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HomeMy WebLinkAboutM2005-0014PO CITY OF NEWPORT BEACH ;> RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 FO V, January 11, 2002 Mr. Katsumi Imoto 555 Jade Tree Dr. Monterey Park, CA 91754 Re: defective sea wall — 3500 Marcus Ave. Dear Mr. Imoto: The City of Newport Beach has become aware that bay water is seeping through your bulkhead at higher tides and eventually flooding onto City streets. On-site inspections revealed that the seawater builds up during higher tides requiring the use of a sump pump to return the water to the bay. This is notice that repairs to your seawall is required to c . ontain the waters of the harbor and prevent potential flooding. Under the General Provisions for Harbor Permits, Section H. Repairs: The Permittee shall keep the structures in good repair -at all times. Failure to repair, when written notice has been given by City shall be cause for the revocation of the permit. Please arrange for the repair of the seawall as soon as possible. This work will require a permit from the Building Department. The pump that you presently have in your yard to return the water to the bay requires a plumbing & electrical permit also issued by the Building Department. The Harbor Resources Division is requiring you to apply for the permit to do the repairs and to obtain a permit for the pumps within thirty (30) days from the date of this letter. Failure to comply may result in either an administrative citation or revocation of your harbor permit. If you need additional information in regards to this matter, please call 949-644-3034 and ask for either Tony Melurn or Wes Armand. Sincerely, Wes Armand Harbor Inspector Harbor Resources Division Cc: Lloyd Dalton Faisal Jurdi Dave Kiff 3300 Newport Boulevard, Newport Beach P(0) 1=0 V, January 11, 2002 CITY OF NEWPORT BEACH Flanders Family P. 0. Box 674 La Canada, CA 91012 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Re: defective sea wall — 3502 Marcus Ave. The City of Newport Beach has become aware that bay water is se eping through your bulkhead at higher tides and eventually flooding onto City streets. On-site inspections revealed that the seawater builds up during higher tides requiring the use of a sump pump to return the water to the bay. This is notice that repairs to your seawall is required to contain the waters of the harbor and prevent potential flooding. Under the General Provisions for Harbor Permits, Section H. Repairs: The Permittee shall keep the structures in good repair at all times. Failure to repair, when written notice has been given by City shall be cause forthe revocation of the permit. Please arrange for the repair of the seawall as soon as possible. This work will require a permit from the Building Department. The pump that you presently have in your yard to return the water to the bay requires a plumbing & electrical permit also issued by the Building Department. The Harbor Resources Division is requiring you to apply for the permit to do the repairs and to obtain a permit for the pumps within thirty (30) days from the date of this -letter. Failure to comply may result in either an administrative citation or revocation of your harbor permit. If you need additional information in regards to this matter, please call 949-644-3034 and ask for either Tony Melum or Wes Armand. Sincerely, Wes Armand Harbor Inspector Harbor Resources Division Cc: Lloyd Dalton Faisal Jurdi Dave Kiff 3300 Newport Boulevard, Newport Beach P CITY OF NEWPORT BEACH RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 F 0 VVL " ?" January 11, 2002 Mr. And Mrs. Gerald Reilly 210 Edinburgh Circle Danville, CA 94526 Re: defective sea wall — 3504 Marcus Ave. Mr. And Mrs. Reilly: The City of Newport Beach has become aware that bay water is seeping through your bulkhead at higher tides and eventually flooding onto City streets. On-site inspections revealed that the seawater builds up during higher tides requiring the use of a sump pump to return the water to the bay. This is notice that repairs to your seawall is required to contain the waters of the harbor and prevent potential flooding. Under the General Provisions for Harbor Permits, Section H. Repairs: The Permittee shall keep the structures in good repair at all times.'Failure to repair, when written notice has been given by City shall be cause for the revocation of the permit. Please arrange for the repair of the seawall as soon as possible. This work will require a permit from the Building Department. The pump that you presently have in your yard to return the water to the bay requires a plumbing & electrical permit also issued by the Building Department. The Harbor Resources Division is requiring you to apply for the permit to do the repairs . and to obtain a permit for the pumps within thirty (30) days from the date of this letter. Failure to comply may result in either an administrative citation or revocation of your harbor permit. if you need additional information in regards to this matter, please call 949-644-3034 and ask for either Tony Melurn or Wes Armand. Sincerely, Wes Armand Harbor Inspector Harbor Resources Division Cc: Lloyd Dalton Faisal Jurdi Dave Kiff 3300 Newport Boulevard, Newport Beach Po 0 1> CITY OF NIEWPORT BEACH _3 _qj - . - - _* \V" z P.O. BOX 1768, VEWPORT BEACH, CA 92658-8915 January 11, 2002 Mr. Smith 3506 Marcus Ave. Newport Beach, CA 92663. Re: defective sea wall — 3506 Marcus Ave The City of Newport Beach has become aware that bay water is_seeping through your bulkhead at higher tides and eventually flooding onto City streets. On-site inspections revealed that the seawater builds up during higher tides requiring the use of a sump pump to return the water to the bay. This is notice that repairs to your seawall is required to contain the waters of the harbor and prevent potential flooding. Under the General Provisions for Harlbar Permits, Section H. Repairs: The Permittee shall keep the structures in good repair at all times. Failure to repair, when written notice has been given by City shall be cause forthe revocation of the permit. Please arrange for the repair of the seawall as soon as possible. This work will require a permit from the Building Department. The pump that you presently have in your yard to return the water to the bay requires a plumbing & electrical permit also issued by the Building Department. The Harbor Resources Division is requiring you to apply for the permit to do the repairs and to obtain a permit for the pumps within thirty (30) days from the date of this letter. Failure to comply may result in either an administrative citation or revocation of your harbor permit. If you need additional information in regards to this matter, please call 949-644-3034 and ask for either Tony Melum or Wes Armand. Sincerely, Wes Armand Harbor Inspector Harbor Resources Division Cc: Lloyd Dalton Faisal Jurdi Dave Kiff 3300 Newport Boulevard, Newport Beach 3 �5-c 6) / ;�-C/ _c/ -� -, PO 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: --',A 5 1 (96 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 Melum Deputy Chief Marine Environmental Division 3300 Newport Boulevard, Newport Beach P0 CITY OF NEWPORT BEACH PO. BOX 1768, NEWPORT BEACH, CA 92658--8915 C, '14,/pop'k 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." a' If you have questions regarding the above or would like to discuss this with me, please contact meat 644-3044. , Sincer Tony MOIU4/1 Deputy Director 3300 Newport Boulevard, Newport Beach C"i 00 'a CID U_ cl� 00 Ln _j LL US Army Corps of Engineers Los Angeles District P.O. Box 2711 Los Angeles, CA 90053 SPLCO-R Public il.,lliotice of Application for Permit Public Notice/Application No. 82 -90 -RA qq.", Date 14 MAY 1982 Comment Deadline: 14 YA., I I ��C_ 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). Appilicant(s) - Mr. Bill Ahinesmith 3504 Marcus Avenue Newport Beach, CA 92663 Loc 'at ion - R1vo Alto Channel, Newport Bay, Pacific Ocean, at 3504 Marcus Avenue, Lot 3, 'Block 335, Tract Canal Section, city of Newport Beach, Orange County, California 40ivity, 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 82 -90 -RA invited to provide their views on the proposed work, ATTN: SPLCO - R - which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No,) sid6red 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 p I u , blic 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: M Certification that the proposed work will not violate applicable State water quality standards has been requested from location state [I None Required Coastal Zone Management: .11 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: [9 Structures or work in or affecting navigablieweiters 'Of. the'United States - Section 10, River and Harbor Act of 1899 (33 U.S.C. 403). IN Discharge of dredged or fill mat . er . ial,!for purpose of dumping into waters of the United States - Section 404, Clean Water Act.(33 U.S.C. 1344). '0 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.is I s I u : e a permit wil I be based on an evaluation of the probable impact i I mcluding cumulative impacts of the proposed activity' on the public interest. That decision will reflect the national concern for both protection and utilizat! ' on of i?hporta:nt resources. The benefit Which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable de.friments. All'factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, 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.fhe EPA Guidelines (40 CFR 230) as required by,Section 404 (b) (1) of the Clean Water Act. CITY OF NEWPOR JEACH HARBOR APPLI ..rION NO. I 't j J— iT, c I 41 7-.S 7 OC-fJC. - �l 74 --*'- 0 'R r 0 VICI&JITY SkETCH .45n "4w0,oWr &AY, CA& I�FoRNIA J4ffrr 5.04t")&1"qS Ore eA,,0,r--.V5ea Are/ OncV OfdPno/e 0'VP 0'4 5 lbelOW A -1-t-017 ZOW /0 'owa-i Alow-Adr- 407L -s Ore e i061tshe& SCC/,fo,? Oyc'Mcw,~Joe Asar. L) 47-rC>4 L_ 4c -A' p, lo,,5A 2,,;:r 77,:�, C e�1�5 /9 v e /V u 6- AoPAI.IC4N.r�P A"Ve ert�/Z*) 3 3 y IA-� j orgisr SAWM-4L 6 r-Jiq A) A e_l L Z957 C e�1�5 /9 v e /V u 6- AoPAI.IC4N.r�P A"Ve ert�/Z*) 3 3 y IA-� j DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. Box 2711 LOS ANGELES. CALIFORNIA 90053 7"4 in KtrLT K141`911 IV .3 PL CO -R Public Notice No. 82 -54 -RA 2 6 JAN .1982 Comment Deadline. 2 6 F E B 1982 YOU ARE INVITED TO CCMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 APPLICANTI.S ACTENT: Mr. Tony Melum Tidelands Adminis,trator City' of Newport 'Beach (714) 640-2156 ACTIVITY. Under Section 10 of the River and Harbor Act of 1899 and under Seetkon 404 of the Clean Water Act, the ap.plicant proposes to replace an (�xisting deteriorated wooden bulkhead with a new oreca st concrete bulkhead along 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 exte I nd the street end surface improvement s to the improved :bulkhead alinement. All work will be done in Rivo Alto, Newport Bay, Pacific Ocean, at Marcus Avenue and 35th Streel-, city of.Newport Beach, county of Orange, State of California, as shown oil Lhe attached drawi I ngs. 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 Lp��tfication of Disposal Sites for Dredged or Fill Material, Federal Register of 24 -December' -1980, p. 85336'(40 Code of Federal Regulations 230j. PURPOSE AND USE. To protect private property against hig t e wa er and structural damage during reconstruction. FFDERAL, STATE AND LOCAL AUTHORIZATION: California Coastal Commission. ENVIRONMENTAL ASSESSMENT PREPWTION: When the Comment Deadline has passed and all relevant information has been received, the District Engineer will p . repare an Environmental Assessment �EA). If it concludes with a ' Fi ndi rig of No Significant Impact, processing of the permit application shall continue without preparation of an : Environmental I mpact Statement (EIS). However, if t1w 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 I public interest, an EIS will, be prepared before the final decision on the application. too., 17- "aJ Cl) Z rel) -iiial 1 S r3 too., 17- "aJ -iiial 1 S r3 January 25, 1982 CITY COUNCIL AGENDA ITEM NO. 1�:- - �L (ok TO: CITY COUNCIL FROM: Public. Works Department SUBJECT: 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 is� attributed to high unit prices for bulkhead work And uhc.lassifled fill, and to the lack of comp.eting bidders. Funding for award is proposed from the following accounts: Description Account No. Amount Harbor Street En d Improvement Program 02-4181'-052 $28,000 Storm Drain Improvement Program 0273497-053 16,787 The contract provi'des for (1) replacement of the existing wooden bulkhead with a precast concrete bulkhead along a -n improved al.ignment, (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. L Although the work constitutes a minor alteration of, existing public structures for repair and replacement and is th-erefore "categorically exempt" from EIR requirements, staff has recentl been notified that the City must obtain � Y. a Coastal Development Permit (from th6"California Coastal Commission) and a Department of the Army Permit (from the U.S. Corps of Engineers). These permits have been applied for and, barringLmforeseen delay, should be received by March 1, 1982. Trautwein Brothers has been informed,:,of these applications and has agreed not to commence contract work until the permi ts are received. Contract time will commence upph.receipt.of,permits and will expire 45 calendar days thereafter. 0 <0. dBent. �Nolan DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90OS3 IN REPLY REFER TO SPLCO-R 15 January 1982 City of Newport Beach ATTN: Mr. Tony Melum .Marine Department 3300 Newport Blvd. Newport Beach, CA 92663 SUBJECT: Replace An Existing Wooden Bulkhead With A Precast Concrete Bulkhead In Rivo Alto, Newport Bay Gentlemen: Reference is made to your Application No. 82-547RA We are reviewing your application, and estimate the processing time will be a minimum of 75 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. (not applicable) 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 call Bob Atkins in our Regulatory Branch at (213) 688-5606, before 3:00 p.m. Sincerely, 1 Incl H. MAHONEY Assistant Chief, Construction - Operations Division LA FL 507C AUG 81 PO �jEF- A CITY OF NEWPORT BEACH n X P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 -J, MEMORANDUM TO: Tony Melum, Marine Department FROM: Faysal Jurdi, Chief Plan Check Engineer ojt�- 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 TRECEIVED7 JU 1 JUNI 17 W3 7-7 3300 Newport Boulevard, Newport Beach P 0 r) TO: FROM: SUBJECT: DATE: 4EF- 'A' CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 MEMORANDUM Tony Melum, Marine Department Fay.sal Jurdi, Chief Plan Check Engineer aut� Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue 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. Thi,s 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 3.,5700 — 2 '�O 'op Z-, — e k;,Pe4� �RECEWED, JUNI 17 3300 Newport Boulevard, Newport Beach NORTON B. FLANDERS City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attention: Mr. Tony Melum Deputy Chief Marine Environmental Division �,5 el 3502 Marcus Ave. Newport Beach, CA 92663 Tel: (714) 675-0285 Fax: (8'18) 793-2284 September 27, 1996 Reference- Your letter of September 16, 1996 regarding Harbor Permit OJ5-�502, �bLlkhead Bayward of 3502 Marcus Avenue Dear Mr. Melurn: The referenced letter cites a deterioration of the 6ulkhead bayward of my property, It also refers to correspondence of June 1993 on the same subject. Subsequent to the June 1993 letter, I contacted the City (probably your office) and discussed the condition of the bulkhead. No further response was received from the City. Now, as in 1993, the bulkhead is intact and no substantial leakage is occurring. I had Trautwein Bros. perform substantial workon the southeast comer of the bulkhead Oust before they left the business). This involved constructing a poured concrete wall in excess of six feet deep for several feet along the bulkhead, together with a return of several feet along the south property line. This sealed my property from water encroaching from the adjacent parcel along this side of my property. To date, this has functioned quite well and I experience little or no seepage. What little water does penetrate on excessively high tides is promptly returned to the bay by two sump pumps. Under no circumstances does water end up on City streets or on adjacent private property. Further, the height of the bulkhead was increased to the nine foot level at the time that this action was requested by the City. I have engaged Swift Slip to perform repairs to the walk -way and dock periodically, and they have inspected the bulkhead each time and found it to be in good condition. I would be pleased to discuss this with you further, should the above information not answer your questions. Incidently,.;you-may wish to correct the name and- address�peftdinhg-to-,.th i , s '. VF in yd - ur -records----,,,", Thank you for your interest in this matter, Very truly yours, Norton B. Flanders PO CITY OF NEWPORT BEACH r) P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 F0 September 16,1996 Mr. Robert and Mr. David Norton 3502 Marcus Avenue Newport Beach, CA 92663 Re: Harbor Permit #335-3502 Bulkhead Bayward of 3502 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 the above address. 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. Wifi-dn 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.�4.094-5 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, ____ �z 1111� ZAIa4___� Tony Melum Deputy Chief Marine Environmental Division 3300 Newport Boulevard, Newport Beach US Army Corps of Engineers Los ' Angeles District P.O. Box 2711 Los Angeles, CA 90053 SPLCO-R I'U U I I G 140 11 C of Application f or Perm lot Public Notice/Application No. 82 -89 -RA Date 14 AlAy N2 Comment Deadline:, 4 JON ism 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. Norton Fla I nders 3502 Marcus Avenue Newport Beach, CA 92663 ..Location - Rivo Alto Channel, Newport Bay., Pacific ocean, at 3502 Marcus. Avenue, Lot 2 Block 335, Tract Canal Section, city 'of Newport Beach, Orange County, Calif . ornia 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 -89 -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: !C Certification that theproposed work will not violate applicable State water quality standards has been requested from location state 0 None Required Coastal Zone Management: j7 The State of California is reviewing this work for consistency with its approved Coastal Zone Management Program. [] 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: CR 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). L4 Discharge of dredged or fill material for purpose of dumping into waters of the United States - Section 404, Clean, Water Act (�3 U.S.C. 1344). 0 Tran sportation 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-flon 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 may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative, effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use,havigation, shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, 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 6.uidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. CITY OF NEWPOR I - BEACH HARBOR APPLI(owiTION NO. K., 6 r-,�9 A)A4. 1! 1, 1 , I I , I c e�ls /19 Ile IVU6 A&A.710 Ao� lo AP er JOICAL ff A 4> 0 ,.�Vo VICINITY SkETCH *48--Rr LSAY, CAL iFc:,j9tMlA slou-&,,ngs cx-Ar dpm�pw-csseof /P7 /ire/ o'ne &dP,- 10A 5 I-0vVe.- LOW k/l2rld,^ ra"pe, /0 Ar4r./. lyao-60r- lolp�1-111�1 . iabl"She Ore c scc/.-cw oyrvcft"~/ SC7,r. Al LA.) )9,j v "ale 6 r-,�9 A)A4. 1! 1, 1 , I I , I c e�ls /19 Ile IVU6 A&A.710 Ao� IN REPLY REFER TO SPLCO-R DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Mr. Sam Kniss Trautwein Brothers 2410 Newport.Blvd. Newport Beach, CA 92660 16 April 1982 SUBJECT: Application on Behalf of Norton Flanders to Construct a New Concrete Bulkhead at 3502 Marcus Avenue, in Newport Bay Dear Mr. Kniss: Reference is made to your Application No. 82 -89 -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 driminal legal action. To process your applicatio ' n, 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 .4 permit, approvals designated,on the attached check list are required. If you have any questions or wish to bring to our attent.ion special circumstances justifying expedited processing, please call3ob -.Atkins in our Regulatory Branch at (213) 688-5606, before 3:00 p.m. Sincerely, MAHONEY 1 Incl innu Assistant Chief, Construction - Operations Division LA FL 507C AUG 81 i PO CITY OF NEWPORT BEACH r) P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 16, 1996 Mr. and Mrs. Brian Brooks 3504 Marcus Avenue Newport Beach, CA 92663 Re: Harbor Perrrdt #335-3504 Bulkhead Bayward, 3504 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 the above address. 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. 1 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 Melum. Deputy Chief Marine Environmental Division 3300 Newport Boulevard, Newport Beach P0 > C�- � i-2 �Vt� S 1w, � i; i 1 4 RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 22, 1993 Frank August 3504 Marcus Avenue Newport Beach, CA 92663 RE: Harbor Permit 335-3504 for bulkhead bayward of 3504 Marcus Avenue Dear Mr. August: 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 tc, 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 me at 644-3044. Sincc�erell SA Tony Meluk Deputy Director 3300 Newport Boulevard, Newport Beach 0 0 TI\ CITY OF NEWPORT BEACH r) -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 '141F09 - MEMORANDUM TO: Tony Melum, Marine Department FROM: Faysal Jurdi, Chief Plan Check Engineer 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 isi deteriorated and is allowing earth to leak into the channel. Continu-ed earth I eakage wi 11 resul t i n the undermi ni ng 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 eumic 4ouce . US Army Corps 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 IM Comment Deadline: 14. JUN '1'�K­21 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 Ahinesmith 3504 Marcus Avenue Newport Beachj 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 f e6t 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 910053 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: 7 Certification that the proposed work will not violate applicable State water quality standards has been requested from location state '] None Required Coastal Zone Management: K The State of California i's 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 hasbeen consulted and this site is not listed. This review constitutes the extent of cultural resource investigations by the District Frigineer, and he is otherwise unaware of the presence of such resources. Endgin_&rid Species -'Prblimina.ey d6t6rm4'Fait`i5ns ih-di—d-aT-e-l�na—at-tfffe--pro—p-ased activjly will nbt�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: [X . 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). EXI 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). 0 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 I of the proposed activity on lhe public interest. That decision will reflect the national concern for both protection and,utilization of important resoueces.'The benefit which reasonably may be expected to accrue from the proposal must be. balanced against its reasonably foreseeable' detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and Wildlife values, flood hazards, flood plain values, land use,,navigation, shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, 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. IN KLMY SPLCO-R DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 16 April 1982 Mr. Sam Kniss Trautweih Brothers 2410 Newport Blvd. Newport Beach, CA 92660 SUBJECT: Application on Behalf of Bill Rhinesmith to Construct a New Concrete Bulkhead at 3504 Marcus Avenue, in Newport Bay Dear Mr. Kniss: Reference is made to your Application No. 82 -90 -RA We are reviewing your application, and estimate the processing time will be a minimum of 60 da)rs 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 appl ication, 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 call Bob Atkins in our Regulatory Branch at (213) 688-5606, before 3:00 p.m. Sincerely, Incl W. MOMEY Assistant Chief, Construction - Operations Division LA FL 507C AUG 81