No construction materials, -equipment, debris, or waste will, be placed or stored where it may be subject to wave, wind" or,rain erosion and dispersion. B. Any and all construction material will be removed from the site within 10 days of completion of construction. C. Machinery or construction materials not essential for project improvemen+� will not -be allowed at any time in the intertidal zone. LO D. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. E. 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. F. Non -buoyant debris discharged into coastal waters will be recovered by --d-i-vers-a,,-soon-as-po-ssible-afterloss.- - COASTAL DEVELOPMENT PERMIT No. 5-03-396 Page 3 of 4 2. Pre -Construction Eelgrass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) sury ' ey 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 modifiedby this special condition) adopted by the National Marine Fisheries Service and shall be pre pared in consultation With the Califofflia Depart-rhent affish and- Game. The applicants 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 Eellgrass 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 cbristruction,the applicants shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall, be prepared in consultation with the California Department of Fish and Game. The'applicants shall submit the post - construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after co'mpletion of the survey. If any eelgrass has been impacted, the applicants shall replace the impacted eelgrass at a minimum 1.21 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 12:11 (mitigation: impact). The exceptions to the required 1.21 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 Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicants shall undertake a survey .COASTAL DEVELOPMENT PERMIT No. 5-03-396 Page 4 of 4 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 Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: -(-l)-f6-r the review -and approval of the Executive Dire . ctor; and (2) to the Surveillance Subcommittee of the South ern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide 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 requiremen . ts, including but not ,limited to thosebf the -California Coastal Act, or 2) the applicants have revised:thd Project to avoid any contact with C.. taxitblia. No revisions to the:'project shall occur without a Coastal Commissi 6 n approved amendment to this coastal development permit I unless,the Executive Director determines that no amendment is legally required. JUN -22-2004 11:58 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.3 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS Plo. Box 6=1 1 LOS ANGELES, CALIFORNIA SM53-2326 November 4,2003 JIMYT A7ENTIO'N OF: Office of the Chief Regulatory Branch Mr. Robert N. Flanders & Ms, Helen Imoto 00��S witsilipb::)a and Pier Builders Attention: Beth Swift 2027 Placentia Ave Costa Mesa, California 92627 Dear Mr. Flanders and W Imoto; Reference is made to your request of September 29, 2003 (File No. 200400067-SJH). 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 install 40 corrugated interloddng fiberglass panels for seawall repairs at 3500 and 3502 Marcus Ave., in Newport Bay, in the city of Newport Beach, Orange County, Calffornia, as shown on the enclosed drawings. The owner(s) 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 wM comply with all coxii4ons. One of the signed copies of this Letter of Permission must be -returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office- as to the dates of commencement (wifl-dn 10 days. pr.ior to the s�" of construction). and completion of the activity ( 'thtn 10 days following the end of construction). Thank youfor participating in our regulatory program. Sincerely, Mark Durham Chief, South -Coast Section Reeulatory Branch DATE L California Regional Water Quality Control Board Santa Ana Region 10 Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger Secretaryfor (909) 782-4130 * Fax (909) 781-6288 Governor Environmental http://www.swrcb.ca.gov/rwqcbg Protection March 18, 2004 Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REPAIRING OF SEAWALL, HELEN IMOTO, 3500 MARCUS AVENUE, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, A r/ Klor�=enoZln)401T. Martirez, Jr., P 1 n Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutag2101et California Environmental Protection Agency Q� Recycled Paper California Regional Water Quality Control Board Santa Ana Region Winston Hickox Internet Address: littp://www.swrcb.ca.gov Gray Davis Secrelaryfor 3737 Main Street, Suite 500, Riverside, Califomia 92501-3348 Governor Environmental Phone (909) 782-4130 FAX (909) 781-6288 Prolecil . 017 October 1, 2003 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue. Costa Mesa, CA 92627 PROPOSED SEAWALL REPAIR, HELEN NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: IMOTO, 3500 MARCUS AVENUE, If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will benecessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, rilo eno (Jun) T. Mar*tirez, Jr., P.E. � 0 M", 't'." Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/bluta.-1 891et California Environmental Protection Agency co, Recycled Paper STATUS SHEET HARBOR PERMIT TRANSFER LOCATION S-290 P E R M I T N 0. Sel I er L C Buyer 4- AAIL)"—M Date Application Received:!� Date Fee Received: Request for Inspection made by: Escrow Co. i Date Escrow Officer Escrow No. Address -#-(0< Phone. 7 �-bro C) Date Inspection made: 4, Deficiency Letter sent: Deficiency corrected: Transfer completed: — Date Inspection: 1. Location 2. Pil.umbing: 3. Electrical: 4. Structural : 5.OTHER: REMARKS: Inspected by: BUYERS' NAME(5) ADDRESS OF FACILITY: PERMIT xbt*%ul Arcus Avo MAILING ADDRES Sib A, "- Tft* ar, L 0. W FEE CHECK NO. PATE APPROVI APPLICATIOWIS HEREBY MADE TO TRANSFQ HARBOR PERMIT OCHD BUYERS' NAME(S) -77- ENG (ABOVE NAM8S.TO BE TYPED) COUNCIL SIGNATURE OF�SELLER �.SIGNATURE OF BUYER PUBLIC W ORKS DEPT -O `SgLL�ERn ESCROW SI"A E, :�.tIGNA E OF BUYER IN S PEC T,6, SIGNATURE OF JOINT OWNER for APPLICATION APPROVED il)ATE)� CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT 15 REVOCABLE BY THE CITY COUNCIL -IN ACCORDANCF-9,WI.TH TITLE 17�-! OF THE -MUNICIPAL CODE. CITY OF NEWPORT BEACH. CALIF. WX FORM 60,1013 REV. P0 U 141 F0 ?L_ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 16,1996 Mr. Imoto Katsumi 552 jade Tree Drive Monterey Park, CA 91754 Re: Harbor Permit #335-3500 Bulkhead Bayward of 3500 Marcus Avenue Dear Sir: The City of Newport Beach Marine Division in June 1993 corresponded with the property owner regarding the deterioration of the bulkhead bayward of the property at 3500 Marcus Avenue. A copy of the letter is attached for your . information. As of this date we have received no indication that those repairs have been done. A follow-up inspection by the Marine Division indicate that the walls are still in a deteriorated condition. Within the next 45 days, it will be necessary for you to hire an engineer to inspect the wall, prepare drawings and submit drawings to the billing department for a building permit. Repairs recommended by your engineer must be completed on or before December 15, 1996. Failure to complete these repairs could result in grounds for revocation of the Harbor Permit as provided by Section 4.H of the Harbor Permit Policies and Section 17.24.094-5 of the Newport Beach Municipal Code as outlined in the letter addressed to you of June 22, 1993. If you have any questions regarding the above or would like to discuss this further with me, please contact me at 644-3041. Sincerely, Tony Melurn Deputy Chief Marine Environmental Division 3300 Newport Boulevard, Newport Beach P0 _4 III0 ;> CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 FO? ,:0, June 22, 1993 Imoto Katsumi 552 Jade Tree Drive Monterey Park, CA 91754 RE: Harbor Permit 335-3500 for bulkhead baywrd of 3500 Marcus Avenue Dear Mr. Katsumi: The City of Newport Beach Marine Department has been notified by the City Building Department that the bulkhead bayward of your property is deteriorating and this deterioration, particularly at high tide, allows water to leak through the bulkhead. This water eventually ends up on City streets and increases the chances of flooding of private property and creates a threat to public safety. Section 4.H. of the Harbor Permit Policies states: 4.H. "The Permittee shall keep the structure in good repair at all times. Failure to repair, when written notice has been given by the Marine Department, shall be cause for revocation of the permit." As a result of this condition it will be necessary for you to institute maintenance repairs or replacement of the existing bulkhead to resolve the above condition. Failure to make these repairs couid result in revocation of your Harbor Permit, as stated in Section 17.24.094 of the Newport Beach Municipal Code which states: 17.24.094(5): Grounds for Revocation. "Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council if the work or structure has fallen into a state of disrepair." If you have questions regarding the above or would like to discuss this with me, please contact meat 644-3044. . Sincerp Tony Meli Deputy Director 3300 Newport Boulevard, Newport Beach Public 'kiliotioce US Army Corps of Application of Engineers Los Angeles District P.O. Box 2711 for Permit Los Angeles, CA 90053 Public Notice/Application No. 82 -90 -RA SPLCO-R Date 14 MAY 1982 Comment Deadline: 14 JI) �1 Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described below and shown on the attached drawing(s). Applicant(s) - Mr. Bill Abinesmith 3504 Marcus Avenue Newport Beach, CA 92663 Location. Rivo Alto Channel, Newport Bay, Pacific Ocean, at 3504 Marcus Avenue, Lot 3, .Block 335, Tract Canal Section, city of Newport Beach, Orange County'California Activity, Purpose - to construct a new concrete bulkhead approximately three feet in front of'an existing wood seawall. (cont. on page 2) Comment and Review Period - Interested parties are U.S. Army Engineer District invited to provide their views on the proposed work, ATTN: SPLCO - R - 82 -90 -RA which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.) sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination - A preliminary determination has been made that an environmental impact statement is not required for the proposed work. .Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authoriza.tions Required - City of Newport Beach Water Quality: KI Certification that the proposed work will not violate applicable State Water quality standards has been requested from location state L] None Required Coastal Zone Management: :E The State of California is reviewing this work for consistency with its approved Coastal Zone Management Program. E., None Required Cultural Resources - The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species - Preliminary determinations indicate that the proposed activity will not affect endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is not required. Authority - This permit will be issued or denied under the following authorities: EX Structures or work in or affecting navigable waters of the United States - Section 10, River and Harbor Act of 1899 (33 U.S.C. 403). 12 Discharge of dredged or fill material,,,for purpose of dumping into waters of the United States - Section 404, Clean Water Act (33 U.S.C. 1344J. 11 Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation - The decision whether to issue a permit Will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonab!y may be expected to accrue from the proposal must be balanced against its reasonably foreseeable 00 -0 detriments. All'factors which may be relevant to the proposal will be considered including the cumulative 0) LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, cl� wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, co LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, _j LL safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal < would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. I IN REPLY REFER TO SPLCO-R Public Notice No. 82 -54 -RA 2 6 JAN 1982 Comment Deadline. 2 6 F E B 1982 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. Box 2711 LOS ANGELES. CALIFORNIA 90053 APPLICANT. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 APPLICANT'S AGENT: Mr. Tony Melum Tidelands Administrator City of Newport Beach (714) 640-2156 ACTIVITY; Under Section 10 of the River and Harbor Act of 1899 and under %ectl-on 404 of the Clean Water Act, the applicant proposes to replace an existing deteriorated wooden bulkhead with a new p recast concrete bulkhead alorkg, an improved alinement; replace an existing street end gate valve and catch basin; extend an existing street end storm drain; place about 110 cubic yards of Imported fill behind the new bulkhead; and extend the street end surface improvements to the improved.bulkhead alinement. All work will be done in Rivo Alto, Newport Bay, Pacif�c Ocean, at Marcus Avenue and 35th Streel-, city of Newport Beach, county of Orarge, State of California, as shown oii Lhe attached , drawings. The evaluation of the impact on the public interest of this activity will include application of the national guidelines promulgated by the Environmental Protection Agency contained in Guidelines for �p��Ificatio - n - of — Disposal Sites for Dredged or Fill Material, Federal Register 6�� er 1980, p of 24 c 85336'(40 Code of Federal Regulations 230). PURPOSE AND USE: To protect private property against high tide water and structural damage during reconstruction. FFDERAL, STATE MD LOCAL AUTHORIZATION: California Coastal Commission. ENVIRONMENTAL ASSESSMENT PREPA4ATION: When the Comment Deadline has passed and all relevant information has been received, the District Engineer will p . repare an Environmental Assessment (EA). It it concludes with a Finding of No Significant Impact, processing of the permit application shall continue without preparation of an Environmental Impact Statement (EIS). However, if t1ye EA concludes that the proposed activity may significantly affect the quality of the human environment and the District Engineer believes that the issuance of a permi� may be In the public interest, an EIS will be prepared before the final, decision on the application. IMPACT ON CULTURAL RESOURCES: The area of�-_potential. environmental impact of the proposed activity does not include any of the properties listed in or determlned eligible for listing in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having knowledge of historical, cultural, archeological, or scientific resources which may be affected by the proposed activity should contact this office during the comment period. The permit (if issued) will include the condition that items of potential archeological, scientific, prehistoric or historic value which are discovered in the course of construction activities shall be carefully Preserved in situ pending a determination by the Corps of Engineers of their significance and appropriate disposition. PUBLIC HEARING: Any person who has an interest which may be adversely affected by the issuance of a permit may request a public hearing. The request must be submitted in writing to the District Engineer on or before the comment deadline and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by the activity. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office on or before the comment deadline. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the -public interest. That decision will reflect the national concern for both protection and , utilization of important resources. The benefit which reasonabl� pay'be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to Win the public interest. FOR.MORE INFORMATION: Contact Bob Atkins of the Regulatory Functions Branch at (213) 688-5606 before 3:00 p.m. - Chief Construction-Operat ions Division 2 ui L JL >.4 Iz z sr a z 1 41 .1 PQ A w 1 4 J.- -'I L 4(-) w --T _J '.�..j m j I I CL w cri all Nal PA N -J! tutu G zi cc 4 AN TI Tl� TI P() ClIrY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 MEMORANDUM TO: Tony Melum, Marine Department FROM: Faysal Jurdi, Chief Plan Check Engineer att-1-1 SUBJECT: Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue DATE: June 16, 1993 In an effort to reduce property loss due to flooding in the City of Newport Beach, we investigated the causes of flooding in the 3500 block of Marcus Avenue. On June 11, 1993 Lloyd Dalton from the Public Works Department and I inspected the bulkhead at the subject addresses and found that the wood bulkhead is' deteriorated and is allowing earth to leak into the channel. Continued earth leakage will result in the undermining of structural foundations. When high tide occurs, water leaks through the bulkhead instead of a delayed rise through the retained earth. This increases the rate of water accumulation in city streets during rains and high tide when the tide- valves have been closed by the General Services Department. This results in an increased chance of flooding of private property and creates a threat to public safety. The worst bulkhead condition was found to exist at 3500 Marcus Avenue where earth caved behind the bulkhead due to earth leakage to the bay through the deteriorated bulkhead. Sand bags have been placed behind the bulkhead. However, it is not an effective method of solving the problem. Since maintenance of the bulkhead is under your department's authority, please request that the property owners at the subject sites replace these wood bulkheads in order to protect their properties and mitigate the causes of flooding in the area. cc: Lloyd Dalton, Public Works Mike Pisani, General Services 3300 Newport Boulevard, Newport Beach January 25, 1982 CITY COUNCIL AGENDA ITEM NO. E_ DL Cot TO: CITY COUNCIL FROM: Public Works Department SUBJLCT: 35TH STREET'END REPLACEMENT NEAR MARCUS AVENUE (C-2283) RECOMMENDATION: Adopt a resolution awarding Contract No. 2283 to Trautwein Brothers Waterfront Construction for $42,787 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A. M. on January 5, 1982, the City Clerk opened and read the following bid for this project: Bidder Amount Bid Trautwein Brothers Waterfront Construction $42,790 The corrected bid total is $42,787, which is 38% above the Engineer's estimate of $31,000. Most of the disparity between estimated and bid amounts I is attributed to high unit prices for bulkhead work and unclassified fill, and to the lack of competing bidders. Funding for award is proposed from the following accounts: Description Account No. Amount Harbor Street End Improvement Program 02-4181'-052 $26,000 Storm Drain Improvement Program 02-3497-053 16,787 The contract provides for (1) replacement of the existing wooden bulkhead with a precast concrete bulkhead along an improved alignment, (2) replacement of the existing street end gate valve and catch basin, (3) extension of the street end storm drain, and (4) placement of backfill and extension of the street end surface improvements to the improved bulkhead alignment (see attached sketch). Trautwein Brothers is a well-qualified marine contractor which has successfully completed similar contracts for the City. Although the work constitutes a minor alteration of exis.ti ng public �structures for repair and replacement and is therefore "categorically exempt" from EIR requirements, staff has recently been notified that the City must obtain a Coastal Development Permit (from the California Coastal Commission) and a Department of the Army Permit (from the U.S. Corps of Engineers). These permits have been applied for and, barring t.,nforeseen delay, should be received by March I, 1982. Trautwein Brothers has been informed of these applications and has agreed not to commence contract work until the permits are received. Contract time will commence upon receipt of permits and will expire 45 calendar days thereafter. )ZI, dBeen Nolan .Diikl i e- WnA/� n; nnRl .-L AV I -- w w U) LAKE AVENUE PROJECT LOCATION DRAWN DATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 35 TH. STREET END REPLACEMENT PUBLIC WORKS NEAR MARCUS AVENUE LDRAWING NO. EXHIBIT CHECK LIST FOR APPLICATION NO. 82 -54 -RA (Circled items are incomplete. Numbers refer to numbered items on your application form.) 6. Purpose, description of structures on fills or platforms, type, composition, quanity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. 7. Mailing addresses, owners and lessees. 12. When issued, provide copies of approvals or certifications listed on your application and below under "OTHER". 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. 15. Print name and title of signer, signed statement as described in item designating your agent. A fee of N/A will be charged if and when the permit is issued. Please make the check payable to the Finance and Accounting Officer USAED LA. Please place your application number on the check. DO NOT SEND CHECK UNTIL REQUESTED BY OUR OFFICE. DRAWINGS - SEE ATTACHED CHECKLIST OTHER: Please send a copy of your Coastal Commission Permit when issued. APPLICATION FOR A, DEPARTMENT OF THE ARMY PERMIT Form Approved - offiee- of For use of this form, we EP 1145-2-1;; Mgmt & Budget No. 49-RO420 The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899. Section 404 of P. L. 92-5N and Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable waters of the United States, the discharge of dredged or fill 'material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in OValLiating the application for a permit. Information in the application Is made a matter of public record through Issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary- In order to communicate with the applicant and to evaluate the permit application. If necessary'infdrination Is not provided, the permit application cannot be pro- cessed nor can a permit be issued. One set of original drawings or good reproducible copies whicii show the location and characte r of the proposed activity must be attached to this application (see sbn. pie drawings and checklist) and be submitted to the District Engineer having jurisdiction over the location of the proposed activ ; ity. An application that is not completed in full will be returned. Application number (To be—assigned by—Corps) —Date" rps use only. 22-- 12 81 Day MO. Yr. 4. Name and address of applicant. 5. Name, address and title of authorized agent. City of Newport Bea c h Tony Melum, Tidelands Administrator 3300 Newport Boulevard Attention Marine Department Newport Beach, CA 92663 City of Newport Beach, 330 Newport Blvd. Telephone no. during business hours A/C (711 640-2156 A/c (714) 640-21 S6 A/c V 14 ) fi0=22-d' _1_ A/c (714) 640-22Pi-- 6. Describe in detail the proposed activity, its purpose mid intended use (private, public, commercial or other) including descrip- tion of the type of structures, if any to be erectbd on fills, or pile or float -supported platforms. the type, composition end quantity of materials to he discharged or dumped and means of conveyance, and the source of discharge or fill material. If additional space is needed, use Block 14- Deteri orati on of the exi sti ng wooden bul khead and ti da I gate.valve at.35th Street.is permitting,high.t,ide water to enter upon and flood nearby streets.and cause property damage.,-This.contract �rovides.,for,(11),,replacement of the a -precast con I cret I e -bulkhead �along animproved aligni-tient, existing wooden bulkhead with L (2) replacement of the existingstreet end gate valve and catch basin, (3) extension o - the street,end-storm,.drain, and (4) placement of backfill and e�"tension of the (see 14 7. Names. addresses and telephone numbers of adjoining property owners. lessees, etc., whose property also adjoins'the waterway. 1. John Whelan 3412 Harcus Avenue, Newport Beach CA 92663 (714)675-5802 2. William F. -Bell --3500 Marcus Avenue,�Newport Beach, CA 92663 (714)675-2098 a. Location where proposed activity exists or will occur. Address, Tax Assessors Description: (if known) Street, road or other descriptive location Map No. Subdiv. No. Lot No. Marcus and 35th Street, Newport Beach In or near city or town Sec. Twp. Rge. Orange California 92663 County ate Zip Code 9. Name of waterway at location of the activity. Rivo Alto, Newport Bay ENG Form 4345, 1 OCT 77 Edition of I Apr 74 in obsolete. Jo. Date activity is proposed to common(, Data activity is expected to be completed 1982 11. 1 a any portion of I the activity for which authorization is sought now complete? YES MV NO If answer is "Yes" give reasons in the remark section. Month and year the activity was completed Indicate the existing work on the drawings. 12, List all approvals or certifications required by other federal, interstate, state or local agencies for any structures, constfuc— tion, discharges, deposits or other activities described in this application. Issuing Agency Type Approval Identification No. Date of Application Date of Approval None 13. Has any agency denied approval for the activity described herein or for any activitV'directly related to the activity described herein? Yes No (If —Yes— explain in remarks) 14. Remarks or w1ditional information. street end surface.improvements to the.improved, bulkheaTalignment (see attached sketch) . The backfill'-used.,wi,ll b6-clean—unclassified fi 11' i n'acco.rdapce- wi th "Standard Specification's,for P.ubl ic -Works Con�tructjon" and will be. trucked, to the site. 15. Application is hereby made for apermitor permits to authorize the activities described herein. I certify that I amfa-miliar with the information contained in this application, and that to the best of my knowledge and bet.lief such information is true, complete, and accurate. I further certify that I possess the authority'to undertake the proposed activities. Signature of r Appi !cant or Authori zed Agent The application must be signed by the appi I cant;: however. it may 136 signed by a ckily authorized agent (named in Item 5) it this form Is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information in support of, the application.,. 18 U. S. C. Section 1001 provides that: - Whoever, in any n , ner within the jurisdict-ion of any department or agency of The United States knoWingly and.willfully fats as, conceals, or covers up by any trick. scheme, or device a material fact or makes any false, fictittous or fraudulent statements or representations or make; or uses any false writing or document knowing some to contain any false fictitious or fraudulent statement or entry, shal I be fined not nK)re than $10,000 or iniprisioned not more than five,years, or both. Do not *and a pen -nit processing too with this application. .The appropriate too wi H be assessed Man a permit is issued. tullp".4 PTTI to cc kA ON -11 T r 11 J1 t -J W 'k put I I 1 111 Al N1 -L=., J- tj I- t4J I j -- - - - - 0-�7W OAI& w jr w F- --Z (n z n - 01 t t a w tc) ME rn ci 1 u P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 12,1986 Katsumi Imoto 3500 Marcus Avenue Newport Beach CA 92663 RE: Flooding at private properties along River and Marcus Avenue Dear Property owner: On December 2, 1986 personnel from the City of Newport Beach observed sea water flooding coming from your property. It is presumed that the flooding is the result of inadequate height on your private bulkhead or caused by the water leaking through your private bulkhead. Please be advised that it is the property ownerls responsibility to maintain the bulkheads and to maintain them at the proper height to protect against flooding. Please con -tact the' Marine Department immediately and indicate what measures yuou are taking to solve this problem at your property. If you have questions 3044. Sinc-e-rely, Tony Ybdiud Tidelands Administrator TM: db in this regard please contact me at 644 - 3300 Newport Boulevard, Newport Beach e" Waterfront Construction SAM F. KNISS PARTNER 2410 Newport 'Ivd., Newport Beach, Calif. 0 (714) 673-1960 Gentlemen: The City has obtained a,Coastal Commission permit for this project and should receive the Corps of Engineers' permit very soon. You are therefore author- ized to proceed with construction. You will notice on -the attached two prints of revised sheet 2 of the plans that the street end bulkhead has been moved to three feet inland from the "as -bid" position. 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"22 - MWl M 41 tn r 0 0 9) M 4, QM w w M M w S, Q CL r 2 W M r tn M - R" -, w 2 l tr u q L, 13 B M 2 1 1 w "8 � _" U, C; ll 9 i I QP M M > w r w a 0, 11 .�j M o E M M =z U, v W, U) -0 0 U) (R v) r U2 Q. 0 1 B M W I I w I Ulu fj 0.; v M V I 9= w M r s, 0 0- w w L7, L, C9 Lq 67 81 W_4 w > f Z I v Ei - N _0 2 0 2 0 — 0 9! -1. 0. l U0 w Ao u l w > > 2 5 In iu 8 X;i 8 1 - . M cc "M w 8-, u -2 a .1 N LA15 141 , ;,. 3 :5 E- r u DO R -0 u 8 tn 0 > a o 0 0 .0 L, -C -.2 0 8 , - - r 1 1; t L A j� M . � -Z B 8 f Ux r RIM 01 .6 C; .6 tn C; W 0, PO 0 r) CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 PUBLIC WORKS DEPARTMENT 714/640-2281 May 5, 1982 Department.of the Army Los Angeles District, Corpsof Engineers P. 0. Box 2711 Los Angeles, CA 90053 Attn: W. H. Mahoney Re: Public Notice No. 82 -54 -RA (35th Street End Replacement near Marcus Avenue) Dear Sir: In your letter of March 22 ' 1982, you requested us�to submit a response to correspondence from the U. S. Fish and Wildlife Service and -the Resources Agency of California concerning our permit application. With regard to comment from the U. S. Fish and Wildlife Service, the City intends to provide wetlands restoration in the Upper.Newport Bay Ecological Preserve:in exchange for the Coastal Commission's approval of our permit for this project. Details of the restoration.will be forwarded to you along with a copy of the Commission's approved permit:as soon.as-such items are made available to us. With regard to comment from fh�;Resources Agency of California, water quality clearance was provided on September 17, 1981. (Copy attached). Futher information regarding this project may be obtained from Mr. Tony Melum at (714) 640-2156 or me at (714) 640-2281.. Very truly yours,, Lloyd Dalton Design Engineer LD: rb cc: Marine Department 3300 Newport Boulevard, Newport Beach IW State of California, Edmund G. Brow� Governor California Coastal Commission 5-27-82/CP/bp SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 5-82-25 666 E. Ocean Blvd., Suite 3 107 Long Beacli, CA 90801 (213) 590-5()71 Page 1 of 2 0- May 19, 1982 The California Coastal CoTrnission granted to City of Newport Beach., 3300 Newport Blvd., Newport Beach, CA 92663 this permit for the development described below, subject to the attached Standard and Special conditions. Replacement of existing wooden bulkhead with -pre -cast concrete bulk- heads along new alignment and extension of street -end with associated surface improvements, including new tide gate valve. SITE: 35th Street end, at Marcus Avenue near RiVo Alto NewDort Beach CA Issued on behalf of the California Coast --ommi MICHAEL L. FISCHET IMPORM- THIS PERMIT IS NOT VALID UNLESS Executive Director Aun nuin A r and UPI tor Int. rtamli VVIIH Ink SIGNED 'ACKNOWLEDGEMENT HAS BEEN RE- TURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Permit No. 5-82-25 Page 2 STANDARD CONDITIONS: 1 . Notice of Receipt and Ackno ledgenwnt. The permit is not valid and construction shall not commence until a copy of We—perTnit, 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. E xpira t i . on. If construction has not commenced, the permit will expire two years from the date on which the CommissioE voted-­ont e application. Construction 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. Com liance All construction must occur in strict compliance with the proposal as set forth in the application for permit, su ject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. I 5. Inspections. . The Commission staff shall be allowed to inspect the site and the deve,lopment during construction, s . �1jec-1- _t6_ 24 -hour advance notice. 6. Assi2Ment. The permit may be assigned to any qualified person, provided assignee files with the Commission an aTTa—davit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPEECIAL CONDITIONS: This permit issubject to the following special conditions: 1. The applicant shall reconstruct the bulkheads along an alignment which extends the minimum distance bayward necessary to avoid undermining the adjacent private structures, but in no event further bayward than the present bayward extension'of the bulkhead on the northwestern side of 35th.Street. Fqr every square foot of area filled, 5 square feet of wetland restoration shall be provided as mitigation. The mitigation plan, specifying the ex- tent, location, and method of restoration to be carried out in the Upper Newport Bay Ecological Preserve shall be developed in consultation with the Department of Fish and Game and shall be submitted to the Executive Director for review and approval prior to issuance of the permit. The mitigation plan shall be implemented within six months of completion of the bulkhead reconstruction or within one year of issuance of the permit. 4 State of California, Edmund G. Brown jr., Governor California Coastal Commission 5-27-82/CP/bp S UTH C0 -%ST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 66(1 FOcean 131% d., SUile 3107 Long Beach. CA 40801 (2 H) 590-50-1 5-82-25 Page I of 2 On May 19, 1982 . The California Coastal Commission granted to City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 this.permit for the development described below, subject to the attache(� Standart2 and Special conditions. Replacement of existing wooden bulkhead with pre -cast concrete bulk- heads along new alignment and extension of street -end with associated surface imnrovements, including new tide gate valve. SITE: 35th Street end, at Marcus Avenue near Rivo Alto Newport Beach, CA Issued on behalf of the California Coast 11 k=_4i'si _in by IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RE, TVAMD TO THE COMMISSION OFFICE. MICHAEL L. FISCHrIZ Executive Director and K� JUN 1 19820�- il-'_ Vj­ ACKNOWLEDGEMENT The undersianed permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Permit No. Page _2 STANDARD CONDITIONS: 5-82-25 1. 1 Notice of kecei t and Acknowledgement. The permit is not valid and construction shall not commence, urt-.11 a copy cz 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. If construction has not commenced, the permit will expire two years from the date or. which the Corwissior Expiratior vote,' or the application. Construction shall be pursued in a diligent manner and completed ir. a reasonable perioc of. time. Application for extension of the permit must be made prior to the expiration date. 3. Cofi,--liance_ All construction must occur in strict compliance with the proposal as set forth in the ap�licatior for ��e�t-77_1._,__s_ulbject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Comr-issior. T ne -,t 1. 1 — , ­... - . . - r - 3 ta 1F I bc a 11 OC�zd tc, 4 ns P"?c t thE s i te a , -d the udc,­ s�bject t3 24-hour advance notice. 6. Assiqrv-ert. The permit my be assigned to any qualified person, provided assignee files with the Comrission an affa�avit accepting all terms and conditions of the permit. 7. Tems an., Conditions Run with the Land. These terms and conditions shall be perpetual., and -it is the intention of the Cowission and the permittee to bind all future owners and possessors of the subject property to the terms anc concitions. '-Z. SP This permit is subject to the following special conditions: 1. The applicant shall reconstruct the bulkheads along an alignment which extends the minimum distance bayward necessary to avoid undermining the adjacent private structures, but in no event further bayward than the present bayward extension'of the bulkhead on the northwestern side of 35th Street. Fqr every square foot of area filled, 5 square feet of wetland restoration shall be provided as mitigation. The mitigation plan, specifying the ex- tent, location, and method of restoration to be carried out in the Upper Newport Bay Ecological Preserve shall be developed in consultation with the Department of Fish and Game and shall be submitted to the Executive Director for review and approval prior to issuance of the permit. The mitigation plan shall be implementea within six months of completion of the bulkhead reconstruction or within one year of issuance of the permit. SPLCO-R DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 City of Newport Beach ATTN: Mr. Tony Melum. Tidelands Administrator 3300 Newport 'Boulevard Newport Beach, CA 92663 Gentlemen: 2 2 MAR 1982 In response to our Public Notice Number 82 -54 -RA, concerning your permit application, the inclosed correspondence was received from the U.S. Fish and Wildlife Service and Resources Agency of California. Further action on your application is being withheld for a maximum of 45 days. No permit will be granted unless the applicant shows that its issuance is in the public interest. We suggest that you contact the above parties directly to resolve their objections. If you are -unsuccessful, please submit to this office a letter describing (a) your efforts to contact the parties, (b) the results of any discussions with them, and (c) your proposed resolution or rebuttal. We will then attempt to arrive at a solution consistent with the public interest. If you have any further questions concerning this matter, please call our Regulatory Functions Branch, (213) 688-5606. Sincerely, 2 Incl W. H. MAHONEY As stated Assistant Chief, Construction - Operations Division . . United States Department of the Interior FISH AND WILDLIFE SERVICE AREA MANAGER 2800 Cottage Way, Room E-1803 Sacramento, California 95825 MAR 0 1 1982 In Reply Refer To: ES -LN Commander Los Angeles District Corps of Engineers P.O. Box 2711 Los Angeles, CA 90053 Attention: Regulatory Branch Re: PN 82-54, City of Newport Beach Dear Colonel Taylor: The Fish and Wildlife Service (FWS) has reviewed the referenced public notice dated 26 January 1982, for work in lower Newport Bay, Orange County. These comments have been prepared under the authority, and in accordance with the provisions, of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and other authorities mandating Department of Interior concern for environmental values. The applicant proposes to construct about 40 feet of new bulkhead to replace a deteriorated wooden bulkhead, extend a dead-end street (35th Street), and improve a storm drain. About 110 cubic yards of imported material would be used to fill about 842 square feet of intertidal area in the Rivo Alto portion of lower Newport Bay. Despite the highly developed, marina nature of Newport Harbor, the estuarine habitat is considered to be of relatively high value as a nursery and foraging area for a variety of marine f ishes and a f oragin& and loaf ing area for water -associated birds. Also, the tidal prism, the volume of water contained between the upper and lower ranges of the tides, is the primary engine for water circulation and, thereby, water quality. We are concerned about encroachments into the bay waters resulting from required bulkhead replacements and realignments, because of the cumulative net reduction in estuarine habitat and tidal prism which they represent. The subject project would cause a permanent loss of about 842 square feet of estuarine habitat and about 172 cubic yards of tidal prism. Further, the referenced public notice explains neither the need for extending the dead-end street and storm drain, nor why the existing bulkhead could not be replaced in its present location and our discussions with others includ- ing the applicant's representative have not offered clarification. In view of the long-term adverse impacts to public fish and wildlife resources described above, the FWS recommends that any permit issued incorporate the following modifications which would make the project more environmentally acceptable. 1. The existing failed bulkhead shall be repaired in place. 2.. No roadway, storm drain extension, or fill shall be constructed. If after further scrutiny of the applicant's purpose and needs, the Corps of Engineers (CE) concludes that some or all of the proposed fill is warranted, implementation of conditions to offset the resulting biological losses of the fill would be appropriate. Due to the complex ownership and highly developed nature of the lower bay, projects to compensate the losses of estuarine habitat and tidal prism in the lower bay seem impracti- cable. Such projects can be conducted in the upper bay, within the Upper Newport Bay Ecological Reserve, managed by the California Department of Fish and Game (CDFG). The CDFG has designated certain areas within the Ecological Reserve that are appropriate for the removal of old dredge spoil in order to reestablish tidal influence. In some circumstances, it may be appropriate for the project proponent to actually conduct the compensating work under the guidance of the CDFG. In other cases, the permittee could reimburse the CDFG any cost for performing the required work. In conclusion, should the CE conclude that some or all of the proposed fill is necessary and unavoidable, FWS recommends inclusion in the subject permit of the following conditions: 1. For each square foot of estuarine habitat lost as a result of fill (not.to exceed 842 square feet), one square foot of new estuarine habitat shall be constructed by excavation and removal of material in a manner acceptable to the CDFG, from an area designated by CDFG within the Upper Newport Bay Ecological Reserve. Said excavation shall also re-create a tidal prism volume of about 172 cubic yards. 2. The compensation specified in condition 1. shall be completed in advance of or simultaneously with the authorized fill, unless the applicant arranges for the CDFG to perform the work at a later date. The FWS personnel are willing to work with the applicant, insofar as manpower and funding constraints allow. Should there be any questions 2 regarding this letter, please contact Ralph Pisapia or Jack Fancher of our Laguna Niguel Field Office. Please send a copy of any permit issued to them so that we may complete our file. Sincerely yoursf Area Manager cc: EPA, San Francisco, CA NMFS, Terminal Island, CA CDFG, MRR, Long Beach, CA. CDFG, Newport Beach, CA (Attn: Ron Hein) CCC, Long Beach, CA (Attn: -Carol Pillsbury) Aity of Newport Beach, CA (Attn: Terry Melum) 3 Resources Building EDMUND G. BROWN JR. Air Resources Board California Coastai Commission .1416 Ninth Street GOVERNOR OF California Corsevvation Corps 95814 CALIFORNIA Colorado River.B,-3rd Energy Resources Conservation (91 1 6)445-5656 and 0evelopment Commission Regional Water (!Zua!jty .Department of Conservation San Francisco Bay Conservati-on and DeveloPmen. Cornmissien Department of Fishand Game olid Waste Management Board Department of Forestry State Coastal Conservancy Department of Boating and Waterways State Lands Cornmission - Department of Parks and Recreation THE RESOURCES AGENCY OF CALIFORNIA 'State Redamati:3n Board Department. of Water Resources State Water F4esources Control SACRAMENTO, CALIFORNIA Board Colonel Paul W. Taylor U.S.- Army Corps of Engineers February 26, 1982 Post Office Box 2711 Los Anaeles C> CA 90053 Public Notice.82 54.(Newport Beath) Bulkhead and assorted facilit ies, Newport Bay, Orange County. Dear Colonel Taylor: The State agencips listed below have reviewed the subject public notice and provided c'onrnent-s used in writincl- this response. The tD findings. Resources Ajoency concurs in these The Santa Ana. Reaional Water Quality Control Board comments that the applicant has been required to provide the specifics regarding CD CD the proposed project included in this public notice as to how water quality will be protected during construction. No such informatioln has been provided. Therefore., the Regional Board recommends thaL. this application be held in abeyance until the applicant has ob- ta-ined water quality clearance with the Board. Questions regarding these comments should be directed.to John Zasad- L? . zinski, senior engineer, Regional Water Quality Control Board, 6809 Indiana, Avenue5 Suite 200, Riverside., CA 925o,6.. Given the above, the State also recommends holding the application in abeyance. Once water quality clearance is obtained., vie would not object to issuance of the Corps permit. Sincerelyp. V 'IRNS f or JAI�E-S W. Bb .Assistant Secretary for Resources cc: Department of Boatingr and Waterways State Lands Commission Department of Parks and Recreation Depti of Water Resources State Water Resources Control Board Coastal -Commission Department of Fish and Game 'Wildlife Conservation Bd. National Marine Fisheries Service Applicant U.S. Fish and Wildlife Service .,Ott OF C UIUITED STATE i3EPARTMEIUT OF COMMERCE PJational Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southwest Region 300 South Ferry Street Terminal Island, California 90731 February 10, 1982 F/SWR33:RSH 1503-01 Colonel Paul W. Taylor District Engineer Los Angeles District Corps of Engineers P.O. Box 2711 Los Angeles, CA 90053 Dear Colonel Taylor: We have reviewed Public Notice No. 82-54, dated January 26, 1982, for the replacement of a deteriorated bulkhead in Newport Bay. We offer the following comments for your consideration. On August 25, 1981, a member from my staff met with the applicant to discuss the project. Our representative stated that the National Marine Fisheries Service would have no objections to the replacement of the bulkhead including the 404 acre fill. Although the project would result in some adverse impacts to marine fishery resources, our Agency's position of no objection to the project was based on the unavailability, at that time, of a suitable mitigation site to offset the losses associated with the relatively small fill. Subsequent to our conversation with the applicant areas in upper Newport Bay have been'identified as possible mitigation sites for projects similar to that proposed in this public notice. Although we will not object to the issuance of a permit for this project, the applicant should be aware that we will recommend mitigation for similar projects in the future. Sincerely yours, Alan W. Ford Regional Director cc: CDF&G. Long Beach USFWS, Laguna Niguel Rl— 'qo N ny Melum, City of Newport .OF u 13 Jan ary-11,982,. Dat Dea Sir: r Your application dated 22 Dec 8 1 —was rec-eived in our office on 8! 82 82-54—RA and has been assigned Application No. (City of Newport Beach — Replacing of bulkhead etc.) Please refer to this number when requesting further information. Sincerely H -,MHONF LA FL 572-A----' L _--sSistan Ch- 9t ction—a Apr 79 s n A" .3 0 DEPARTMENT OF THE ARMY POSTAGE AND FEES PAID . 1. -- I �1 DEPARTMENT OF THE ARMY Los Angeles District, Corps of gineers 13013-314 P.0 . Box 2711 I -- A --- I-- onnrz December 14, 1981 CITY COUNCIL AGENDA ITEM NO. F-10 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: 35TH STREET END REPLACEMENT NEAR MARCUS AVENUE (t-2283) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Cl erk to advertise for bids to be opened at 11:00 A.M. on January 5, 1982. DISCUSSION - Deterioration of the existing wooden bulkhead and tidal gate valve at 35th Street is permitting hi.gh tide water to enter upon and flood nearby streets and cause property damage. This contract provides for (1) replacement of the existing wooden bulkhead with a precast concrete bulkhead along an t 3 stre of t improved alignment, (2) replacement of the existing street end gate valve and Ecatch basin, (3) extension of the street end storm drain, and (4) placement of backfill and extension of the street end surface improvements to the im- proved bulkhead alignment (see attached sketch)." Inasmuch as the work constitutes a minor alteratio - n of existino ouwj�c. structures fo i r. --a Q4 reDlac-ement— -the ProTecr-1-s Tamma c—a-Te—gorically exempT"- rom EIR requirements. Staff has published and filed the exemption, and has obtained project clearance from the Water Quality Control Board. The Engineer's construction estimate is $31,000. Construction funds will be taken from the Harbor Street End Improvement Program and the Storm .Drain Improvement Program. Plans and specifications have been prepared by the Public Works Department. Work should be' completed by.May 1, 1982. Benjamin B. Nolan Public Works Director LRD:jd Att. IWAAee'415 A VEN 4 IF - NO 71F Npaaw// JF�e /a * x to' 4?. -'7w Orl"Oove AVOP05eD F.EAW14Z.4 Newport Bcoy Newport Beach, California �kqplication bLj e"emrr jr 1VArVU4Z tl Fig 'V 7 A k --re AIA S 0 m /Wuo- ZR.S 7 29. C's IWAAee'415 A VEN 4 IF - NO 71F Npaaw// JF�e /a * x to' 4?. -'7w Orl"Oove AVOP05eD F.EAW14Z.4 Newport Bcoy Newport Beach, California �kqplication bLj e"emrr jr 1VArVU4Z 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 WATERFRONT CONSTRUCTION Contractors License No. 322996A October 14, 1982 - Department of the Army Los Angeles District Corps of Engineers Regulatory Branch P. 0. Box 2711 Los Angeles; Ca. 90053 Subject: Application No. 82-89 - RA7 Norton Flanders No. 82-90 - RA7 Bill Rhinesmith No. 82-94 - RA7 William P. Bell Attn: Bob Atkins Dear Bob: Enclosed please find a copy of the Coastal Permit. Please amend the Corp of Engineer's permit application to match the Coastal Permit. The new wall will be installed immediately adjacent to the existing bulkhead. I have also enclosed copies of the new drawing. Sincerelv, TRAUTWEIN BROTHERS WATERFRO STRUCT STMuel F.��niss SFK/tlb Enc. 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 WATERFRONT CONSTRUCTION Contractors License No. 322996A October 15, 1982 Executive Director California Coastal Commission 631 Howard Street San Francisco, Ca. 94105 Re: Application No.1s: 5-82-311 (Flanders) 3502 Marcus Avenue Newport Beach, Ca. 5-82-312 (Rhinesmith) 3504 Marcus Avenue Newport Beach, Ca. 5-82-315 (Bell) 3500 Marcus Avenue Newport Beach, Ca. Dear Sir: As the agent for the above referenced, I agree to the conditions that "the new bulkhead be placed immediately adjacent to the existing wood wall" as outlined in the "Staff Report and Re- commendations" dated August 11, 1982. Sincerely, TRAUTWEIN BROTHERS WATERFRONT,-��ONSTRUC3ION San�Gel F. Kniss SFK/tlb c.c. Rhinesmith Flanders Bell A Don OR 'BE �.,J, ,,C �IJEWP .9D Jt PoM Mpg - C% P - ago&&, C, C --)(I . S7c2-- 4v VICIMITY SKETCH #JSW004DRr al^y, CO�L IVCRpdi^ "For 0 CfZ4ffa,--f.#c— 4EA)/ AL Clfffjwlf-4-- raffl-pre /,;ves are c&YQ61-F'5hffc( A6 VAIS Secleaw ojrAQ-w,~1 A�ar- c or 0 r—r— RIC14- 7-,It5PJ -n'P= - 17-,444/ IT> 44) 0145W— k, o*7 /p, �t4 4: 4ejflsr 444WAL4- C.,9 tV A 4. _-Isler c rl/40 A.) �441( OF NEWPORT S'r.ACM,,OA ir 7 1 GOV )f *4W 0-,9AIA4- 0 gR 7! Y c r./Ov cocoa" a&& JIV VICINITY SkETCH J A -, Oiew"wr S.^Y, CAL iorcoaram BAST 29.Sf lov rs - 1,AYO are WAO=WCNsevf 002 reeof ao2of agpffoic ceppOPAS be/ow Aorcon I-oove'r ZOW WOA�- -4forAmm-Am Aor- are emic6lr'sheof fit 11*".s SL-Cb*.V 039'WCW,~/ 74"W A Z. J �Aq, /I-- Ak A b ir 0-,9AIA4- c r./Ov I A -, BAST 29.Sf - A It Kle. VICWITY SKETCH 1. 1- a W. -Wear *'^ 1; CAL ,roam Jerrr IA wX.'owcx5eof 007 steeyg a0wor ofawoj,4dp CAP,- "A 5 6CIOW -'"�&017 4COWeP- ZOW WOO'd',r. 0WOZJW.C.'IW P007re 0/' ii6ee /0 IrWC-1 VgarAol are evickl4shea( A;.2 IfAt's -sec/.Cw *rAlcwlwv-1 4�0r 4Fe -)Z-� < fl -1�1-,4; pi L a A. llooA.12 �" �.Z= A A M 'q's? c e.1.5 109 VeIVU6 M�l F-� 0 L 6 ZS.S7' L 2dtse M 'q's? c e.1.5 109 VeIVU6 M�l F-� 0 .ALIFORNIA COASTAL COMMISSION 631 Howard Street, Son Francisco 941 OS (415) 543-855S August 11, 1982 FILED: 6-1-82 49th DAY: 7-20-82(waived) 180th DAY: 11-25-82, STAFF: LF- C STAFF REPORT: 8/11/82 HEARING DATE: 8/24 -27/82 REGULAR CALENDAR STAFF REPORT AND RECOMMENDATION APPLICATION NOs.. 5-82-311 (Flanders) 3502 Marcus Avenue Newport Beach, CA 5-82-312 (Rhinesmith) Agent: Sam Kniss 3504 Marcus Avenue Trautwein Bros. Newport Beach, CA Waterfron ' t Cons. 2410 Newport Blvd. 5-82-315 (Bell) Newport Beach, CA 92660 3500 Marcus Avenue Newport Beach, CA DES =IPTION: Repla ' cement of three adjacent existing wooden bulkheads with precast concrete bulkheads along a new alignment extending 3 feet bayward in Lower Newport Beach Bav with backfill of 17 cubic yards on each lot. SITES: Three adjacent lots immediately northwest of 35th street end, on Marcus Avenue near R..ivo Alto, Newport Beach, Orange County. APNs: 045-242-06 045-242-05 045-242-07 Substantive File Documents: Permit No.5-82-25 (City of Newport Beach) City of Newport Beach Land Use Plan Appeal No. 374-78 (Bailey) Wetlands Guidelines Appeal 165-79 (Blue Lagoon Community Association) Appeal No. 244-80 (22nd District Ag.) Permit No. 5-82-12 (Callahan and Hill) Appeal No.156-79 (Carmel Valley Road) �Lummary Staff is recommending approval of the project with a condition to require replacement. of the bulkhead along the same alignment to bring the project into conformance with the Diking Dredging and Filling policies of the Coastal Act. STAFF PFCOMNENDA71-ON'. Th�_- Staff recomerlj.,; tlle CoTmission adopt LhC F-0110wing resollItIo" An�rnvol v!it-I T*,ie C�,--,,,iiiission he.reby 7,-ra�jrs j p�.-r,-..ji:- fc-,r tlie. proposed development, SUL)je to ch�� bolow, on as cc)nclitiuned, the de-%,elopiTicnt -WI -stal Act of )a r, �vith Lhe provis-'�,P-s of Chjptcr 3 of the California Co 197( -he abi of tile local government having ;Urisdictioli TTill -.-Ict prejudice C. over L11c ar'!a to pre?jrc a Local Cuastal Program conforrning Lo the provisions (-)-"7 Environmental the eavironm-,,nt within the ineanicig �I': h e C a 11f -IrIpaccs on QuaLity Act. Stan,-',ird Conditions ,'�,tice of Receipt and The pe=it is not valid. and -nril a copy of the ?ernnit, Signed cons trzltc,� -ing reccipt of the by tile pe-r-iitcee or aut:,�,C:rj.Za(!� I ac, ent , acknowlod, permit a,ILI acceptance of terms and covditions, is returned to tile Co=—ission. Office. 2. r a co7l-'tr-�,I.ction has not c(�—,E.,T'Lcee, tl"I'a Pe='t oil th�, Cu=ISGion V�DtL From dare cra bz p ci n QlL�aj n a d4l igc7 CUr d e t,,:!,z er 71 c, t�l- 2x1.)-rat:i.on a7,tCr.r-",,-n 0- ,� 3 � C 4 3. C I H P. L P t, r,, T n s T cc to rlic ar— ion J' j r -D L S C e n -1::rom rl c n d i z 1'. o o r th Must r- an -I a?proved b y t-.'� t a n d m ay require Ccnxission appro-,.,al. -4CI-jS Of i:`lter'-'L: or inter-, r-etat2-071I of any 4. 1 n t e rj r e '-,n t �L o n nV a U,7� S c o b e r e q o 11.7 e d b y t "i C,, HE x e cu t v e e c r .3 r L cc=mis Sion 5. T n s p e :-- u 171 -ie Co=iission staff sball be allowed t:,D inspect th�3 -iour site and rh�? de-,,e'-,oT)me:,t durling C.ollstructlun, su j L advance nocice. 6. -ay be assigned to arly qua1i'Liz!d Pef sOO n ee 4 1 acuept:-Lng it'Ll the Con-nIss loll an all cerms and condi�lio-as cf the oermit. 7. :Ind Conditions 'R, a,'Id Condit; CTj,�, -in K -7i -,.h t -',"c-. Land. Tln,:6.-r� tcIr-MS tl-ie Coj-,.,.�mission and th%�� anzencion ot -f-3 of the Subj�--Ct ci bind all o\-m-:--.rs and r.hc te=,s cznd ADDRESS OF PROPOSED FACILITY PERMIT # WI JAM P. BELL Marcus Ave. MAILING ADDRESS TELEPHO.-- NO, F E CHECK N DATE 3500 Marcus Ave. 675-2098 1190. 0� 1940 12/26/82 APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARE30R PERMIT TO El Seawall OCHD CONSTRUCT/REV15E A El AT THE AE30VE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND T14F ATTACHED DRAWING 1:1 By TRAUTWEIN BROTHERS COMPANY COUNCIL DATED 21/4/82 F] PUBLIC WORKS DEPT. ESCROW DATE 2/26/89 SIGNATURE Am..1 INSPECTION F] SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1010 NAME ADDRES5 e._ V.. "'.v ­ -.0 a Ave., MAILING ADDRESS:-�;�' TELEPH FEE CHECK NO. DATE -3-50, u's Alvev 1-904, J 194 APPROVED BY, DATE APPLICATION IS HEREBY MADE FOR A HARE36R PERMIT TO _,OCHD F1 CONSTRUCT/REVISIt.A AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING TRAUTWE M ono"W" ,-COUNCIL El COMPANY �PUBLIC Fl DATED WORKS :DEPT. El DATE Lv SIGNATURE ANSPECTION n El SPEC14L CONDITIONS: CITY OF NEWPORT BEACH. CALIF. WX FOR 4 68-iolo -3 - III. Special.Conditions These three permits are each subject to the following conditions: Revised Plans.Prior to the issuance of a permit, the applicant(s) shall ,submit, for the review and approval of the Executive Director, revised plans for the bulkhead replacement which show no permanent structures bayward of the exisiting bulkhead alignment. IV. Findings and Declarations The Commission finds and declares as follows: 1.,Project Description ' . The existing wooden bulkhead fronting three adjacent private residences is deteriorated. Photographs indicate that in a few places holes have rotted in the bulkhead. The applicants propose to replace the existing wooden bulkhead with a precast concrete bulkhead along an alignment three feet bayward of the existing bulkhead with approximately 17 cubic yards of backfill behind the new bulkhead on each lot. Because the projects are adjacent to each other and are for the same proposed development, they are being evaluated together. 2. Repair and Maintenance of Shoreline structures. Section 30610 of the Coastal Act specifies those activities which do not require a coastal permit. Section 30610(d) of the Coastal Act states: (d) Repair or maintenace activities that do not result in an addition to, or enlargement or expansion of the object of such repair or maintenance activities; provided, however, that if the commission determines that certain extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a per -mit be obtained under this chapter. Section 13252 of the California Administrative Code further states: 13252. Repair and maintenance of Seawells. (a) For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact: Any method of repair or maintenace of a seawall revetment, bluff retaining wall, breakwater, groin or similar shoreline work that involves: (1) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; (2) The placement, whether temporary or permanent, of rip -rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work; -4- (3) The replacement of 20% or more of the materials of an existing structure with materials of a different kind,; or (4) The presence, whether temporary or permanent of mechanized construction equipment or construction material on any sand area or bluff or within 20 feet of coastal waters or streams. The Commission, in previous actions, has accorded special attention to and maintenance of shoreline structures -the repair (Appeals No. 374-78, Bailey;.Appeal N 165-79, Blue Lagoon�, in that such repair involves such a risk of substantialo' adverse environmental impact and therefore requires a permit. 3. Dikinq, Dredging and Filling and Shoreline Structures. A. Permitted Use. Section 30233(a) of the Coastal Act states that the diking, dredging or filling of coastal waters -wetlands, estuaries and lakes shall be I permitted only where there is no feasible less environmentally damaging alternative and further requires that such activitiea he permitted only in certain areas for csrtAin txln-:�s of Those types of development enumerated under Section 30233(a) include: (1) New or expanded port, energy, and coastal dependent industrical facilities, including commercial fishing facilities. (2) Maintaining existing or restoring previously dredged depths in I existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3 In wetland areas only, entrance channels for n ew or expanded boating facilities. (4) in open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilties. (5) Incidental public service Purposes, including but not limited to, burying cables and pipes and inspection of piers and maintenance of existing intake and outfall lines. (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource dependent activities..." In order to be consistent with Section 30233 of the Coastal Act the project must be a Permitted use listed in Section 30233(a)(1-8) or (c) must be the least environmentally damaging feasible alternative, must provide feasible mitigation measures and must maintain or enhance the functional capacity of the wetland or estuary. - z a -5 - Further, Section 30235 provides that, Revetments, breakwaters, groins, harbor channels, seawalls, cli I ff retaining walls, and other such construction that alters k natural shoreline processes shall be permitted when required to serve coastal -dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation ld be contributing to pollution problems and fish kills shou phased out or upgraded where feasible. The applicant(s) have proposed to replace the bulkheads 3 feet beyond its existing alignment because of deterioration and because they contend that replacement along the same alignment is infeasible. Approximately 17 cubic yards of material will be required to backfill in behind the new bulkhead on each lot. This will �result in the permanent filling and loss of approximately .006 acre or 256 sQuare feet of subtidal and intertidal habitat in the lower Newport Bay. (Exhibits 2-5,7) . In add -it -ion, the seawall panels are jetted into place which will temporarily disrupt bottom habitat and increase turbidity. The commission finds that the proposed project is sub-;-ct J_ to section 30233 of the Act as -it places solid material into the intertidal area. The Lower Newport Bay is considered valuable estuarine habitat. In previous r-Ommis- sion actions on the adjacent 35th Street end (5-82-25 City of Newuort Beach) the U.S. Fish and Wildlife Sez-iice and California Department of Fish and Game.noted the significance of the habitat of the lower Bay. The USFWS noted as follOws: "The estuarine habitat of lower Newport Bay is - considered to be of relatively high value as a nursery and foraging area for a variety of marine fishes and a foraging and loafing area for water-associated.birds. Also, the tidal prism, the volume of water contained between the upper and lower ranges of the tides, is the primary engine for water circulation and, thereby, water quality." The Department of Fish and Game in comment to the Army Corps on these bulkhead Pro- -iects noted that although this 3 foot extension does not represent a significant habitat J the cumulative effects loss, (.006 acre) the Department of Fish and ' Game is concerned with of such bulkhead extensions throughout the lower bay and the resultant loss of habitat and tidal prism. The Department recommends that the bulkhead be replaced in the same align- ment or immediately adjacent to it. (Exhibit 5 ) . 35th street end ( 5-82-25, The Commission in its action on the bulkhead extension for the -ial cumulative -impacts of bulkhead extensions city of Newport Beach) found that the poten­ were of major concern: "While recognizing the unique circumstances posed by this particular project, the commission remains concerned with the possible cumulative impacts of replacement of deterioring bulkheads using the method proposed by the City. Section 30105.5 defines cumulative impacts as follows: "cumulatively" or "cumulative effect" means the incre- mental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects rent projects, and the effects of probable of other cur future projects." -6 - In comments on the Chart House Restaurant permit 5-82-12 Callahan and Hill), the City of Newport Beach noted that potential extensions to the U.S. Bulkhead line could occur on possibly 100 properties in the lower bay. To allow continued ex- tensions and fills of only 3 feet similar to, this project on 100 properties would J represent approximately 8,574 square feet of fill (a. -Proximate .2 acres) The City also indicated in comments on 5-82-25 (City of Neaport Beach) that the majority of 25.4 miles of the harbor shoreline is tidal prism. The City's Marine Department estimated that roughly 70% is bulkheaded. At the extreme case, a 3 foot encroachment along this entire area would represent a cumulative fill of roughly 6.46 acres. Sections 30230 and 30231 of the Coastal Act provide that a marine resources and biological productivity be maintained, enhanced and where feasible restored. While the method of constructing the bulkhead by jetting the panels into place will in- crease turbidity and result in the loss of some bottom dwelling species, such impacts are likely to be temporary and will not result in severe impacts to biolog- ical productivity. Ho�,.rever, the Commission is concerned over the permanment loss by filling of this .006 acres of habitat. Such loss would result not only in the loss of organisms on site but the loss of area as future habitat. Cumulatively, continued 4ncremental fill in the bay could reduce bottom habitat thereby alteri . ng the food chain and overall productivity. Further, cumulati,�,re less of tidal prism could affect water quality and circulation and impact overall biological productivity. As it has found in its prior actions in Newport Bay, any approval -of such bulkhead extensions and filling of this marine habitat may only be permitted for uses con- sistent with Section 30233(a) of the Coastal Act. in its approval of the 35th Street extension ( 5-82-25) the Commission permitted the bulkhead extension and backfilling as an incidential public service purpose, finding that such encroach- ment was necessary to protect a public street and accessway. The Commission also noted that its action, ..."in no way implies approval for other bulkhead recon- struction activities bayward of existing alignments." And, in 5-82-12 (Callahan and Hill) the Commission in approving the filling of a marine railway to an exist- ing bulkhead alignment for expansion of a boat repair yard and construction of a restaurant, indicated that it would significantly improve water quality and biolog- 4cal productivity and that the visitor serving use provided by the restaurant would insure the economic viability and continued use of the expanded and improved boat yard facility, a clearly coastal dependent use as described in Section 30233 (a) . Inother actions the Commission has consistently denied projects which would result in the filling of wetland areas for uses not permitted by Section 30233(a) of the Act (e.g. Chula Vista LCP and A-156-79 Carmel Valley Road). The project as proposed would reconstruct a bulkhead and fill estuarine intertidal area for residential use resulting in the extension of the residential lot area. The Commission finds that such encroachment of a bulkhead for residential use is not an allowable activity mder Section 30233(a) nor can the Commission find the project consistent with Sections 30230 or 30231 of the Coastal Act which requires maintenance of the biological productivity and protection of marine resources. However, the Commission finds that the project as conditioned to require replace - V ment of the bulkhead in the same alignment is an allowable activity under Section 30233(a) and 30235 since it will not result in any fill of estuarine intertidal habitat. -7 - The Commission staff considered the possible role the bulkheads may play in main- taining the existing dredged depths of.Riva Alto.canal and associatevd,private �boating piers, docks and berthing areas -For navigation, as indicated in Section 30233(a)(2). The applicants' engineer has indicated that the construction and replacement of the bulkhead along the same alignment tk7ill cause erosion of the residential lot areas into the channel. Based on information submitted by the applicants,.engineer, it can be estimated by jetting to a depth of 14 feet below existing ground level, at a 1:1 degree of erosion, a maximum of approximately 1396.5 cubic feet of material would slough.off on each lot, a total of 4189.5 cubic feet. According.to the C-ity'Is Marine Department, the existing dredge depth of Rivo Alto canal at the pierhead line is about -2 feet, and in the middle of the channel about -7 feet, with the bank sloping at about 3:1 ' Small craft would usually re- quire minimum. depths of about. -4 feet in this canal. The Commission therefore concludes that the amount of material which would probably erode from the three subject -sites, a maximum total of only about -155 cubic yards, would disperse through water circulation and is not likely to have significant effect on the design depth of the Channel. Therefore, the Commission finds that there is no substantial evidence to indicate that the bulkhead extension is necessary to continued maintenance of the channel and any potential erosion which may occur as a result of replacement'along the same alignment does not represent a significant threat to navigation. B - Alternatives. Section 30233 requires however, that such uses be per- mitted only where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided -10 minimize adverse en- Vironmental effects. IfFeasible" as defined b%7 Section 30108 means.capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors. The applicant(s) contend that the bulkhead is deteriorated and 4 n need of replacement. While Section 30235 allows shoreline structures necessary to Drotect existing structures from erosion, even if a fill project is allowable under the provisions of the Coastal Act such fill must be the least environmentally damaging feasible alternative. The Commission has previously denied such shoreline structures which would result in the filling of wetland area on the basis that the project failed to demonstrate that "there is no feasible less environmetally damaging alternative", regardless of whether th . e use is permitted under Section 30233(a), (e.g. A-244-80, 22nd District Ag.) in order to be found consistent with the Coastal Act the applicant would have to demon- strate that "there is no feasible less environmertally damaging alternative" and that "feasible mitigation measures have been Providbd to minimize adverse environmental effects" (PIRC 30233(a)). The applicants presented information which states that the reason for the placement of the new wall in front of the old wall is that, "when installing the seawa 1 'V 1 panels by jetting any other walls, pilings, ett. within one to two feet will either "kickout" or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a tremendous amount of the o,�mjner's yard would end up in the bay due to tidal action which we would be exposed to for roughly a week". After further requests from staff the applicants submitted additional information on other feasible alternatives (Exhibit 6, 7). The information discusses the method of installation. The applicants representative and engineer contends that the installation is required baTelard to pro- vide construction access. Yet, as described, the actual construction and equipment will be operated from the adjacent lot, that is, equipment will be operated from the 35th street end after its new wall is installed to repair the wall at 3500 Marcus, then moved onto 3500 to repair the wall at 3502 and so on. - - N Based on this information, it appears that equipment will only be on the property adjacent to each site where the wall is actually being replaced. This implies that each site is stabilized prior -to moving equipment on to replace the next bulkhead.t Further, as described it therefore appears that the bulkhead may be replaced in sections'. This may in fact minimize the area exposed to any erosion and no substantial information was submitted as to why replacement could not occur in smaller increments to further mitigate any potential erosion or failure. Although the replacement -will expose the si r, te to tidal action for about one week, there is no evidence to indicate that this short term exposure will be so severe as to threaten the existing primary residential structures. As -indicated above, only about 155 cubic yards of material would likely be eroded. The applicants indicate that replacing the bulkhead in the same location would re- quire removing the existing bulkhead and the subsequent erosion would undermine fences, houses, �-.ralks, planters, patios, etc. and would involve loss of property and risks. The applicants information further explains that jetting to install the bulkhead immediately behind the existing wall would involve thesame problems and would under- mine the houses and blow out the old wood wall. And, as the applicants -indicate, "...when we are jetting in seawalls, we know that anything withi _n 7'xl2' from where we are jetting, �-.rill be influenced in some way. We try to use high tides only, so that the water will help us a -rid will alternate from end to end to try and keep from overjetting one area." The infor-nation also indicated that the costs'involved would be substantially increased to replace the bulkhead along the existing alignment. However, as indicated in photoqra;:�hs submitted, review of aerial photographs, and field checks it appears that t -he only structures i-unediately adjacent which may be influenced would be patios, planters, fences and backyards. Field checks by Commission staff indicate that all the homes are located greater than 7-12 feet from the existing Bulkhead: the residence at 3500 Marcus is approximately 15 feet from the existing bulkhead. The existing residence at 3502 Marcus is approximately 25 feet from the existing bulkhead and the residence at 3504 Marcus is approximately 40 feet from the existing bulkhead with an accessory building located about 6 feet from the bulkhead (See Exhibit 8 ). The er.qineering Jnformation submitted also did not include an detailed evaluation of onsite soil and site conditions. Potential instability is dependent to some degree on the type of so -41 and geologic site conditions and type of foundation of existing development. Therefore the Commission finds that the informa- tion submitted fails to conclusively demonstrate the existing homes would in fact be im- pacted by erosion, and the replacement and backfill of existing -backyards and patios is a feasible less environmentally damaging alternative than encroachment on intertidal and subtidal habitat areas. Alternatives of construction during low tide periods to minimize any potential for erosion was not discussed in the information submitted; and, as Proposed the information does not provide sufficient evidence to document that in fact normal tidal action would create a sign 4 ficant erosion problem. Therefore the Commission finds that the contention of undue risks is unsubstantiated by the present -information. The applicants also discussed shoring the area with sheet piling to replace the bulkhead along the existing alignment but concluded that the necessary construction methods would be noisy and cause vibraticns which tend to crack foundations and cause subsidence, although the area which would be affected was not specified. -9 - Access from the channel side of the sites for replacement was not fully evaluated, k, although mention was made of the need to remove docks and pilings to gain access. Alternatives which would armor or reinforce the existing bulkhead were not dis- cussed. The applicants have failed to determine conclusively that all other alternatives would incur in.pacts which would be significant and adverse and could not be effectively mitigated. Given the very specific test of Section 30233 and Section 30235, the Commission finds that the information submitted fails to adequately demonstrate that there is no feasible less environmentally damaging alternative. And, the applicants have failed to adequately incorporate feasible mitigation measures to minimize adverse e-nviron- mental effects. The Commission therefore finds that the projects as proposed are in- consistent with Sections 30233, 30230 and 30235 of the Coastal Act - However, as conditioned, the replacement of the bulkhead would be required along the existing alignment which would not allow filling of the estuarine habitat. While this alternative may require removal or replacement of only minor structures such as fences and patios, planters and g-ardens within 7-12 feet of the existing bulkhead on the residential lots, it would prevent any filling of valuable estuarine habitat and the Co -mission finds therefore that as conditioned, the project is consistent with Sections 30233, 30230, 30231 and 30240 of the Coastal Act. 4. Public -Access Sections 30210, 30211, and 30212 of the Coastal Act provide that maximum opportunities for public access to and along the shoreline be provided in any new development. Section 30214 provides in part that the public access policies shall. be implemented in a manner that takes into account the time, place and manner of public access because of site constraints, the need to protect the privacy of adjacent residents, to provide for maintenance and the collection of litter and the concern for the rights of the Private property owner. The City of Newport Beach.Land Use Plan as certified by the Commission also provides the policies requiring lateral and vertical access in new development. These policies provide that requirements for access do not pertain to established, existing residential subdivision where no sandv beach exists. The proposed project is located on three adjacent lots with existing residences in a built out subdivision adjacent to Rivo Alto. The Commission finds that no vertical access is required because adequate vertical access exists nearby, immediately adjacent to these parcels at the 35th street end. In its action on the Newport Beach LUP the Commission determined that continuous lateral access along the Bay in existing subdivisions should be assured where sandy beach can be reached and access can be provided consistent with the privacy of adjacent residents. In this particular case, there is a lack of sandy beach, the sites are full- bulk - headed and houses located in close proximity to the bulkhead, and the area adjacent to Rivo Alto is fully developed. Continuous lateral access is not appropriate at this particular site since generally it does not provide access to usable sandy beach and cannot be provided consistent with protection of privacy and Section 30214 of the Coastal Act. Therefore the Commission finds that a conditioned the projects are consistent with Sections 30210, 30211, 30212 and 30214. h", 0� VICTORIA Or W ST WSP J1 0. ST A *7 e -ILL BAY ST .e MAY 'vewpory—, x 8ar '00 Sr1 sy ji 1, - ,M� ST CE PL; �,"Oss, a O�a T 19T W f v r f TA ff- 7 j- gTj- 00—WIYE S-.-EUq PQ coy"T, 4. wi Q. 0 sr S7 Nf-'Ch ce T !L. Z4' "Ap 17 ST �.o S1 CL 'r, =0 -ze 11� s �,.t J d Ia. -1 'N 0, ,4-7- 1 -�T IZ, 0, -UL 70 Ike E�, 40 .7 Hwy� N- P K i5 7 IT- wy, maro, ell % BAY A B D SEE MAP EXHIBIT NO. APPLICATION NO. iz -.31 Lot California Coastal commis4fon ''CITY OF NEWPGW.T BEACH HARBOR APP%..sCATION NO. 4al 7, Ax �wx V AF At 0 0 Aur a C, L 0 16 3h VICIMITY CAN, - SKETCH OPI-4f oc- !J (F-- Ae�L)/ wr 7 6 -5- �9 A) Ai c P -/o A.) ZASY EXHIBIT NO. L APPLICT-T-10NNO. CDCCalifornia coastal Commi;r.;on 119 V 4f /V 4-,11 6— A45.4,–b A.)l .4,PAUC.4.oV,r-V A4UAff !7. -3s-6 -z- 4 414 4, :L-jZ2?4& V S r�—�r 4wocx -7;" . rT—e, siPO cUnS Ad 4—: LA.J )L7/ZdAzwo 7 6 -5- �9 A) Ai c P -/o A.) ZASY EXHIBIT NO. L APPLICT-T-10NNO. CDCCalifornia coastal Commi;r.;on 119 V 4f /V 4-,11 6— A45.4,–b A.)l .4,PAUC.4.oV,r-V A4UAff !7. -3s-6 -z- 4 414 4, :L-jZ2?4& V S r�—�r 4wocx -7;" . rT—e, siPO cUnS CITY OF NEWPC r SEACH HARBOR APP, ATION No. 30 _.�i/ 7,E 0 10 forRuws. 'dwe— a "J44 cl 48" L4 cl Li It 0 ab OCA cle- I VICIMITY SkETCH a v a -swr A ff r"r, r clur A Y, CAL ifrDaNfA lb J41rf-r r -s I. S' 'OU" 0"ll IVS 0e4ff rdrd-11 onar cl�oidr 0'4'0- "' 5 A-flt-017 cre (T) ILFL ex"Sr 6AWAk-l— ij 6 A) A e- �_/o Ai ZIST /9 v 4c- /V 4L/ EXHIBIT NO. -3 APPLICATION NO. Califormin -Coastal Commiz3lon A.^-L.ICA417�P A444AT q 4,Or 2— -CITY OF NEWPOnl aEACH HARBOR AM-. _ATION NO. 5174E 0 Ar PIS4 0, a '�o el cl C.> , � .�A 0 0 VICI&JITY Z3kETCH PRO y=/z- 'o 0014-1f, CA4 ilrartNIA rs 04LA,­ -A- �vic­ .or c2re cayok/4"SAC& i'n /A�s SeCA-007 oyl�'/Vcw 'xpa' / 6 r- .5 c -D C -A Jo's .5 a /OAU�i #005 e7l tL. onlo 6 �2 A) A e_ C zzsy ::: e—,1-5 EXHIBIT NO. APPLICATION NO. � 2 -3 1,5 C 345L4-,) Mum. Caiifornia Coastai Commis /9 v e /V �_/ IS a)/ e-z-1AA, e � � A"4060- 49440cl< 4or —7-A 4j rW CW A--) 3" State of, Cal'fornia Me mora nd u m To 111 Huey D. Johnson Secretary for Resources 1416 Ninth Street Sacramento, California 95814 Att-n: Jim Burns, Projects Coordinator, From : Department of Fish and Game t Data: June 15, 1982 !E3M U U JUL 0 6 19 8 2 CALWORINIA COASTAL COMMISSION Subject t Corps Public Notices 82-89, 82-90 and 82-943, Bulkhead Construction, Newport Bay, Orange County We have reviewed the subject Public Notices for the construction of tlir:ee new concrete bulkheads to replace existing deteriorated wood seawalls. The project sites are adjacent and the new bulkhead appears to be a single unit. Each pro- posal calls for building a new bulkhead three feet in front of an existing wood seawall. While the individual and collective impact of these three proposals is indeed small (.006 acres total), the precedent involved in permitting the requested offset and the conseqdent potential for adverse impact on intertidal habitat through much of lower Newport Bay can be significant. We would not object to the. issuance of -these permits provided the proposed concrete bulkheads are constructed at the exact same location as the existing wood seawalls or immediately adjacept to them. Should the above recommendation prove infeasible, we then request that the Public Notices he held in abeyance uatil appropriate on-site or off-site mitigation proposals are worked out and agreed to. Onee such avenue, w'hich the Department is currently pursuing, is a proposal between the City of Newport Beach and the Department which could provide a mechanism to mitigate the cumulative impacts of small bulkhead and fill projects such as these. 'If there are questions regarding these comments, please contact Mr. R. E. Mall, Environmental Services Supervisor, 350 Golden Shore, Long Beach, CA 9U802. The telelephone number is (213) 590-5174. MT 717M I'll RAAL F_ C. FULLUTU Director EXHIBIT NO. P PPLICATION NO. X KHI B "T PLIC A T10 C cal. 'fornia (coastal commisz�on ali I EXHIE31T NO. APPLICATION N6— XH PPLI1 3';�Z-312_ C41/ WJA471 rz 2410 Newport Boulevard 92AA. Ne port Beach, California 92663-3798 Co.1stal Corn,11133ion Telephone (714) 673-1960 WATERFRONT CONSTRUCTION Contractors License No. 3229961k iul,� 7, 1982 n L2 u= JJL 19 California Coastal Commission 19832 631 Howard St. CALIFORNIA 4th Floor COASTAL COMMISSION San Francisco, Ca. 94105 -al Analyst Attn: Elizabeth Fuchs, Coast Re: Applications 311, 312, & 3157 Applicant names: Flanders, Bell and Rhinesmith Dear Ms. Fuchs: The fol'owing is submitted in support of' the abo-e r-i­�-enced L I a op 1 J. ca t ions . ':)r"e-1: -1escrJrt-icn of the typical concrete sea�vall is as fc'llows: J_ 47 Pr-_:�-cast torque and groove concrete pare1s, four"'.) .---et wi E., 7oi.,,rt een. 1 14 Z' Eat and ei-ht (8 ) inches- th.-Lc1c we1;,,:*in,-, 'i'ted vertically and 5, 500 lbs. are I p r l c e . "'he jet runip is very large and is powerej by a om the pump to 'C"he _t pipe we use -f-Lre-hose �(.:o Je connect to the zipe and by lowering the pipe into the bay and running up the engine, we ' have a large volume of water urder high pressii-re creating a. hole and susitain-inq the Sand in sus- z� �� n. sL c, n . We then lover the Pane -1 into rilace and when we snut -_0 he pump, sand i=ediately falls out of suspension and locks down ve-t-cal face, t -he Panel in Depending on the exposur�? or seawall panels vary in length. The emtedment "ruie or: is 1/3 in the around and 2/3 out. After the panels are -in pilace, we install deacL-non iblocks approximately 201 back of the wall and -4 tie these blocks tc the wall with steel tie rods, either JLn a st-raight cattern or a criss-cross. A. coping appriximately 2' X 2" is cast continuous on top %Df the panels to hold the tie rods and to �iis- -tribute the loading. There are two ways to install the seawall either by land or from the 1 --ay. We shall consider by land first. 1. If by land, we need access for a crane to lift the panels so the.wall must be built bayward of the old wall to allow access. First we install the wall from the street end (after its new wall is installed) for the property numbered 3500 Marcus. TRAYTWEIN BROTHERS 2410 N port Boulevard Nemrport Beac'n,:" 'ifornia 9266-01 (714) 673-1960 Page vibrations tend to crack foundations and to cause subsidence through vibrating the surrounding ground and causing to settle. If you did not damage anything, the cost of this would add about $30,000.00 to the wall cost. our company would probably.stay away from this method since the liability is so great. I would much rather be installing the new wall further away from the existing wall, say 7' but I felt 3' was reasonable and showed that on the drawings. I hope the above clears up some of the questions, but if you have others, feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERFRONT��STRUCTION. Samuel F. Kniss SFI</tlb C.C. Norton Flanders William Bell Bill Rhinesmith Department of the Army Los Angeles District Corps of Engineers Regulatory Branch 0 () Box 9711 2410 Newport Boulevard Newport Beach, California .92660 Telephone (714) 673-1960 Can"vocjao U*mse sgi, iM973A April 23, 1982 EXHIBIT NO. /7 APPLICATION NO. 3k k cpkcx Vae V-, Rj�%k rAoev%kl n -i /I— — csf LL fe-1 e% California Coastal Commiszlon Los Angeles, Calif. 90053 4� Subject: Application on BehalL Of on Flander to Construct a New Concrete Bulkhead aat 3 Marcus Avenue, in Newport Bay. Application No. 82 -89 -RA Attn: Bob Atkins Dear Bob: The following itemized list is in reply to the letter ddted April 16, 1982 (copy enclosed) in which the Corps requested additional information. 6. Purpose, description of structures on fills or platforms, type, composition, quantity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. Precast tongue and groove concrete panels will be jetted in place approximately 31 bayward of the old deteriorated wood seawall. A concrete coping will be cast on the top'Of the panels to provide anchorage for the deadmen tie rods and to tie the panels together. The existing 41 wide pier that is attached to the existing wood wall, will be reattached to the new seawall. The new 31 strip of land that is created is in the ow-ner's back- yard and will only be his yard as patio. No structure will be built within ten(10) feet of the new wall, since the wall will not take the surcharge of any structure. 9 The reason for the placement of the new wall in front of the old wall is as follows: When in- stalling the seawall panels by jetting, any other walls, piling, etc.* within one to two feet will either "kick out"' or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a tremendous amount of the owner's yard would end Page 2 up in the bay due to the tidal action which we would be exposed to for roughly a week. The amount of fill required for the 31 strip the length of the property approximately 51 deep, would be 17 cubit yards. In theory, it is virtually impossible to.obtain the material by dredging both due to cost and the impossible location. The fill will be accomplishedby im- port from the street side and will be a clean sand that can be compacted by water flooding. 7. Mailing addresses, owners and lessees: 3500 Marcus Ave. -William Bell 714-675-2098 Applicant- 3502 Marcus Ave. -Norton Flanders 714-675-0285 3504 Marcus Ave. -Bill Rhinesmith 714-675-8873 12. When issued, provide copies of approvals or certi- fications listed on your application and below rider "OTHER" - A. Listed on my application 1. Water Quality Control Board; copy of approval letter enclosed. 2. State Lands Commission; copy of approval letter enclosed. 3. City of Newport Beach; Conceptual approval enclosed. 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. I don't think that the question is applicable, since we are only replacing an existing seawall. 15. Print name and title of signer, signed statement as described in item designating your agent. SAM F. KNISS, PARTNER; Trautwein Brothers is the. designated agent for the above referenced owner, copy -of Agent Authorization form enclosed. I understand there is a $10.00 fee that is due when the permit is issued. Please let me know when required and I will for- ward to you. Page 3 The following are answers to the items listed under "OTHER": 1. The number of cubic yards of backfill for the new concrete bulkhead. 17 cubic yards The following permits or approvals are required prior to issuing permit: 1. Water Quality Control Board approval for the bulkhead; copy of letter enclosed. 2. State Lands Commission; copy of letter enclosed. City of Newport Beach; copy of Conceptual Approval enclosed. 4. Coastal Commission; pending; copy of application enclosed. I -F you have any questions regarding the above, please feel free to contact me. Sincerely, TR.AUTWEIN BROTHERS WATERF�T CONSTRUCTION Samuel F. is SFK/tlb C.C. Norton Flanders Vi 8 M 0-1 lit cz r 2410 Newport Boulevard '74a4d- BuAeu Newport Beach, California* 92660 WATERFRONT CONSTRUCTION Telephone (7-14) 673-1960 Contmdws Uamse No. 25WSA May 26, 1982 California Coastal Commission South Coast District 666 E. Ocean Blvd. Suite 3107 P. 0. Box 1450 Long Beach, Ca. 90801 Re: Application Nols. 311, 312 & 315 Attn: Carol Pillsbury, Staff Analyst Dear Carol: I would appreciate being placed on the first available Southern California hearing for the above referenced applications and wish to have them kept together as a unit. In regard to the time involved before the next Southern hearing, I waive.the 1149 day time period." If there is any additional information required, feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CO UCTION SaAel F. Kniss SFK/tlb 414aa4w.ia B*a&wu WATERFRONT CONSTRUCTION Department of the Army Los Angeles District Corps of Engineers Regulatory Branch P. 0. Box 2711 Los Angeles, Calif. 90053 2410 Newport Boulevard . .Newport Beach, California 92660 Telephone (714) 673-1960 Contractors Ucense No. 25WSA April 23, 1982 Subject: Application on Behalf of liam P. Bell to Construct a Bulkhead at 3500 Marcuslt����t Bay. Application No. 82 -94 -RA Attn: Bob Atkins Dear Bob: The following itemized list is in reply to the letter dated April 16, 1982 (copy enclosed) in which the Corps requested additional information. 6. Purpose, description of structures on fills or platforms, type, composition, quantity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. Precast tongue and groove concrete panels will be jetted in place approximately 31 bayward of the old deteriorated wood seawall. A concrete coping will be cast on the top of the panels to provide anchorage for the deadmen tie rods and to tie the panels together. The existing 41 wide pier that is attached to the existing wood wall, will be reattached to the new seawall. The new 31 strip of land that is created is in the ownerts back- yard and will only be his yard as patio. No structure will be built within ten(10) feet of the new wall, since the wall will not take the surcharge of any structure. The reason for the placement of the new wall in front of the old wall is as follows: When in- stalling the seawall panels by jetting, any other walls, piling, etc., within one to two feet will either "kick out" or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a tremendous amount of the owner's yard would end 7RAUTWEIN BROTEIM 24 10 Ne- -ort Boulevard a Newport Beach, Cc."Qmia 92660 (714) 673-1960 Page 2 up in the bay due to the tidal action which we would be exposed to for roughly a week. The.amount of fill required for the 31 strip the length of the property approximately 51 deep, would be 17 cubic yards. In theory, it is virtually impossible to obtain the material by dredging both due to cost and the impossible location. The fill will be accomplished by im- port from the street side and will be a clean sand that can be compacted by water flooding. 7. Mailing addresses, owners and lessees: 3412 Marcus Ave. -Phillip A. Butterfield 714-640-5546 3500 Marcus Ave. -William Bell --applicant 714-675-2098 3502 Marcus Ave. -Norton Flanders 714-675-0285 12. When issued, provide copies of approvals or certi- fications listed on your application and below under "OTHER". A. Listed on my application 1. Water Quality Control Board; copy of approval letter enclosed. 2. State Lands Commission; copy of approval letter enclosed. 3. City of Newport Beach; Conceptual approval enclosed. 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. I don't think that the question is applicable, since we are only replacing an existing seawall. 15. Print name and title of signer, signed statement as described in item designating your agent. SAM F. KNISS, PARTNER; Trautwein Brothers is the designated agent for the above referenced owner, copy of Agent Authorization form enclosed. I understand there is a $10.00 fee that is due when the permit is issued. Please let me know when required and I will f or - ward to you. TRAUTWEIN BROTHERS 2410 Nev---ort Boulevard 9 Newport Beach, CC-14ornia 92660 0 (714) 673-1960 Page 3 The following are answers to the items listed under "OTHER": 1. The number of cubic yards of backfill for the new concrete bulkhead. 17 cubic yards The following permits or approvals are required prior to issuing permit: 1. Water Quality Control Board approval.for the bulkhead; copy of letter enclosed. 2. State Lands Commission; copy of letter enclosed. 3. City of Newport Beach; copy of Conceptual Approval enclosed. 4. Coastal Commission; pending; copy of application enclosed. If you have any questions regarding the above, please feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERFRO CONSTRUCTIO-N Samuel F. Kniss SFK/tlb C.C. William P. Bell 2410 Newport Boulevard Newport Beach, California 92660 WATERFRONT CONSTRUCTION Telephone (714) 673-1960 C—ftacters License Mm 25WSA April 23, 1982 Department of the Army Los Angeles District Corps of Engineers Regulatory Branch P. 0. Box 2711 Los Angeles, Calif. '90053 Subject: Application on Behalf of Construct a New Concrete Bulkhead at venue, in Newport Bay. Application No. 82 -90 -RA Attn: Bob Atkins Dear Bob: The following itemized list is in reply to the letter dated April 16, 1982 (copy enclosed) in which the Corps requested additional information. 6. Purpose, description of structures on fills or platforms, type, composition, quantity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. Precast tongue and groove concrete panels will be jetted in place approximately 32 bayward of the old deteriorated -wood seawall. A concrete coping will be cast on the top of the panels to provide anchorage for the deadmen tie rods and to tie the panels together. The existing 48 wide pier that is attached to the existing wood wall, will be reattached to the new seawall. The new 31 strip of land that is created is in the owner's back- yard and will only be his yard as patio. No structure will be built within ten(10) feet of the new wall* since the wall will not take the surcharge of any structure. The reason for the placement of the new wall in front of the old wall is as follows: When in- stalling the seawall panels by jetting, any other walls, piling, etc.* within one to two feet will either "kick out" or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a.tremendous amount of the owner's yard would end TRAUMM BROTH= 2410 Newj' Boulevard Newport Beach, Cal- `nia 92660 (714) 673-1960 Page 2 up in the bay due to the tida-t action which we would be exposed to for roughly a week. The amount of fill required for the 31 strip the length of the property approximately 51 deep, would be 17 cubit yards. In theory, it is virtually impossible to obtain the material by dredging both due to cost and the impossible, location. The fill will be accomplished by im- port from the street side and will be a clean sand that can be compacted by water flooding. 7. Mailing addresses, owners and lessees: 3502 Marcus Ave. -Norton Flanders, 714-675-0285 Applicant -3504 Marcus Ave., -Bill Rhinesmith, 714-675-8873 3506 Marcus Ave. -Courtney J. Smithi 714-675-4986 12. When issued, provide copies of approvals or certi- fications listed on your application and below under "OTHER". A. Listed on my application 1. Water Quality Control Board; copy of approval letter enclosed. 2. State Lands Commission; copy of approval letter enclosed. 3. City of Newport Beach; Conceptual approval enclosed. 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. I don't think that the question is applicable, since we are only replacing an existing seawall. 15. Print name and title of signer, signed statement as described in item designating your agent. SAM F. KNISSp PARTNER; Trautwein Brothers is the designated agent for the above referenced owner, copy of Agent Authorization form enclosed. I understand there is a $10.00 fee that is due when the permit is issued. Please let me knowwhen required and I will for- ward to you. TRAUTIWEIN BROTH= 2410 New rt Boulevard o Newport Beach, Cr—ornia 92660 0 (714) 673-1960 Page 3 The following are answers to the items listed under "OTHER": 1. The number of cubic yards of backfill for the new concrete bulkhead. 17 cubic yards The following permits or approvals are required prior to issuing permit: 1. Water Quality Control Board approval for the bulkhead; copy of letter enclosed. 2. State Lands Commission; copy of letter enclosed. 3. City of Newport Beach; copy of Conceptual Approval enclosed. 4. Coastal Commission; pending; copy of application enclosed. If you have any questions regarding the above, please feel free to contact me. Sincerely, TRAUTWEIYBfk9THERS WATERF_ �ONSTRUCTION Samuel F. Kniss SFK/tlb C.C. Bill Rhinesmith 474aa4woi w*- Buj" - WATERFRONT CONSTRUCTION 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contmdws Uamse N& 2SM54 April 23, 1982 Department of the Army Los Angeles District Corps of Engineers -Regulatory Branch P. 0. Box 2711 Los Angeles, Calif. 90053 Subject: Application on Behalf of on Flander to Construct a New Concrete Bulkhead at aLt 3 arcus Avenue, in Newport Bay. Application No. 82 -89 -RA Attn: Bob Atkins Dear Bob: The following itemized list is in reply to the letter dated April 16, 1982 (copy enclosed) in which the Corps requested additional information. 6. Purpose, description of structures on fills or platforms, type, composition, quantity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. Precast tongue and groove concrete panels will be jetted in place approximately V bayward of the old deteriorated wood seawall. A concrete coping will be cast on the top of the panels to provide anchorage for the deadmen tie rods and to tie the panels together. The existing 40 wide pier that is attached to the existing wood wall, will Ne reattached to the new seawall. The new 31 strip of land that is created is in the owner's back- yard and will only be his yard as patio. No structure will be built within ten(10) feet of the new wall, since the wall will not take the surcharge of any structure. The reason for the placement of the new wall in front of the old wall is as follows: When in- stalling the seawall panels by jetting, any other walls, piling, etc., within one to two feet will either "kick out" or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a tremendous amount of the owner's yard would end -MAUTVAM DROMRS 2410 Newi I Boulevard Newport Beach, (7x,' 1mia 92660 a (714) 673-1960 Page 2 up in the bay due to the tidal action which we would be exposed to for roughly a week. The amount of fill required for the 31 strip the length of the property approximately 51 deep, would be 17 cubic yards. In theory, it is virtually impossible to obtain the material by dredging both due to cost and the impossible location. The fill will be accomplished by im- port from the street side and will be a clean sand that can be compacted by water flooding. 7. Mailing addresses, owners and lessees: 3500 Marcus Ave. -William Bell 714-675-2098 Applicant- 3502 Marcus Ave. -Norton Flanders 714-675-0285 3504 Marcus Ave. -Bill Rhinesmith 714-675-8873 12. When issued, provide copies of approvals or certi- fications listed on your application and below under "OTHER". A. Listed on my application 1. Water Quality Control Board; copy of approval letter enclosed. 2. State Lands Commission; copy of approval letter enclosed. 3. City of Newport Beach; Conceptual approval enclosed. 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. I don't think that the question is applicable, since we are only replacing an existing seawall. 15. Print name and title of signer, signed statement as described in item designating your agent. SAM F. KNISS, PARTNER; Trautwein Brothers is the designated agent for the above referenced owner, copy of Agent Authorization form enclosed. I understand there is a $10.00 fee that is due when the permit is issued. Please let me know when required and I will for- ward to you. 7RAUTWM BROTFEEMS 2410 Ne- -)rt Boulevard 0 Newport Beach, C --"fomia 92660 (714) 673-1960 Page 3 The following are answers to'the items listed under "OTHER": 1. The number of cubic yards of backfill for the new concrete bulkhead. 17 cubic yards The following permits or approvals are required prior to issuing permit: 1. Water Quality Control Board approval for the bulkhead; copy of letter enclosed. 2. State Lands Commission; copy of letter enclosed. 3. City of Newport Beach.; copy of Conceptual Approval enclosed. 4. Coastal Commission; pending; copy of application enclosed. If you have any questions regarding the above, please feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERF T CONSTRUCTION S S mu iss amuel F?.K�iss SFK/tlb C.C. Norton Flanders rUMIC I Lij US Army Corps of Engineers of� Application Los Ange'les District P.O. Box 2711 for Permult Los Angeles, CA 90053 Public Notice/Application N6.82 -94 -RA SPLCO-R Date 14 MAY 1982 Comment Deadlinel 4 JUN 1982 Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described below and shown on the attached drawing(s). Applicant(s) Mr. William P. Bell 3500 Marcus Avenue Newport Beach, CA 92663 Location. Rivo Alto Channel, New -port Bay, Pacific Ocean, at 3500 Marcus Avenue, Lot 1, Block 335, Tract Canal Section,'city of Newport Beach, Orange County, California Activity, Purpose - To construct a new concrete bulkhead approximately three feet in front of an existing wood seawall. (cont. on page 2) Comment and Review Period - Interested parties are U.S. Army Engineer District Invited to provide their views on the proposed work, ATTN: SPLCO - R - 82 -94 -RA___ which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.) sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination - A preliminary determination has been made that an environmental impact statement is not required for the proposed work. Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizations Required - City of Newport Beach Water Quality: X Certification that the.proposed work will not violate applicable State water quality standards has been requested from location State None Required Coastal Zone Management: X The State of California is reviewing this work for consistency with its approved Coastal Zone Management Program. E,' None Required Cultural Resources - The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species - Preliminary determinations indicate that the proposed activity will not affect endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is not required. Authority - This permit will be issued or denied under the following authorities: Structures or work in or affecting navigable waters of the United States - Section 10, River and Harbor Act of 1899 (33 U.S.C. 403). KI Discharge of dredged or fill material for purpose of dumping into Waters of the United States - Section 404, Clean Water Act (33 U.S.C. 1344). EJ Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation - The deci,,:ion whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national -concern for both protection and utilization of important resources. The benefit which reasonably CN may be expected to accrue from the proposal must be balanced against its reasonably foreseeable co -0 detriments. All factors which may be relevant to the proposal will be considered including the cumulative 0) LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, rs� wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, co LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, _j u_ safety, food production and, in general, the needs and welfare of the people. In addition, If the proposal _j would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFP 230) as required by Section 404 (b) (1) of the Clean Water Act. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 IN REPLY REFER TO SPLCO-R 19 April 1982 Mr. Sam Kniss Trautwein Brothers 2410 Newport Blvd. Newport Beach, CA 92660 SUBJECT: Application on Behalf of William P. Bell to Construct a Bulkhead at 3500 Marcus Avenue in Newport Bay Dear Mr. Kniss: Reference Is made to your Application No. 82 -94 -RA We are reviewing your application, and estimate the processing time will be a minimum of 60 days Any work done before issuance of a permit is prohibited by law and may subject the parties involved to possible civil and criminal legal action. To process your application, the information designated on the attached check list is required. The requested information must be submitted within 45 days from the date of this letter. Prior to issuance of a permit, approvals designated on the attached check list are required. If you have any questions or wish to bring to our attention special circumstances justifying expedited processing, please callBob Atkins in our Regulatory Branch at (213) 688-5606, before 3:00 p.m. Sincerely, Incl W. H. MAHONEY Assistant Chief, Construction - Operations Division CHECK LIST FOR APPLICATION NO. 82 -94 -RA (Circled items are incomplete. Numbers refer to numbered items on your Application form.) 6. Purpose, description of structures on fills or platforms, type, composition, quanity of material, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. 7. Mailing addresses, owners and lessees. '12, When issued, provide copies of approvals or certifications listed on your application and below under "OTHER". 14. Types of vessels, sewage pump out and refueling facilities, hazardous materials contingency plan, copy of environmental assessment or report if prepared. 15. Print name and title of signer, signed statement as described in item designating your agent. A fee of $10.00 will be charged if and when the permit is issued. Please make the check payable to the Finance and Accounting Officer USAED LA. Please place your application number on the check. DO NOT SEND CHECK UNTIL REQUESTED BY OUR OFFICE. DRAWINGS - SEE ATTACHED CHECKLIST OTHER: Copy of your Coastal Commission permit. The following is required to process your application: 1. The number of cubic yards of backfill for the new bulMe-a-a. LA FL 507A 'go March 11, 1982 _TF Filet SD 82-03-03 Samuel F.- Kniss Trautwein Brothers Waterfront Construction 2410 Newport Boulevard Newport Beach, California 92660 Dear Mr. Kniss: Subject: Proposed Construction of a New Seawall for Mr. William Bell at 3500 Marcus Avenue, Newport Beach, Orange County The staff of the State Lands Commission has received your letter dated February 19, 1982 and copies of the permit drawing relative to the construction of your client's seawall in Newport Bay. This is to advise that the tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to the City of Newport -Beach for any necessary permits or approvals. You should also apply to all other agencies having approval authority, This action does not constitute$ nor shall it be construed as, a waiver of any right, title, or interest by,the State of California in any lands under its jurisdiction. Very truly yours, JUDY LUDLOW Granted Lands Representative (916) 445-7134 JL -pc cc: California Coastal Commission South Coast District 66 East Ocean Boulevard, Room 3107 Long Beach, California 90801 Attn: Nancy Lucast, District Director Robert L. Wynn, City Manager City of Newport Beach City Hall 33 Newport Boulevard Newport Beach, California 92660 Mr. William Bell 3500 Marcus Avenue Newport Beach� California 92663 63dI 15cc: G 091-02 PECU APPLICATION FOR A DEPARTMENT OF THE ARMY PERMIT Form Approued Office of For use of this form, we EP 1145.2-1 L Mgmt & Budget No. 49-RO420 The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899. Section 404 of P. L. 92-500 a6d Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable waters of the tj'h�jted States. the discharge of dredged or fill material into waters of the United States, and the transportation of dredged materibi for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in -evaluating the appi ication for a permit. Information in ttkeappl ication is made a matter of publ ic record through issuance of a publ ic notice. Disclosure of the information requested is vol&Iary. however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is not provided. the permit application cannot be pro– cessed nor can a permit be issued. One set of original drawings or good reproducible copi . �ias which show the location and 'character of the proposed activity must be attached to this application (see sample drawings and checklist) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. U Application number (To be assigned by Corps) 2. Date 3. For Corps I use only. 3 5 82 Day MO. Yr. 4. Name and address of applicant. 5. Name, address and title of authorized agent. William P. Bell Trau"Ewein Brolthers (Sam 'Kniss) 3500 Marcus 2410 Newport Blvd. Newport Beach, Ca. 92660 Telephone no. during business hours Telephone no. during business hours A/C (714 675-2098 A/C (7 14) A -7 -4 –1 Q A Q A/C A/C 6. Describe in detail the proposed activity, its purpose and intended use (private, publit;. commercial or other) including descrip– tion of the type of structures. if any to be erected on fills. or pile or float–supported platforms. the type, composition and quantity of materials to be discharged or dumped and means of conveyance, and the source of discharge or fill material. If additional space is needed. use Block 14. Build new concrete bulkhead to be built approximately three(30 feet in front of old deteriorated wood seawall. Fill to be by import. 7. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins -the waterway. 3412 Marcus Ave. Phillip A. Butterfield 3500 Marcus Ave. William Bell, Applicant 3502 Marcus Ave. Norton Flanders B. Location where proposed activity exists or will occur. Address: Tax Assessors Description: Jlf known) 3500 Marcus Ave. Street, road or other descriptive location Map No. Subdiv. No. Lot No. Newport Beach In or near city or town Sec. Twp. Rge. —Orange California 92663 Assessor's Parcel # County State Zip Code 9. Name of waterway at location of the activity. RIVO ALTO L NG Form 4345. 1 OCT 77 Edition of 1 Apr 74 is obsolete. 10. Date activity isproposedtocommenm Within 60 days after Permit apiproval. Date activity is expected to be completed With in 90 (1 AV c; a fti-r starti nc7- 11. Is any portion of the activity for which authorization is sought now complete? YES E] NO If answer is "Yes" give reasons in the remark section. Month and yew the activity was completed VIA Indicate the existing work an the drawings. 12. List all approvals or certifications required bv other federal. interstate, state or local agencies for any structures. consbuc— tion, discharges. deposits or other activities deocribed in this application. Issuing Agency Type Approval Identification No. Date of Application Date of Approval Water Quality letter 2/26/82 3/2/82 State Lands Commission submittal 2/26/82 City of Newport Rea ch submittal;' 2/26/82 13. Has any agency denied aDDroval for the activity described herein'or for any activity directly related to the activity described herein? ElYes Fx] No (if "Yes" explain in remarks) 14. Remarks or additional information. 15. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and bell f such information is true, complete. and accurate. I further certify that I.possess the authority to undert 0 pro;pz; t, Signaid-re of Applicant or Authoeiipd-9gent The application must be signed by the applicant; however. it may be signed by a duly authorized agent (named in Item 5) if this form is accompanied bv a statement by the applicant designating the agent and agreeing to furnish,upon request, supplemental information in support of the application. 18 U- S- C. Section 1001 provides that: Whoever. in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals. or covers up by any trick. scheme, or device a material fact or makesany false. fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statement or entry. shall be fined not more than $10.000 or imprisiGned not more than five years. or both. Do riot send a permit processing fee with this application. The appropriate fee wi I I be assessed when a permit is issued. 2410 Newport Boulevard Newport Beach, California 92660 WATERFRONT CONSTRUCTION Telephone (714) 673-1960 Contractors Ucense No. 256973A To: Mr. William Bell 3500 Marcus Ave. Newport Beach, Ca. 92663 Re: New Bulkhead Dear Mr. Bell: For your convenience and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS �-am Kniss I authorize you to act as my agent on the above project. LLQ -I- C - Signature Date CITY OF NEWPOh,' BEACH HARBOR APPLi"TION NO........ __51 7*,E ci -40 /Wr A AW&L 'c' a cle- VICINITY SkETCH -sir Jorrr CAsr /V 7-5 f NIA Imes cer'p.30AP.1 beloW A,-Ieor7 I-OOVC.- ZOW WOPC,-P-. lWoZ1*vPC.1o" rdy" C �r /0 v%C-1 A&W60,1 /1;7e -S are sec/zao? oyrvewpof-1 'Sar. C-437- 60--� ez�5 Ar, a,%i 6 F b p f Elk I A EA rr4e# nj PAO Aos O'D C e-1,5 /9 velvULIS &),, z-Z-1Ace APAZICWNr�P NAfodr -35-60 IYAR-4:50_5 Aver. jas AOzwejq 33 S' 726407- Aftoew 407* -7o_&Adr-CdrW Aw)6Ats. lo�'A,14'5_T 447,W L C)e,,sr xrwQwA(_L Q� 6 nJ-1 A) A 4- (2 29S7 C e-1,5 /9 velvULIS &),, z-Z-1Ace APAZICWNr�P NAfodr -35-60 IYAR-4:50_5 Aver. jas AOzwejq 33 S' 726407- Aftoew 407* -7o_&Adr-CdrW Aw)6Ats. lo�'A,14'5_T 447,W PO CITY OF NEWPORT BEACH U RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 )F= 0 MEMORANDUM TO: Tony Melum, Marine Department FROM: Faysal Jurdi, Chief Plan Check Engineer O-LtQsa� SUBJECT: Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue DATE: June 16, 1993 In an effort to reduce property loss due to flooding in the City of Newport Beach, we investigated the causes of flooding in the 3500 block of Marcus Avenue. On June 11, 1993 Lloyd Dalton from the Public Works Department and I inspected the bulkhead at the subject addresses and found that the wood bulkhead is deteriorated and is allowing earth to leak into the channel. Continued earth leakage will result in the undermining of structural foundations. When high tide occurs, water leaks through the bulkhead instead of a delayed rise through the retained earth. This increases the rate of water accumulation in city streets during rains and high tide when the tide valves have been closed by the General Services Department. This results in an increased chance of flooding of private property and creates a threat to public safety. The worst bulkhead condition was found to exist at 3500 Marcus Avenue where earth caved behind the bulkhead due to earth leakage to the bay through the deteriorated bulkhead. Sand bags have been placed behind the bulkhead. However, it is not an effective method of solving the problem. Since maintenance of the bulkhead is under your department's authority, please request that the property owners at the subject sites replace these wood bulkheads in order to protect their properties and mitigate the causes of flooding in the area. cc: Lloyd Dalton, Public Works Mike Pisani, General Services 3300 Newport Boulevard, Newport Beach CALIFORNIA COASTAL COMMISSION 631 Howard Street, San Francisco 94105— (415) 543 -SSSS July 19,1982 IMPORTANr PUBLIC HEARIN]r NOTICE Application Nos. 5-82-311 (Flanders) 3502 14arcus Ave. Newport Beach, CA 5-82-312 (Rhinesmith) 39,0`4 Marcus Ave. 1:4 ewport Beach, CA 5�-82-315 (Bell) 3500 Marcus Ave. Newport Beachy CA Me public hearing on these three items previously scheduled for July 27, 1982 before the California Coastal Commission has been postponed. These items will be rescheduled for the next southern California meeting of the Commission, August 24-27,1982. You will be notified at a later date of the exact date and location of the hearing. For further information please contact Liz Fuchs of the Commission staff at the above address. %aa4wda WATERFRONT CONSTRUCTION California Coastal Commission 631 Howard St. 4th Floor San Francisco, Ca. 94105 Attn: Elizabeth Fuchs, Coastal Analyst 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors License No. 322996A July 7, 1982 Re: Applications 311, 312, & 3157 Applicant names: Flanders, Bell and Rhinesmith Dear Ms. Fuchs: The following is submitted in support of the above referenced applications. A brief description of the typical concrete seawall is as follows: Pre -cast tongue and groove concrete panels, four(4) feet wide, fourteen(14) feet long and eight(8) inches thick weighing approximately 5,500 lbs. -are lifted vertically and jetted in place. The jet pump is very large and is powered by a diesel engine. From the pump to the jet pipe we use firehose to connect to the pipe and by lowering the pipe into the bay and running up the engine, we have a large volume of water under high pressure creating a hole and sustaining the sand in sus- pension. We then lower the panel into place and when we shut down the pump, sand immediately falls out of suspension and locks the panel in place. Depending on the exposure of the vertical face, seawall panels vary in length. The embedment "rule of thumb" is 1/3 in the ground and 2/3 out. After the panels are in place, we install deadmen blocks approximately 201 back of the wall and tie these blocks to the wall with steel tie rods, either in a straight pattern or a criss-cross. A coping appriximately 21 X 2' is cast continuous ontop of the panels to hold the tie rods and to dis- tribute the loading. I There are two ways to install the seawall either by land or from the bay. we shall consider by land first. 1. If by land, we need access for a crane to lift the panels so the wall must be built bayward of the old wall to allow access. First we install the wall from the street end (after its new wall is installed) for the property numbered 3500. Marcus. TRAUTWEIN BROTHERS * 2410 N )ort Boulevard Newport Beach, 'ornia 92660 e (714) 673-1960 Page 2 After it is completed, we drive the crane across this yard to set the wall at 3502 Marcus and the same at 3504 Marcus. I originally was going to submit the permits and ask for 51 but decided to ask for 31 to line up with the City's new wall. Recently the City's wall was moved back 31, so now we don't line up. In order to construct from the land side we have to go in front of the old wood wall and to preserve the owner's property we still must be in front of tne wall as I will explain later in this letter. My signed quotation for this method is $16,933.00 If y6u attempted to place the new wall on the old wall line, you would first have to remove the old wall which would allow the tidal action to work on the natural soil causing it to erode and undermine fences, houses, walks, planters,- patios, etc. This would be virtually impossible to do without destroy- ing a lot of property and the risk would be too areat for our company to attempt. Also, all the docks, piers and piling will have to be removed and reinstalled in order to provide access to the property. If a dollar value was to be placed on this work (assuming no houses, fences, patios, planters, walks, etc.) would be approximately $35,00.00. If you were to try and install the wall behind the existing wall, you would have the same problem. When you start jetting from existing ground level all the way down 141 for installation of the panels, you would undermine the house and blow out the old wood wall. The problem and cost associated with this method would be the same as on the old wall line. An easy way to visualize the -Lnfluence of jetting the wall is that if you had a hole 141 deep and the soil only sloughed off at a 1:1 slope, the hole across the top would be 141, so the distance from the center would be 71. In other words, when we are jetting in seawalls, we know that anything within 71 X 12' from where we are jetting, will be influenced some way. We try to use high tides only, so that the water will help us and will alternate from end to end to try and keep from overietting one area. To temporarily shore the areaso that we could place the new wall on the old wall line, would require driving steel sheet piling. This driving is done by steam, air diesel or drophammer either of which are very noisy in a residential area plus the very high TRAUTWEIN BROMMS 24 10 N -)ort Boulevard a Newport Beach, r fornia 92660 0 (714) 673-1960 Page 3 vibrations tend to crack foundations and to cause subsidence through vibrating the surrounding ground and causing to settle. If you did not damage anything, the cost of this would add about $30,000.00 to the wall cost. Our company would probably stay away from this method since the liability is so great. I would much rather be installing the new wall further away from the existing wall, say 71 but I felt 31 was reasonable and showed that on the drawings. I hope the above clears up some of the questions, but if you have others, feel free to contact me. Sincerely, TRAUTWETN BROTHERS WATERFRONT ,�STRUCTION Samuel F. Kniss SFK/tlb C.C. Norton Flanders William Bell Bill Rhinesmith WATERFRONT CONSTRUCTION Department of the Army Los Angeles District Corps of Engineers Regulatory Branch P. 0. Box 2711 Los Angeles, Ca. 90053 2410 Newport Boulevard Newport Beach, California 92660 TelephAne (714) 673-1960 Contractors License No. 258975A July 7, 1982 Subject: Application No. 82-89 - RA; Norton Flanders No. 82-§0 - RA; Bill Rhinesmith No. 82-94 - RAI William P. Bell Attn: Bob Atkins Dear Bob: The following is submitted in support of the above referenced applications. A brief description of the typical concrete seawall is as follows: Pre -cast tongue and groove concrete panels, four(4) feet wide, fourteen(14) feet long and eight(8) inches thick weighing approximately 5,500 lbs. are lifted vertically and jetted in place. The jet pump is very large and is powered by a diesel engine. From the pump to the jet pipe we use firehose to connect to the pipe and by lowering the pipe into the bay and running up the engine, we have a large volume of water under high pressure creating a hole and sustaining the sand in sus- pension. We then lower the panel into place and when we shut down the pump, sand immediately falls out of suspension and locks the panel in place. Depending on the exposure of the vertical face, seawall panels vary in length. The embedment "rule of thumb" is 1/3 in the ground and 2/3 out. After the panels are in place, we install deadmen blocks approximately 201 back of the wall and tie these blocks to the wall with steel tie rods, either in a straight pattern or a criss-cross. A coping appriximately 21 X 21 is cast continuous on top of the panels to hold the tie rods and to dis- tribute the loading. There are two ways to install the seawall either by land or from the bay. We shall consider by land first. 1. If by land, we need access for a crane to lift the panels so the wall must be built bayward of the old wall to allow access. First we install the wall from the street end (after its new wall is installed) for the property numbered 3500 Marcus. J5JtfC)THEBS 241n Newport Boulevard Newport Bear' California 92660 Page 2 (714) 673-1960 After it is completed, we drive the crane across this yard to set the wall at 3502 Marcus and the same at 3504 Marcus. I originally was going to submit the permits and ask for 51 but decided to ask for 3' to line UP With the City's new wall. Recently the City,s wall was moved back 31, so now we don't line up. In order to construct from the land side we have to go in front of the old wood wall and to preserve the owner's Property we still must be in front of the wall as I will explain later in this letter. MY signed quota - $16,933.00 L-JLon for this method is If-Yd)U attempted to Place the new wall on the old I wall line, YOU would first have to remove the old wall which would allow the tidal action to work on the natural soil causing it to erode and undermine fences, houses, walks, Planters, patios, etc. This would be virtually impossible to do without destroy- ing a lot of property and the risk would be too great for our company to attempt. Also, all the docks, piers and Piling will have to be removed and reinstalled in order to provide access to the property. If a dollar value was to be placed on this work (assUming no houses, fences, pat' 10s, planters, walks, etc.) would be approximately $35,00.0o. If YOU,were to try and install the wall behind the existing wall, YOU would have the same problem. When you start jetting from existing ground level all the way down 141 for installation of the panels, YOU would undermine the house and blow out the old wood wall. The problem and cost associated with this method would be the same as on the old wall line. An easy way to visualize the influence of jetting the wall is that if You had a hole 14' deep and the soil only sloughed off at a 1:1 slope, the hole across the top would be 141 0 the distance from the center would be 71. In other words, wh'ens we are jetting in seawalls, we know that anything within 71 X 121 from where we are jetting, will be influenced some way. We try to use high tides only, so that the water will help us and will alternate from end to end to try and keep from overjetting one area. To temporarily shore the areaso that we could Place the new wall on the old wall line, would require driving steel sheet Piling. This driving is.done by steam, air diesel or drophammer either of which are very noisy in a residential area plus the very high TRALTWEIN BROMM 2410 NE ort Boulevard e Newport Beach, C )rnia 92660 0 (714) 673-1960 Page 3 vibrations tend to crack foundations and to cause subsidence through vibrating the surrounding ground and causing to settle. If you did not damage anything, the cost of this would add about $30,000.00 to the wall cost. Our company would probably stay away from this method since the liability is so great. I would much rather be installing the new wall further away from the existing wall, say 71 but I felt 31 was reasonable and showed that on the drawings. I hope the above clears up some of the questions, but if you have others, feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERFRqNT-,-�20NS TRUCT ION Samuel F. Kniss SFK/tlb C.C. Norton Flanders William Bell Bill Rhinesmith RIVO ALTO IMPROVED BULKHEAD ALIGNMENT - - - - - - - - --- EXISTING BULKHEAD FILL AND EXTEN SION OF IMPROVEMtNTS so 9 A- pie, ViCINITY MAP