Loading...
HomeMy WebLinkAboutM2011-0055DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 ZEPLY TO ATTENTION OF December 16, 2011 Regulatory Division John Melbon c/o Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Melbon: Reference is made to your request (File No. SPL-2011-00386-JPL) for a Department of the Army Permit to complete work within. waters of the U. S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work. described below at 25 Balboa Coves in Newport Bay within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, you are authorized to conduct the following activities affecting waters of the U.S.. 1. Expand an existing 20 foot by 8 foot floating dock by adding a. 20 foot by 10 foot and a2 foot by 20 foot extension. 2. Remove two existing concrete pilings and install three new 12 -inch concrete pilings to support the proposed expanded dock. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this 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 (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason.P.Lainbert@usace.army.mil. -2 - Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://-Per2.gn.usace.am.mil/survey.html. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch 12.2D . 2011 DATE loll STATE OF CALIFORNIA-NATURAL'RESOURCES AGENCY EDMUND G. BROWN, JR., Governor �........... CALIFORNIA COASTAL COMMISSION IvED 8 SOUTH COAST DISTRICT GE y e� 200 Ocean ate, 10th Floor LONG BEACH, CA 90802-4416 COMMUNE (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov OCT '�7 Date: .October 14, 2011 Mr. John Melbon DEVELOPMENT V� 25 Balboa Coves 5-11-099 Newport Beach, CA 92663 of "."OR NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on September 15, 2011 and was reported to the Commission on Thursday, October 6, 2011 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, CHARLES LESTER Executive Director A a4--Yll By: JOHN DEL ARROZ Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock And Pier Builders, Inc., Attn: Peter Swift iZt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. rJ-1 1 -099 " 200 Beach, te,C sults 1000 Th4a Date: September 15 2011 -"� Long Beach, CA 90802-4302 p -- (562) 590-5071 Page 1 of 8 f ADMINISTRATIVE PERMIT APPLICANT: John Melbon AGENT: Swift Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: Remove existing 20'x8' rectangular float and two 12" concrete piles, and replace with a new 10'x40' rectangular float and three 12" concrete piles. The dock system will be composed of Douglas Fir and Timber Tech decking. PROJECT LOCATION: 25 Balboa Coves, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, October 6, 2011 9:00 am IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents., including all conditions,.and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: John Del Arroz Title: Coastal Program Analyst 5-11-099 (Melbon) Administrative Permit Page 2 of 8 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 the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages five to eight. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Location and Description - The subject site is located within the private locked .gate community of Balboa Coves in the City of Newport Beach (Exhibit #1), along the Newport Island Channel. Single-family residences characterize the subject site and the surrounding area. The proposed project includes the removal of the existing 8'x20' finger shaped wood float and two 12" diameter piles, and installation of a new 10'x40' wood float, and three 12" diameter concrete piles. The new float will not extend farther bayward than the. existing float. Coastal public access to the bay is available West of the project site at the Channel Place public park. The proposed dock will be within the U.S. Pierhead Line and is consistent with the City's Harbor Permit Policy and with past Commission actions and the pattern of other dock development in the area. 5-11-099 (Melbon) Administrative Permit Page 3 of 8 The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by WSSI Environmental Consulting for eelgrass and no .eelgrass was discovered in the immediate vicinity of the existing and proposed dock. The applicant's biologist does not anticipate direct adverse impacts to eelgrass associated with installation of proposed piles or other construction activity. The applicant proposes to use silt curtains and other BMPs to address possible construction phase effects. No water coverage and shading effects on eelgrass are expected. In addition, the applicant proposes a post -construction survey conducted 30 days after construction completion to assess any construction impacts to eelgrass and if this survey identifies eelgrass impacts and/or the new dock casts shadows that may further impact eelgrass; the applicant will conduct two (2) years of annual monitoring post construction, as required by the U.S. Army Corps of Engineers (USACOE), to determine if the project impacts eelgrass. After the second year of monitoring the USACOE will determine if mitigation is necessary to satisfy their requirements. The procedure identified by the applicant is consistent with USACOE requirements. However, the USACOE requirement differs from the Commission's normal procedure regarding post construction impacts to eelgrass. The Commission's typical procedure (Special Condition No. 2) has been to require a post construction survey, similar to what the applicant has proposed, but then if eelgrass impacts are indentified at that time, then an eelgrass mitigation plan is required immediately. The Commission's.procedure (Special Condition No. 2) has not changed and will be applied to the proposed project. If the two (2) year monitoring required by the USACOE identifies additional eelgrass impacts, then additional mitigation will also be required for those impacts. The eelgrass survey took place on March 1, 2010 as required by the City of Newport Beach Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception'of surveys completed in August -October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). The project is agendized for the October 2011 Coastal Commission Hearing so the eelgrass survey would not continue to be valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. A pre -construction Caulerpa taxifolia survey was completed on March 1, 2010 as required by the City of Newport Beach Harbor Resources Division. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the October 2011 Coastal Commission Hearing and by this time the Caulerpa taxifolia surrey would not continue to be valid since 90 -days have passed since the survey was completed. Thus, an up-to-date Caulerpa taxifolia surrey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition No. 3 also identifies the procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers (USACOE).. The property lines of the subject site extend out into the waterway in this area. The proposed dock would be located within the applicant's property lines. Nevertheless, since the area is submerged, the proposed dock is being constructed within an area subject to public trust doctrine. A special condition is imposed stating that the approval of a coastal development permit for the project does not waive any - public rights or interest that exist or may exist on the property. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not 5-11-099 (Melbon) Administrative Permit Page 4 of 8 exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, -the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal. Act. C. Water Qualitv The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Proaram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the . environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-11-099.(Melbon) Administrative Permit Page 5 of 8 SPECIAL CONDITIONS: Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter, sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities.,for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11 )All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. 5-11-099 (Melbon) Administrative Permit Page 6 of 8 (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil 5-11-099 (Melbon) Administrative Permit Page 7 of 8 absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, .lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosters marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service. and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days. of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development 5-11-099 (Melbon) Administrative Permit Page 8 of 8 permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia d.iscovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C..taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this. coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing ci .......... SOU4, Coast Region APR 1 9 2011 A, I 170RNIA COMMISSION EEL GRASS INSPECTION Eelgrass within 15' of project Eelgrass within 15,- 30' of project No F-qlgrass in project area -Signature 51111� � 045 nsoection Date & Time 9PPLiaw's W iQ\ Mfll.�M'l =JOBFMRESS e-&04 ASTAL COMMISSION # 10124/2011 06:03 9495313122 SWIFTSLIPDOCKPIER CITY OF NEMP0tvT BERCH IIEIiiCPr�R"T W�'AI,'H � rriy r DRY PAGE 02102 7!7; p� E, IVM— '—ow'k Coast Region APR 1 9 z011 r ^ t IrORNIA ,11- ,"LL COMMSSION 5 >r aRr ars, cr9DNG3 .Fill EXE IN FEET F�p3i07E E MOM L.Dt�(ER L4W i+�tTER. • - . ; _ �c� ear ����, • NOW 1IM CLASS INSPECTION EalArass within 15' of project Eelgrass within 15 - 30` of project.' o el rass In project area igna ure Il 1 Inspection nater ime 'r HARBOR RESOURCES DIV.. CITY OF NEWPORT SACH /F &fin 7 California Coastal Comtni5si0n uth Coast District Office Per ' l _ Da��:.--- E'LIR�VT'S PLyIII t HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport: Beach, CA 92660 (.949) 6443034 / Fax (949) 7230589 Special Conditions April 5, 2U11 Property Address: 25 BalboaCoves With reference to the plans Currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1 _ The project proponent is' aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that .the above referenced structure(s); is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies_ Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set fartln in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uso.s are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc...are not permitted. 5_ In accordance with Muinicip;ll Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any nther commercial purpose. B. Public, streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or. for other commercial purposes ih the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be impUemented in conformance with the Local Coastal Program - Coastal Land Use Plan_ page 1 of 2 90/7,0 39Vd d�IdAJUUdI-lS1dIMS ZZTET696VG 66:Z7, TT0Z/60/TT 7. In accordance with Municipal Code;90.28.040 the following noise regulatinns apply_ °A, Weekdays and Saturdays. leo person shall, while engaged in construction, remodeling, digging, grading, demolition, painting; plastering or any other related building activity, operate any tool, equipment or machine in a rhanner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity,+ who works 'or resides in the vicinity, on any weekday except between the hours of seven:a.m_ and six,:thirty p.m., nor on any Saturday except between the hours of eight a.m. and six A.m. B. Sundays and Holidays. No parson shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or Wly other related building activity, operate any tool, equiprpent or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or residos in the vicinity, on any Sunday or ani► federal holiday.° B. Your side property lineis extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's propgrty on either side. 9. Vessels may not -extent beyond the; end of the fingers by more than the width of its beam. i Walters, Harbor Resources Date c rupture Print Name Date Pier Applicant Signature:(1f applicable Print Name Date Page 2 of 2 90/60 3!DVJ a3IdA00QdI1S13IMs ZZT6T696b6 66:ZZ TTOZ/60/TT SWIFT SLIP DOCK &:PIER BUILDERS, INC. 2027 PI-ACENTIA AVENUE COSTA MESA, CA 92627 (9491) 631-3121 PHONE (949) 631-3122 FAX EMAIL: amanda.swiftslipgsbcglobal.com wwW.swiftslipdocks.com March 29, 2011 Adam Fisher California Regional WateR Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Boat Dock & Pile Replacement Dear Mr. Fischer: We are acting as agents ifor the applicant listed below. This is notification that we intend to replace the boat dock and pile at the address referenced below. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Nairi�_ John & Jackie Melbon 2. Project Address: 25 Balboa Coves 3. Applicant Phorje: (949)500-6970 4. Parcel NumbO-. 423-4103 5_ Scope of Work: Add 20'x10' section of -float. Widen existing float by 2'. Install 3-12" pile 6. 7 Latitude/Longitude: Applicable Fees. N. I_at 33.371712 W. Long 117.560377 Enclosed is a check for the application fee of $77.00. S. Statement: This notice is being submitted according to Regional Board Generali Certification for sheet and dock pile replacement, issued on September 29,,',2005. 9. Statement: The information in this notice is complete and accurate. i Please contact our office if you should hpve'any questions. Regards, SWIrT SLIP DOCK & MER 131J1l.DERS, INC. I Amanda Spooner Permit Division Z0/Z0 39VJ �GIdAOOUI-ISIAIMS ZZTETE96176 TS:TZ TT0Z/b0/TT HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Add 20'X 10' section of float. Widen existing float by 2'. Install 3-12" pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 25 Balboa Coves Legal Description: Harbor Permit Number: 1011-25 7771 Plan Check Number: 0403-2011 Applicant: John & Jackie Melbon Applicant's Mailing Address: 25 Balboa Coves, Newport Beach, CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of.a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resou April 5, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for Building Combo Permit Application MMA City of Newport Beach - Building Depart Mal Please print 3 copies mRBOR RESOURCES D<Building F., Grading F ..Drainage Elec M EQTY OF NEWPORT BEA ) 1. Project Address (Not mailing address) �®r�JjSuite No cc\le ........ ..... Tenant Name(if Applicable)ti # Units (if Residential) .......... ��� ...................... 2. Description of Work Use 'N66 S—R- �_-CX�� .............. !z ........................................................................................................................................... Valuation $ Exist House SF Demo House SIF Add/Reconstruct House SF ...................... Exist Gar SF Demo Garage SF New Add r7Alter [--..Demo uneCK Appropriate box for Add/Reconstruct Garage SF ................................................ : TOTAL HOUSE SIF ........ . ....................... . ... ...... . ............ . TOTAL GARAGE SIF ............ . . ......... . . .......... 3. Owner's Name LastFirst ........... ................................. ... Cu Yd Cut Cu Yd Fill # Stories 17 Owner's Address Owners E-mail Address ............................................................. ....................................................... ....................................................................................... . . ................................ .....`�.............. City State Zip Telephone ............................................. ................... (7 4. Architect/Designer's Name Last First Lic. No. N�J.N . ..................................................................... ........................................... ...................................... Architect/Designers Address Architect/Designers E-mail Address F_ .................................................................................................................................................................. .......................... City State Zip Telephonel ---------- ----- I ............................................. ........................................................... OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ CITY OF NEWPOKT BEECH CITY OF NEWPORT BEACH j ND ORT A4A BRY �,p�p� ��``�-CQR \ \ •baa—"amu !I_ "4Y117.GYK�' ` HRY dC EAN PIKER WEST VICINITY MRP'' �rrY J �r PROFILE 1' = 40' li]I�ORT MY, CfLffOFl1IH S[N wnTNf_C 00C rV00MCM TAI C='r a.m nrkinrr 'S NAME lv\� 40'. JOB ADDRESS 7— 1Ae, '� CA, �IV ' DATE ? e?)?Tc� . CITY OF NEWPOKT BEACH CITY W NMRMT Mn BRY VICINITY liRP NWW M, QUFMM ; I I EEL GRASS INSPECTION Eelgrass within 15' of project Eelgrass within 15 - 30' of project No pelgasA4n project area I , 10 dion Date WE PROF I LE .. 1 40' JETT'f SMMNM FIRE MMMED IN FEET FND DENOTE ELEWIONS 3%0 ON NUN LONER LOW NFITER. Al F HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH JOB ffillus Z-5- SAe.At4 irle JDRTE .wi 4OF 2726 Shelter Island Dr. San Diego CA 92106 WS S 1 (800) 236-0013 • (800) 225-9730 (fax) 2 March 2011 To: Mr. Pete Swift Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Pre -Construction Eelgrass and Caulerpa Survey, Melbon Residence, 25 Balboa Cove, Newport Beach, CA, #3838 Dear Mr. Swift, Attached is the Pre -Construction Eelgrass (Zostera marina) Survey as well as a Caulerpa Survey Reporting Form for the dock replacement project at the Melbon Residence, 25 Balboa Cove, Newport, CA. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the project area. This preliminary report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, Kira Withy -Allen & Richard Mann WSSI Environmental Consulting & Monitoring 2726 Shelter Island Dr. San Diego, CA 92106 kirawithyalten@wssica.com; mann@wssica.com (800) 236-0013 Office 2726 Shelter Island Dr. WS S 1 San Diego CA 92106 (800) 236-0013 • (800) 225-9730 (fax) Melbon Residence 25 Balboa Coves Newport Beach, CA Pete Swift Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Eelgrass Survey 2 March 2011 Report Prepared By Kira Withy -Allen Survey Assistance By Kelly Tait S 8 Diego 2726 Shelter Island Dr. San WJa pp 11 236-0013 - (800) 225-9730 ) Introduction The homeowner at 25 Balboa Coves would like to replace the existing dock with a slightly larger dock. The homeowner proposes to add 20' by 8' to the existing dock and install three 12" steel pilings. More detailed information on the proposed dock layout is included in the submitted project application. This survey was conducted to determine the presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the project vicinity. This is the second eelgrass and Caulerpa survey done for this property. —N FOA „FIcA` ON HeaYp�Jasy U01 01-4 2726 Shelter Isln+ Dr. Son Diego C« f»l+% 1 (4+«)227.++;\=(800) 22593 d�=> S2726ShelterIsland a Dr. DiegoSan WS 1 (800) 236-0013,,(800) 225-9730 (fax) Results No eelgrass (Zostera marina) nor Caulerpa sp. was observed in the surveyed area. The depth ranged from +1.4 ft Mean Lower Low Water (MLLW) at the bulkhead to 4.1 ft MLLW near the channel. Water temperature was 61 ° F (18°C). The seafloor was silty and dominated by a filamentous Ulva sp. in the shallow regions and a brown alga near the dock. Fauna included oysters, sponges, barnacles and mussels. Depth adjustments based on local tide information: 6.0 5.0 S w 4.0v n 3.0 2.0 a ' Li —1012 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1:01 AM 1.7 6:59 f1M 5.4 � Day >>1:52 Day'.. PM ' -0,6 8:11 PM 4.2 Discussion The absence of eelgrass was not unexpected, given the back bay location and high coverage of other algal species. No impact to eelgrass is expected with the replacement and extension of the existing dock and the installation of new piles. 2726 Shelter Island Dr. San Diego CA 92106 W.; w Site Photos Shelter2726 � Island Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 2 March 2011 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 25 Balboa Cove, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.611490 Lat accuracy level, and an W 117.898569 Long electronic survey area map or hard copy of the map must be included) Survey Contact: (name, hone, e-mail) Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen & Kelly Tait, above): (name, phone, kirawithyallen@wssica.com e-mail Permit Reference: pending (ACOE Permit No., RW CB Order or Cert. No. Is this the first or second Second survey surve for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. 2726 Shelter Island Dr. San Diego CA 92106 WS S 1 (800) 236-0013 - (800) 225-9730 (fax) Existing and Proposed Dock r L 4� A PLAN VIN 1" 40' Description of Permitted Work: Anew dock will replace the existing dock with (describe briefly the work to the the dock expanded 20' by 81. Three new piles be conducted at the site under the permits identified above) will replace two existing piles. Please see drawings and descriptions of the proposed dock layout submitted by Swift Slips. Description of Site: Depth range: (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). Substrate e: Tem erature: 61 deg F Salinity: Dominant flora.' Filamentous ulva sp. and brown alga Dominant fauna: Oysters, sponges, barnacles & mus Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort• • Survey date and timeeriod. 1 March 2011 1045-1130 hr Horizontal visibilityin water: 8 feet (please describe the surveys conducted including type of Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Survey personnel: Kira Withy-Allen & Kelly Tait Describe any limitations encountered during the survey efforts. Survey density: 75% Survey limitations: none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) els HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions April 5, 2011 Property Address: 25 Balboa Coves With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 -7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 10/13/2008 09:42 9496313122 SWIFTSLIPDOCKPIER 00f ivfr.vvu iu.uo rnn UJ 6RMT 4UUO, DEPARTMENT OF THE ARMY LOS AN09LES DISTRICT, eORPS OF ENGINEERS P.O. BOX 63371. LOS ANQELES, CALIFORNIA 90063-2325 October 10, 2008 Io TION dig ;e of the Chief alatory Division Craig P. Swift Slip Dock & Pier Builders, Inc. 1nti,on: Jennifer Beserra 7 Placentia Avenue to Mesa, California 92627 Mr. Craig: Reference is made to your request dated July 21, 2008 (File No. ;ions of Section 10 of the Rivers and Harbors Act of March 3, 18 V authorized to conduct the work described below within New a Cove, in the City of Newport Beach, Orange County, Califoi ed drawings. 5peLffically, you are authorized to. 1, Increase coverage of waters of the U.S, by 160 square feet. 2. Install a 20'x a' float section to the existing floating dock 3. Install three new 12" piles. The owner or authorized responsible official must sign and date ermission (LOp) indicating that he/she agrees to the work as describe )nditions. One of the signed copies of this Letter of Permission must ngineers (a pre -addressed envelope is enclosed). In addition, please ostcards to notify this office as to the dates of corr=encernent (within instruction) and completion of the activity (within 10 days following PAGE 02/03 IgJ VVL{V ItS Under the (33 U.S.C. 403), you are )rt Bay, bayward of 25 a, as shown on the ill copies Of thi5 Letter of I and will comply with all ,e returned to the Corps of se the two attached 10 days prior to the start Gi he end of construction). Furthermore, you are hereby advised that the Corps of Engineei _has established an ni5trative Appeal Process which is fully described in 33 CFR Par t 331. The complete appeal "is diagrammed in the enclosed .Appendix B. 10113/2008 09:42 9496313122 -2- SWIFTSLIPDOCKPIER Thank you ,for participating in our regulatory program. If you at Yvette Cardenas of my staff at 213,452.3415 or via a -mail at e, L. Cardenasdhu sace. arlmy.mi L Please be advised that you can now comment on your experie ion by accessing the Corps web -based customer survey form at: Sincerely, Marie Durham Chief, South Co; Regulatory Divi PAGE 03/03 Lgj V U'5 f V I d any questions, please with Regulatory Branch rE STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 August 20, 2008 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Pier, Proposed Proposed Existing Proposed Additional Description Pier Platform, Float Gangway Piles Piles and Dock Dimensions and Pier Dimensions Eelgrass survey 3/6/2008 (expired 7/4/2008 - new eelgrass survev must be completed indicating no eelgrass within project area prior to proceeding) ; Caulerpa survey 3/14/2008 (expired 6/12/08 - new 10'x 14' Caulerpa survey must be 40'x 6' float; 3' x 20' ganway; pier 8'x 42' float; 30'x 8' Pier; Tx 24' 2-14" T piles; 2-18" completed indicating no Caulerpa within project area wior to roceedin Hurd, Ken 832 Via Lido Nord platform backwalk gangway piles Eelgrass survey 3/6/2008 (expired 7/4/2008 - new eelgrass survev must be completed indicating no eelgrass within proiect area prior to proceeding) : Caulerpa survev 3/14/2008 (expired 6/12/08 - new Caulerpa survev must be Tx 24' gangway and 8'x40' float 20' x 8' completed indicating no Caulerpa within proiect area erior to roceedin raj ; ijl 25Salbi�a�Covet t6 remain)section ,Add 3-12" files Eelgrass survey 3/6/2008 (expired 7/4/2008 - new eelgrass survev must be completed indicating no eelgrass within project area prior to proceeding) ; Caulerpa survev 3/14/2008 (expired 6/12/08 - new 10'x 14' pier with 4' Caulerpa survev must be 76'x 6' float x 4' lobe; 3' completed indicating no with 8'x 14' x 24' Caulerpa within proiect area l2rior toproceeding) Schuman, Mike 7 Balboa Coves 10'x 22' lobe gangway 4-12" piles Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 2 Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC - 031 -06 the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the proposed dock projects listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2009 and that all authorized work must be completed prior to that date. Finally, please note there are ongoing obligations relative to water quality protection established in the authorization which must be implemented for the entire life of the approved development. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the City of Newport Beach. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you hav7an questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200 Sincerely, /� Karl Schwing O Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers Irregularly Eelgrass survey 7/13/08 shaped (Expires 11/10/08); Caulerpa 12'x 35' float; approx. 32'x Tx 22' 34' (462 sq ft survey 5/30/08 (Expires Coyne, John - 315 Evening Star gangway total) Tx 22' 2-18" files 8/28/08 Eelgrass survey 6/23/08 35' long (Expires 10/21/08); Caulerpa 606 Harbor Island U-shaped 28' finger, 20'x 8' Repair survey 5/27/08 (Expires Hendrickson, Bill - Drive x 38' backwalk existing 2-10" piles 8/25/08 Eelgrass survey 7/7/08 (expires 10/5/08); Caulerpa 1100 West Bay Pier with 10'x 18'x 36' 3-14" No new survey 6/23/08 (Expires Barnard, Scott _ Avenue 14' latform rectangular piles piles 9/21/08 Remove 8'x 20' section from backwalk and Eelgrass survey 6/23/08 add (Expires 9/21/08); Caulerpa L-shaped 8'x extensions to survey 3/26/07(Expired 103'-29'x 9' existing float 7/24/07) -NEW CAULERPA w/ pier finger, one 2692 Bay Shore platform and 8'x10' and Retain No new SURVEY REQ'D BEFORE COMMENCEMENT OF WORK Herbst, Jerry,Drive gangway one 8'x 7'6" existing piles Eelgrass survey 7/2/2008 U-shaped 26' Add 2 new (expires 10/30/08);.Caulerpa x 52'; pier 4'x10' 221 Via Lido platform and sections to Retain Retain No new survey 7/21/08 (Expires Cline, David -- Soud gangway existing float existing existing piles 10/19/08 Eelgrass survey 7/14/08 4'x 50' long Retain (expires 11/11/08); Caulerpa 715 Bayside finger; 23'x 5' existing survey 7/18/08 (expires Hall, Gregson Drive L-shaped foot lobe gangway 2-12" piles 10/16/08 Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC - 031 -06 the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the proposed dock projects listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2009 and that all authorized work must be completed prior to that date. Finally, please note there are ongoing obligations relative to water quality protection established in the authorization which must be implemented for the entire life of the approved development. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the City of Newport Beach. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you hav7an questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200 Sincerely, /� Karl Schwing O Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION Applicant Name: Project Site Address CITY CHECKLIST 1 01 tl Era; �[M_ voq-�M M 0 Applicant address, phone number Agent name, address, phone number (if applicable) Project site address Assessor's parcel number Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) Type of construction material used (concrete, wood, steel etc...): Scaled drawings (plan view and cross sectional view) ® Site address ® Location within the Harbor ® Location and dimensions of existing dock structure ® Location and dimensions of proposed dock structure ® Location and dimensions of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 Eelgrass Survey ® Survey for presence of eelgrass within 30' of the entire project area ❑ Yes ® No Eelgrass within 15' of entire project area. Project not permitted. ❑ If any eelgrass is located greater than 15' from the project area, then no further monitoring required. ® Caulerpa Survey ® Survey for Caulerpa within 30' of the project area �I Project is over (check one box): ® City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area ® Completed Worksheet for Building/ Fire Permit Application and proof of payment of Building Department fees Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application ® AIC -City approved Approval in Concept �EwraRTHARBOR RESOURCES DIVISION 1 err, 829 Harbor Island Drive Newport Beach, CA 92660 F' (949) 718-1844 Fax (949) 723-0589 c��IFog?'•� "F www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 23, 2009 Print Form v.12-14-06 This Permit applies to residential dock construction projects only and includes pier, gangway, float and pile repair / replacement. Bulkhead work is not permitted under this Permit. Applicant Name, Address, Phone Number: I Bill Craig Phone: (949) 412-1100 25 Balboa Coves Newport Beach, CA 92663 Agent Name, Address, Phone Number (if applicable): Swift Slip Dock and Pier Builders, Inc. Phone (949) 631-3221 2027 Placentia Ave Costa Mesa, CA 92627 Project Site Address: 125 Balboa Coves Newport Beach Project Site: Longitude: -117.93253 Assessor's Parcel Number: 42304103 Latitude: 33.62767 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): gthen existing floating dock 20' for a total of 40'X 8' 3 concrete guide pile Regional General Permit 54 Dock Construction Application Page 2 Tvne of Construction Material Used (concrete, wood, steel including any chemical treatment etc...): Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. FX Scaled drawings of the project (plan view and cross sectional view) r, Site address Fx-, Location within the Harbor Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) FX- Location and physical dimensions of proposed dock structure (float, pier, gangway, pile and bulkhead) FX- Location and physical dimensions of existing dock structures on adjacent properties FX- Location of Bulkhead, Pierhead and Project Lines (X Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass FX- Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area UZ Project is over (check one box): X City Tidelands F- County Tidelands (State Lands Commission Dredge Lease Approval) F If applicable, check one box: F- The Irvine Company owner's approved area F- Bay Island owner's approved area r Dover Shores owner's approved area F Linda Isle owner's approved area Regional General Permit 54 Dock Construction Application Page 3 FX Completed Worksheet for Building / Fire Permit Application and proof of payment of Building Department fees F Check for $60 made payable to Santa Ana Regional Water Quality Control Board I, I.Jennifer Beserra for Swift Slip I (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Regional General Permit 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the 1" Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. and / 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 Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Add 20'X 8' section of float to existing float. Install 3-12" pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 25 Balboa Coves Legal Description: Harbor Permit Number: 1011-25 Plan Check Number: 0573-2008 Applicant: Bill Craig Applicant's Mailing Address: 25 Balboa Coves, Newport Beach, CA 92663 Phone Number: 949 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources April 2, 2008 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 10/07/2008 10:24 9496313122 Oct 08 08 09:43a Bill Craig 10/03/2006 10:34 9496313122 October 1, 2008 SWIFTSLIPDOCKPIER �'iti7V f J:J:J.7L SWIFTELiPDOCKPIER HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, OA 92880 (949) 644-3034 f Fax (949) 723-0589 Special; Conditions Property Address: 25 Balboa Coves PAGE 01/02 V L PAUGE B2/B3 With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions wTli now be in effect: 7_ The project proponent is aware of the Harbor Perini[ Policies (Courrc;il Policy H-1) and Tide 17 of the City of Newport Beach Municipal Code_ The project proponent understands that the above referenced structure(s) is under Lhes purview of these Policies and Codes, 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Puilyrling and work considerred to be cosmetic in nature does not require a perrmlt. 3_ The conditions set forth In tats docu hent pertain to the pruopsed dock ays%m and/or bulkhead under consideration. Any future modificaEion& or alterations to tho dodr, system andfor bulkhead may requim rww t;orrdltlons which may override or change thane conditions, These conditions sup4irsede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, garrgway and float- Patio furniture. plants eic...are not permitted. 5. In accordance Wth Municipal Code 10,08,030 A. the project proponent shall obtain the proper pemn4fs for equipment and materials storage. "Except as otherwise provided in this section, no person snap use any punlic street, slc>iewalK, alley or pdrkwdy or oti.Ter public property for the purpose of stDring or displaying any equipment, materials or merchandise, or any othor eommeruieil purpose. B. Public atreets, cidewelk:�, allay-..., or pi dKLmay3 may be u ae for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: —For the ternporary storage of con!Ftrtiction equipment or material provided a permit is issued pursuant to Chapter 12.62of this Code and the storage is conslstcnt with provisions of the Uniform Building Code-" 6. The project shall be implemented in conformance with the Local Cowl Program - Coastal Land Use flan. Pago 7 of 2 10/0712008 10:24 9496313122 SWIFTSLIPDOCKPIER PAGE 02/02 X -/UL W Vu VIZ. -FTU Will vlgli, a/T/VIVVVJL r.Il! 10/03120DO 10:34 9496313122 SWIFTSLIPDOCKPIER PAGE 93/03 7. In occordanGe with Municipal Cool* 10.25.040 the following noise regulations apply: "A - Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, damolition, painting, plastefing or any other routed building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any wockday except between the hours flf seven a.m. and six -thirty p.m,, nor an any Saturday except between the hours of eight a.m. and six p.m. S. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, palntfng, plastehng or any other raWed building artW, operate any tool, equipment or 'machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sen,%Mvity who works or resides in the vicinity, on any Sunday or anyfederal horiday_" 8. Your side property limes extend in the water along their same bearing. Vessels shall not oncrooch supon the neighbor's property on either side. 9, Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa 10f -7/OS Date Print Mame Date Joint Pier Applicant Signature (if applicable) Print Name late Pogo 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 1, 2008 Property Address: 25 Balboa Coves With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 A NO H 0 NEl- POST E :EACH CITY OF NEWPORT BERCH r. BAY p�CI BALBOA O�e�N PIER h� VICINITY MRP goer MY, mffam / EEL GRASS INSPECTION ❑ Eelgrass within 15' of project ❑ Eelgrass within 15 - 30' of project )j No gelgrrass in project area Signature 3�c,/o$ 11.00 Inspection Date & Time 7? OR NT O BAY WEST i JETTY ` PROF I LE 1' = 40' EAST SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE JETTY ELEVATIONS BASED ON MEAN LOWER LOW WATER. f C- r C. A J ,/0 4`t `t�' �'i 5`� ''' i c) ,A�: �� �� jj 3-12 �, 1.)i Ie- HARBOR RESOURCES DIV, CITY OF NEWPORT 27 PLANNII�IV 1',`�� 40' APPLICANT'S NAME 64;q EJOBADDRESS Z5- -eA ZA0 4 CMeA DATE 7T Cii BL BL Pi( Ee Ee Ee Ee Me I M( Ce SM Cr E-1 cil Fir Lit �x %5�%�� Odz 5 Every reason, the accuracy City of Newpc agents di3CIai relating to an) GIS database to constant cl- completeness http://www6.city.newport-beach.ca.us/serviet/com.esri.esrimap.Esrimap?ServiceNom... 1/31/2008 Worksheet for wilding combo Kermit Application ,City of Newport Beach - Building Departme Please print 3 copies 'PARBOR RE! K. -Building r7.-. Grading F--...-Dra - inage [7, Elec Mec 1 VVFrNN 1. Project Address (Not mailing address) Tenant Name(if Applicable) .2. Description of Work A Exist House SF .... ..... ...... i ............... ................... ......... .................................. ..... Demo House SF Add/Reconstruct House SF Exist Gar SF Demo Garage SF Add/Recdnstruct Garage SF .................................................. New f—.'- Add Alter Demo ZL-71IDS TOTAL HOUSE SIF TOTAL GARAGE SF uitd # Units (if Residential) F Use i �941r/706..Kll Valuation $ .............. ............ Cu Yd Cut Cu Yd Fill # Stories ........................ : Check Appropriate Box for Applicant 17 3. Owner's Name. Last First I .................... ............... "..? ...................... ............. it ........................ Owner's Address Owner's E-mail Address ..................................................................................................................................................................................................... ................... . ....................................................... ..................... ..... .............................................. State Zip Telephone city .................................... .......... .............. - .................... ............................................. . 17 4. Architect/Designer's Name Last First Lic. No. .............................................................................................. ............................................. ................. Architect/Designer's Address Architect/Designer's E-mail Address . . ...................................................... a . ......... .... .. ...... . ... ... ....... . . ...... .. ... . ..... .. ... . .. .... .......... ........ .. City State Zip Telephone ............. F - - 7, ............... .......................... F7 5. Engineer's Name Engineer's Address City Last I 5A T (/1,14 - First ............ 11-11 . ......... i....................... I ............ : Lic. No. VfWllc--,� //0 v,1'?7R7--Tdgineer's E-mail Address ................................................ ............. ......................................... ................................ State Zip Telephone5v ............................................ ... . ................................... .......... I ........ ........... �1 .............. ; L OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C -73�5p .�ECK FEE $ MAR 2 5 ?"i'103 INSPECTION FORM -4 /10'c6 Harbor Resources Department Date: Inspection Requested By:JQ Inspector: Don Duffy Pier Address: 2� � boo_ocw Gj Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments �Eelgrass Dat � 14 Time v© Eelgrass Within 15' of Project ZEE rass Within 15'-30'of Project elgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request CM OF NEWPORT BEACH CITY OF NEWPORT BEACH�11 IST NEWPORT O BRY VICINITY MRP NNW MY, Muwo BRY f#4 PROFILE 1' = 40' ERST JETTY SOUNDING& ARE EXPRESSED IN FEET FIND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. x C i zo'Xw' F104 --f Se4lc)A- 3 NeiV 12'Flo ;ale - Map Output Page 1 of 1 http://www6. city.newport-beach.ca.uslservleticom.esri. esrimap.Esrimap?ServiceName=n... 03/04/2008 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: March 15, 2008 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: (address or common reference) #25 Balboa Coves Site Coordinates: (UTM, LatAong., datum, N 33 37.214' accuracy level, and an W 117 56.033' electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Mark Sites 949 675-1071 Personnel Conducting Survey (if other than above): (name, phone, e-mail) same Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) ACOE RGP #54 Is this the first or second survey for thisro'ect? First Was Cauterpa Detected?: (if Caulerpa is Yes, Caulerpa was found at this site and found, please immediately contact NOAA Fisheries or has been contacted on date. CDFG personnel identified above) XXXXX No, Caulerpa was not found at this site. Description of Permitted Work: (describe briefly the Add 20' X 8' section to existing float. Install 3 new 12" pile. work to be conducted at the site under the permits identified above) Description of Site: Depth range: +2' to -7' MLLW (describe the physical and Substrate type: Sand to mud over sand biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 65 F Salinity: NA Dominant flora: provide units for all numerical None information). Dominant fauna: Jellyfish (I 00's!) , mussels on pile and floats Exotic species encountered (including any other Caulerpa None species): Other site description notes: None Description of Survey Survey date and Effort: time period.- 1305 to 1330 March 14, 2008 (please describe the surveys Horizontal conducted including type of visibility in water: 5' survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density Survey type and methods: Surveillance level SCUBA survey with four transects parallel to bulkhead (estimated percentage of the bottom actually viewed). Describe any limitations Survey personnel: encountered during the Mark Sites survey efforts. Survey density: Over 60% Survey limitations: None Other Information: (use this space to provide +0.4' flood tide additional information or references to attached maps, reports, etc.) Drawing and aerial attached Caulerpa Survey Reporting Form (version 1.2, 10/31/04) 02/28.'2008 17:40 949E313122 U TY OF 14EWPO T SESCH CITY OF Nbow am .�-p ►x.twVkr�l SORT W I SWIP TSUPL OC'kPIEP ,1 1 PROFILE it =40" 501mrw w- EXTcSEm ill F'aT Fm 11'E EUVW10% ON MEPP LOWER LOW WnTER. r nye w LQ'X$° 3 "V r v I2''�rr le pLAN^'-0 1 401 303 RWRESS 7-a' 3A �Q- �_.......,. ci'�^� V l� � � / '•' /` iii r •[J ' ; t � ll' `�) ' L -_ 1 " // ', rl�O /C_11JC-'-- Lam, _ _ � • J _ SAI F-z3-�- t-� jm- M It 40 ,' \� 1 \ Y y�•r V I too OD � ..�� o,� � e � s��_s�y � ���J ill • �, � a N 4� � w CALIFORNIA COASTAL COMMISSION l South Coast Area Office 200 Oceangate, Suite 1000 I Long Beach, CA 90802-4302 (562) 590-5071 March 26, 2002 Mr. Tony Melum Division of Harbor Resources City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282 & Conformance with Consistency Certification CC -078-99 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC -078-99 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal? Yes/No Beach Disposal Qty' dS3) Ocean Disposal? (Yes/No Ocean Disposal QtY2 (yds3 Cumulative Tota13 for 2002 11011-25 25 Balboa Coves Yes 95 No 0 175-720 720 Via Lido Yes 95 No 0 109- 01 180 av Avenue Ye 9 o 1 5-5 532 Via Lido Nor Yes 125 No Total 1 n mr, 0 1305 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certification CC -078-99 and that no further federal consistency review is necessary from the Commission for the dredging component of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1, 2, and 3 of Coastal Development Permit 5-99-282. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and/or CDP 5-99-282. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and/or CDP 5-99-282 is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincer arl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event 2 Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event 3 Not to Exceed 20,000 cubic yards per year REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 City of Newport, Harbor Resources Attention: Tony Melum, Director 3300 Newport Harbor Blvd PO Box 1768 Newport Beach, California 92658 Dear Mr. Melum: May 21, 2002 This is in reply to your applications dated March1Newport5,, 2002, fB De artment of the Newport Beach, Orange Permits to conduct maintenance dreding, per RGP 54 County, Califon -dna- This letter authorizes maintenance dredging at eight sites within Newport Bay (see below). USACE City Site Address Cubic Yards Square Feet Beach Disposal Ocean Disposal Base # Harbor (est.) Permit # j 175-532 532 Via Lido Nord 125 1350 Yes — supratidal No I200200900 zone J 200200901 1011-2t25Balboa Coves 95 1200_ Yes — supratidal No zone 220 2550 220 cy 0 Cy Total u have provided, the Corps of Engineers has determined that Based on the information yoRegional your dredging activities comply with the withrm the general per s and cf ditions of RGP No. 54, an (RGP) No. 54. As long as you comply g individual permit will not be required. This letter of verification is valid until July 24, 2005, -2 - when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Cori Farrar of my staff at (213) 452-3296. Sincerely, i Mark Durha Chief, South Coast Section Regulatory Branch Enclosure cc: Mr. Karl Schwing, California Coastal Commission, South Coast Area Office Mr. James Raives, California Coastal Commission, Federal Consistency Office POST DREDGING COMPLETION .REPORT The oernuttee shall send one (1) copy of the post -dredging report for tact, CoMpluled jildividu, l dyed : g project to the Corps and the CCC documenting compliance with ,all l;c nc raj ,11th conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this hermit. I I,)" post -dredging report shall include the following information for the c omplc wd in,liviclLill( dred##ng project: 1. Prost Number: 1011-25 2, 54art Date: 8/7/02 Completion Date: 8 8 02 3. T$W dredged material to Beach: 95 cubic yards _ to Sea (LA3): - 4. bode of dredging and transportation, and method and frequency _of disposal Hydraulic suction transported through a i elipe onto adjacent beach. 5• -ug or other vessel logs documenting contact with USCG MSO Long Beach betforc, c arh trip *the LA -3 ocean disposal site. Contact: Yes X No; 6. )Dorm of dredged material: Slurry X : Cohesive 7. Procedure and location where the disposal barge or scc,w wcts No washing necessary. 8. A certified report from the dredging site inspector and the captain of any cul; or ulhc r v< ti.�t l u#ed to transport and dispose of dredged material at LA -3 indicating all general and tihc c i, l p*rmit conditions were met. Any violations of the permit shall be explained in dt-(oil * conditioning permits were met: Yes X No 9. Pbbt-project surveys of Eelgrass beds potentially affected by the circ.�It;ink': Not necessary as no eelgrass was identified in dredging area. 10. The post -dredging report shall be signed by a duly authorized repre50J1 tuivc of tl,,, pOrmittee. The permittee's representative shall make the following certification: 1 oertify under penalty of Tato that this document and all aftachtnents were preparett mints mil #rction or supervision in accordancewith a 6ysfem designed to ertsurc that 47MI116(-41 11e-P-1111i•l properly gather and evaluate the information submitted. Based on rtty inquiry of rlrr 111 c;orr pdrsons who manage the system, or those directly responsible for gntherin� tlrr itr;urtrr,rthtu,, t!1)• i"Armation submitted is, to the best of rrty knowledge and belief, trite, ac`i:tn•rrtc•, 10111 1,01111,11C rr' !,1111 a"re that there are significant penalties for submitting false inforr,rntion, tncludi,rl; r MN." //?I 1i I I/ f*e and imprisonment/Fir knowing violations. V l •i' �?1lalLlC�' t' Y RMIT NO. DREDGING APPLICATION Project Location: 25 Balboa Coves, Newport Beach ,� South EIVED Latitude/ Longitude: N 3 3 3 7 13 .5 W 117 5 6 0 8.4 _ as t Region Cubic Yards to be Dredged: 95 cubic yards Method of Dredging: hydraulic suction �NlA AC cOMMISS1pN Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: Pump onto adjacent beach J Method of Material Disposition. pipeline Effect of Dredging on Contiguous Bulkheading and Beaches and reinforces bulkhead Will schedule when we receive permit. Project Begins: Project Ends: restores beach I, Lorenzo C. Miller (Applicant/Applicant's agent), hereby certify that I havc rea,i the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City ham -Jess from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, l,as the applicant shall reimburse the City of Newport Beach for all attorney's fees and other casts expended by them in defending any claim, lawsuit, or judgement arising out of the activities of the applicant carried on under the authority of such permit. Gary Brubaker Applicant - Please Print March 15, 2002 Date Shellmaker Inc. _ Contractor--1please Print Signed:`, ..... . Applican Agent %DATE f 9/17/96- Mr .':Gary Brubaker if you are the owner,, and not PORT ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 FO FNP September 6,1996 Mr. Erik A. Luchs 25 Balboa Coves Newport Beac.'a, CA 92663 Re: Pier Permit No. RP0110251 Dear Mr. Luchs: The Finance Department has notified the Marine Environmental Division that the fees for the annual pier permit are unpaid, and that there is currently a balance due of $150.00., The Marine Environmental Division is therefore recommending that the pier permit be revoked. Section 17.24.090 #4 of the Newport Beach Municipal Code, Revocation of Permit: "The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which work or structure exists." If you Lave questions in this regards please call me at 644-3043. Sincerely, il,410 Wes Armand Harbor Inspector p Marine Environmental Division w 3300 Newport Boulevard, Newport Beach SEW PO ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C,9</ Fp RNP April 26, 1996 Burrow Escrow 4482 Barranca Parkway, Ste. 195 Irvine, Ca. 92714 Re: Harbor Permit 1011-0025-1 for 25 Balboa Coves, Newport Beach Dear Sirs: The City of Newport Beach Marine Department has received a request to inspect the property -located at 25 Balboa Coves, Newport Beach. The facility was inspected on April 26, 1995. We cannot transfer the pier permit until the following deficiency has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. The electrical outlet on the dock must be GFI or twist lock receptacle for use in a water environment. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified, the structure will again be inspected and when the requirements have been met the pier permit will be transferred. You can telephone 714-644-3044 structure. i Sincerely Harbor Inspector to request a/reinspection of the 3300 Newport Boulevard, Newport Beach HP -UX dpG50 A.09.04 D 9000/887 (ttyp8) login: wes Password: Please wait... checking for disk quotas (c)Copyright 1983-1993 Hewlett-Packard Co., All Rights Reserved. (c)Copyright 1979, 1980, 1983, 1985-1990 The Regents of the Univ. of Californ (c)Copyright 1980, 1984, 1986 Unix System Laboratories, Inc. (c)Copyright 1986-1992 Sun Microsystems, Inc. ----------------------------------------------------------------------------- CITY OF NEWPORT BEACH PEI - GOVERNMENTAL RESOURCE SERIE ----------------------------------------------------------------------------- DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS 11/07/ BUSINESS NUMBER RP01100251 TOTAL DUE 0.00 BUSINESS NAME LUCHS, ERIK A SERVICE ADDRESS 25 BALBOA COVES APT NEWPORT BEACH, CA ZIP 92663 BILLING ADDRESS 25 BALBOA COVES CYCLE A TAX Y PENALTY PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92663-3226 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID RES 1996-02 02/01/96 75.00 75.00 09/24/96 RES 1995-02 02/13/95 70.00 70.00 02/27/95 RES 1994-02 02/05/94 65.00 65.00 03/14/98 PRESS ESCAPE FOR NEXT SCREEN BUYERS' NAME(S) - - - -_ - ADDRESS OF FACILITY:,, - MAI p25 w ' ,'? PERMIT # �R 25 TELEPHftiban4 N0. - FEE 4,00;I CHECK NO. DATE � APPROVED BY: - • I DATE.. APPLICATIONIS HEREBY MADE' + �.4 lv ❑ .r 70 TRANSFER HARBOR PERMIT � OCHD Ct '� ENG SE 1 rftft - ,pnmels/ BUYER NAMES) 'COUNCIL El (ABOVE NAMES TO BE TYPED) i �j, ,� { PUBLIC. WQRK$ L I— �.,.�.._- -- f.•,'" >.. �, CITY OF NEWPORT BEACH, CALIF. _ - WX FORM 084013 RM, May 2, 1995 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Burrow Escrow 4482 Barranca Parkway, Ste.195 Irvine, Ca. 92714 Re: Harbor Permit 1011-0625-1 for 25 Balboa Coves, Newport Beach Escrow # 10877DM Dear Sirs: Regarding a pier permit transfer for the property located at 25 Balboa Coves, the structure was inspected on May 2, 1995, at which time it was determined that it conforms to City standards. The permit willbe tr fered to Gary and Carolyn Brubaker. ere Te'dS d Harbor Inspector' 3300 Newport Boulevard, Newport Beach SNW PO m '�<ir-oaN P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 17, 1994 Erik Luchs 25 Balboa Coves Newport Beach, Ca. 92663-3226 Re: Transfer of Pier Permit # 1011-0025-1 Dear Mr. Luchs: In a review of pier permit transfers that have not been finalized, it has come to the attention to the Marine Department that the transfer of the permit #1011-5, for the pier and dock bayward from 25 Balboa Coves, can't be done until the application card has been signed and returned to this office with the $300 transfer fee. Please fill out the card and return it to this office at your earliest convenience. If you need to additional information regarding this matter, please call 714-644-3044. Sincerely,,,---, �Wes Armand Marine Department` 3300 Newport Boulevard, Newport Beach DAre Ti ME: LLOO FOR —L 7WHILE YOU WERE.. OUT OF PHONE NO. , EXT. TELEPHONED RETURNED YOUR CALL PLEASE CALL CAME IN TO SEE YOU WILL CALL AGAIN URGENT MES//SgGE a �( Ronda Mein Bus : (714) 673-3777 Res : (714) 646-7212 CANNERY VILLAGE REALTY INC. 2025 W. BALBOA BLVD. • NEWPORT BEACH, CA 92663 Financial pnvat Cllcl" rou!' 2670 N.%laln St. o �1 Santa Ana, Ca]iFcrn�a 71/1836 3130 714 547 7272 FAX 714 836 3180 ErikA. Luchs Financial Consultant . Private Client Group Merrill Lynch 2670 N. Main St. Santa Ana, California 92701 714 836 3130 714.547 7272 FAX 714;836 3180 a !4Q Bank ate. of Newport September 6, 1974 City of Newport Beach 3300 Newport Boulevard Newport Beach, California Attention: Marine Safety Department Re: Escrow no. 2143 #25 Balboa Coves, Newport Beach Gentlemen: In connection with the above numbered escrow which closed this date you will find enclosed our check im the amount of $100.00 representing your transfer fee and Transfer application card. Please transfer harbor permit and so notify Mr. Garber. we we holding in escrow funds funds for anti -siphon device as required by your office. Sincerely, aeZRu Escrow Department DOVER AT SIXTEENTH STREET • NEWPORT BEACH, CALIFORNIA 92660.645-5333 STATUS SHEET HARBOR PERMITS TRANSFER Location `�' `�-jam P IZQ Date Application Received Oral Request for Inspection Escrow C0 /3 A Permit # /0//— Z-�5� Fee Recd Date T-1- %<Z- k-27-41-Date <Z- k27-41-Date Inspection Made Date Deficiency Letter Sent (if applicable)(4,-C Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed /�7r1G�70r /'�i�iCs 'Z �'d OSCd Bk,�o"F/oa� NtwroOr �'P ,- a Nr P/FR / SL qNL VICINITY SKETCH w Jerry 1 b 1 i�rrr NEWPORT- BAY CALIGOrzrvIA 1 ^ 60,6 pNiE" C L—ILCr w .��D�'/L E Sound.:�9s ore E r/�ress ad /n <Ee t ono dsnote is 2.0 dowMs be/ow ",-c7r7 Lowar !ow Wo ter . YloxrMun ,--RAPHrG SCALE -range -ot tide oPProx/.Note/y /o meet. Horbor /ine IFi Fear - .ore estbb/shed in this SeCl/on Or New,00rY Boy. Q � J •. Z S/o6 c ✓Pp � - � O i0 20 30 4p \\ 2(1\ =>4 A ' ry 3x �.: 6A Y c 4'099 36e6. NcwQ�LPr BEAGy, CAL/F '9�i°/,�. by : mr-o/o�soorl�es ti �'/oaf X66 2. /5 l34/haa Ca�eS rdEMP0,24