HomeMy WebLinkAbout1011-0027QC
0❑0
0 13
0 0 0
0 6
w 00
q
NA Z
0 0
E3 o 0
vim❑
ci❑
A
t
a c
0 0 C
0 0
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
1. Applicant (Property Owner) Add
2. Project Address (Street Address)
3. New Construction
4. Fee 3�/
Revision
Check No. �y 7
5. Brief Description of Proposed Work:
e
Harbor Permit Number
Maintenance kl_� Dredging
Date 5
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties. .
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11).Drawing size shall be 8 - 1/2" x 11".
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New woX shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed (on rg se sig,.of this sheet)
8. Applicant's/Agent's Signature: Date:
Joint Permittee Signature (If applicable): . d/ Date:
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept.
Date
Approval of the City of Newport Beach Council
Date
Approval of the Army Corps of Engineers
Date
Approval of the California Coastal Commission.
Date
Approval of the City's Public Works Department.
Date
V'_ Approval of the City's Building Department.
Date
Approval of County of Orange.
Date
Electrical and/or plumbing permit (Building Department)
Date
Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -Inspection
Date
Conditions:
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to an owner of property who
builds or improves thereon, and who does such work himself or through his own employees,
provided that such improvements are not intended or offered for sale. If, however, the
build'' or improvement is sold within one year of completion, the owner -builder will have
the b rden of proving that he did not build or improve for the purpose of sale).
I, as owner of the property, am exclusively contracting with licensed contractors to
ct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
doe not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such projects with a
Contractor(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. -—I�, of Business and Professional Code for this reason:
Owner's Signature:
Contractor:
Address:
License class:
State Board No.
License Contractor's Declaration
Date:
Telephone: ) q6-5 - Z Z �
City License No.
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature Date:
. ®/
`
\\\ -
§ G
j ! G{!!{f{
!
eORT gF9
June 10, 1999
Brook Bentley
27 Balboa Coves
Newport Beach, Ca
Re: Harbor Permit Application
Dear Brook:
My package to you containing your application and check was returned to me
since I mailed it to the address on your check (1851 Port Westbourne PI). It
doesn't matter since, following our recent conversation, I asked you to return it
to me.
As discussed, we will attach the Fire and Marine Department stamp to the
plans you submit to the Building Department and keep the ones in our
possession with your file in this office.
If you require additional information in regards to this matter, call 949-644-
3043.
Sincerely,
Wes Armand
Fire and Marine Environmental Management
June 3, 1999
Brooke Bentley
27 Balboa Coves
Newport Beach, Ca 92663
Re: Harbor Permit Application
Dear Mr. Bentley:
The Marine Environmental Management Division has reviewed your
application for construction of a cantilevered deck at 27 Balboa Coves. To
process your application we must determined, with your assistance, whether
the proposed deck would be over private property or Balboa Coves Association
property. If it is over association property a five-foot set back is required from
the side property boundary lines. If the deck would be over private property
then the five-foot set back is not required.
This is the initial permit for construction over tidelands at 27 Balboa Coves;
therefore, the fee for new construction is $720. I have returned your check for
$351 with your application. Please resubmit your application once you have
the above requested information and a check for $720.
If you require additional information in regards to this matter, call 949-644-
3043
Sincerely,
Wes Armand
Harbor Inspector
Cc: Tony Melum
O
o
o �� o f
�
Y�
❑
❑
ry ryl
N
0
❑
❑
W
❑
f cv
ui
lu
L�
❑
❑
om
m
❑ic
yC
❑
N❑
m n
Z❑
y' p
z
L 0
❑
flL
❑
ry
❑
o °'
°I
V
❑
❑
z
pQ3[
p❑
E-
❑
❑
❑
In K lY
7
O1
L
QI
i
vY
c N
a p
U
a�
m a
3 c
rnQE
zU
N
�
blp�
u'Sm3
WD+
�tpQ
N
a�
❑ ❑ ❑
9 RR
N 9 Q
Q19��
a
❑ � v ❑ s a ❑
Z
oEe ❑ ❑
�N❑
R
u
�-�
F
❑ t
❑ Ul N;❑
_c ❑ m m ❑ �8 ❑
❑ ❑ ry Z ❑
r ❑ ❑ °
i
FF
d$g {§§
9 I'f�i�did'
Is o!o
? i iiig i
'
gwg
G
v
N
i
main
a l�
e
a
e I in
s�s, ry
. ""'°s� 00 �
.,Llo/
�09 �
2ARTIAL
27 BALBOA COVES LOT 19
NEWPORT BEACH, GA, FD. 3/4' I.P.
LOT 20
FD. 2' I.P.
FD. N $. TAG
PROPERTY LOT 21
LINE
i
DE AIL 'A J�
LOT 22
FD. 1' I.P.
LC T 23 n o�
LOT
24 T_i40.00' 300E \-
FD. N TAG
qs8
4 I N .4=36'5212' O
fL-20.00'
?e 00,
FD. N TAG J
P
to PROPERTY L T
Q?
LINE
13
z PROPERTY LOT 28
rn N LINE LOT ::
Z
OT 25 LOT 7�✓n
' IV
27
0
1 ul
oo'
> ®
�- vv WIALL Ggl CGRETE 6�pJ1�a
Ad'
rn ON 2 x4 TA Ogg = 04'1-9 R = 8 .00'
L=6.04'
TING
LE END: 7.19 ` `�'°g BUISKHEAD �A�yg ay
_ WALL 0
F
FD. NOTED N� No.
El SE TACKED 1'x2'xi2' HUB �L��° WATERWAY LINE RCE 317�0 m
W ° A EXP. 12/31/7000 f71
r O S °
CHISLED W �. S N
/ YT �iv1'` .a
FOF �4
-
[
0 :
!| G
..�;
{
§
/);i}
_ m
--
§ ) \{ l2.zi�.l•!.i
El �G!!�}:}\I
:!
_
}
;)
Q�
a'w
❑ ❑ 0
m ❑ ❑IA
,1 1;1
a$$
$
7
„Ind
1
F
°m
C
❑ ❑ ❑
£
zJ.
u^ ❑ W❑ V^ N❑
ize ❑ W ❑$m ❑
v 2
t
tw :
�-�
^ ❑ ❑ i ❑
❑ ❑ z ° ❑
f
iIP
! FF
I
M °
gg LL
G
L
r-
0 3
u'f o z z u'f z
a3 �,
E
�o
/
Q
Fa
Iy
I I
I i
IiTz � I
I
Q-�-1
California Regional Water Quality Control Board
Santa Ana Region
vi iCe Address: P' ie: (90v9) 782-4 i 3v
3737 Main Street, Suite 500 Fax: (909) 781-6288
Riverside, CA 92501-3348 http://www.swrcb.ca.gov/rwgcb8
--
401 Coordinator: Adam Fischer (909) 320-6363
Instructions: Provide all information on the form that applies to your project. Filling out this form is not
-`
}
required; a cover letter that includes this information is acceptable (including all the information described
in this form will expedite the processing of your request). An electronic copy of this form in Word97/2000
=
or PDF is available at the following website: www.sAtrcb.ca.izov/mqcb8/html/40 I.html. Attach additional
sheets as necessary. An incomplete application will delay the processing or receipt of the 401
certification.
~—
APPLICANT
Name hY-1 S K I,2Y
1`
_
Title resc,,"Cep S( C/✓ISt?✓
i
Company ��` iy 0� N wQG�(t B ch HQYbGY Lei
3
I
Address O G Z 9 H GY boy' _rSland pY ,
City/State/Zip Code N ewVV(7 } �a� h Cm % 2 6U
Telephone Number 6 y y_
r
-= -
t
Fax Number 7Z_- 0ls3
J
'
E-mail Address CC>1���ev `��-1y.hew�GVj-beack., Cq US
AGENT (consultant)*
a
Name
Title
Company
f
n - -'
Address
�u
r ' )Z
j =�
City/State/Zip Code
Telephone Number
r'
Fax Number
E-mail Address
*Complete only if applicable
PROJECT DESCRIPTION (See "Instructions for Filling Out the Water Quality Standards Certification Application" for
types of information needed). Also, please refer to "Contents of a Complete Section 401 Certification Application"
for any clarification on items required.
Project Title: 2(o G alba-ci Coves M;nc,/ Grpaic2:n)
Purpose/Goal: SCCe AftacIed Cofpss. Ap,2I iCa+,on
Project Activities:
Is the fill/excavation or dredge activity for which 401 certification is sought part of a larger plan of
development?
yes Y—no
Proposed Schedule for fill/excavation or dredging activity (ies) (start-up, duration, and completion dates):
1- IS- 0_ v►par) Caterncy GrerounI
If fill/excavation or dredge activity is plan of development, proposed schedule for that larger development
(start-up, duration, and completion dates):
Project location (If fill/excavation or dredge activity is part of a plan of development, a map of suitable
quality and detail of the entire project site should be included):
City or Area N evupo f } 6 ea c �, County0 ra n.g e
Longitude/Latitude N 33O 3 `�_ 2 3i O '� W III S �6 Oy )
Township/Range/Section/Quadrangle
Total size of area to be impacted by fill/excavation or dredge activity
acres ' 60 linear feet (if appropriate)
Total size of entire project area (including larger plan of development, where applicable):
acres "300�' linear feet (if appropriate)
Please attach a hydrology report detailing the pre- and post -construction (Q10 and Qloo) if your project is a
development.
RECEIVING WATER*
Name of Affected Water body(ies) and type(s) of receiving water body(ies)
Newpoti hatbae
Is receiving water(s) within the San Jacinto Watershed? yes no
Major Tributary(ies)
*As listed in the Water Quality Control Plan, Santa Ana Region (Basin Plan). For unlisted waters, the major named
tributary(ies) must be identified.
2
FILL/EXCAVATED* AREA See p h a c h e d
Indicate in ACRES and LINEAR FEET (where appropriate) the proposed waters of the United States to be
impacted, and identify the impact(s) as permanent and/or temporary for each water body type listed below:
Wetland acres of permanent acres of temporary impact
linear feet of permanent linear feet of temporary impact
Riparian acres of permanent
acres of temporary impact
linear feet of permanent
linear feet of temporary impact
Streambed acres of permanent
acres of temporary impact
linear feet of permanent
linear feet of temporary impact
Lake acres of permanent
acres of temporary impact
linear feet of permanent
linear feet of temporary impact
Ocean acres of permanent, acres of temporary impact
linear feet of permanent linear feet of temporary impact
Indicate type(s) of material proposed to be discharged in waters of the United States:
DREDGE VOLUME
Indicate in CUBIC YARDS the proposed waters of the United States to be impacted.
2,13 cubic yards
Indicate type(s) of material proposed to be discharged in waters of the United States:
Sandv
Note: Dredging generally includes removing sediment in deeper water to increase the depth. Impacts to
beneficial uses are best described by the volume of sediment discharged. Dredging typically occurs to
facilitate navigation and for aggregate extraction in marine waters.
3
FEDERAL PERMIT
File No.(s) (if ]mown)
Individual - list Corps control number
Nationwide — list permit number
TSO
Does the project require any other Federal Application(s), Notification(s) or Correspondence?
yes (attach copy(ies)) _X_ no (attach detailed explanation)
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Indicate CEQA document (submit final or draft copy if available*) and Lead Agency:
Has the document been certified/approved, or has a Notice of Exemption been filed?
If yes, date of approval/filing:
If no, expected approval/filing date:
If exempt, list section that applies (cite code) and explain exemption:
* Note: ample time must be provided to the Regional Board to properly review a final cony of valid CEQA
documentation before certification can occur.
THREATENED OR ENDANGERED SPECIES
Please list the expected impacts and species
N Ip
Is the project within the Stephens' Kangaroo Rat fee area? yes no
Is a Section 7 or 10 Consultation with the U.S. Fish and
Wildlife Service necessary? yes no
Has the U.S. Fish and Wildlife Service issued a Biological Opinion? yes no
If yes, list date Opinion was issued
4
MITIGATION FOR IMPACTS TO WATER QUALITY STANDARDS
FILL/EXCAVATION AND DREDGE MITIGATION (Indicate in ACRES and LINEAR FEET (where appropriate)
the total quantity of waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of
providing compensatory mitigation and indicate the water body type).
Water Body Type Created Restored Enhanced Preserved
Other proposed compensatory mitigation related to fill/excavation and dredge activities (e.g., mitigation
banks) (omit if not applicable):
How many acres of proposed mitigation area are considered waters of the United States?
Location of compensatory mitigation site(s) (attach map of suitable quality and detail):
City or Area County
Longitude/Latitude Township/Range
Will a mitigation plan be prepared in accordance with the Army Corps of Engineers' guidelines and
submitted to the Regional Board office?
yes no
CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) STREAMBED ALTERATION
AGREEMENT n i /A
Agreement issued yes (attach copy) no
Applying for Agreement yes (attach copy) no
Exempt yes no
If exempt from a Streambed Alteration Agreement, state why
Will groundwater dewatering be necessary? yes no
If so, what is the proposed method of disposal of the dewatered wastewater?
Has an NPDES permit for dewatering discharges to surface waters already been obtained?
yes no
Dewatering permit number
COASTAL DEVELOPMENT PERMIT
Permit issued yes (attach copy) no
Applying for permit yes (attach copy) no
Exempt yes no
If exempt from a Coastal Development Permit, state why
PAST/FUTURE PROPOSALS BY THE APPLICANT
C7
STORM WATER PERMIT STATUS*
Obtained storm water permit yes no
Filed Notice of Intent with the SWRCB yes no date
Prepared Storm Water Pollution Prevention Plan (SWPPP) yes no
If you believe that a Storm Water permit is not necessary, state why
Please list (Best Management Practices) BMPs that will be used to minimize impacts to water quality
standards (i.e., water quality and beneficial uses) during and after construction.
Please discuss BMP maintenance and monitoring activities and duration, including the party(ies) responsible
for long-term maintenance of any BMP installed. If maintenance and monitoring will be provided through
another agency/party, submit a letter from that agency/party demonstrating that an agreement for such long-
term maintenance/monitoring has been or will be reached.
If project is anew development within the San Jacinto Watershed (i.e., coverage under SWRCB's general permit
not obtained prior to January 19, 2001) coverage under Order No. 01-34 "Watershed -wide Waste Discharge
Requirements for Storm Water Discharges Associated with New Developments in the San Jacinto Watershed" is
required. Please visit our website at http://www.swrcb.ca.,aov/rwgcb8/ and click on the "Adopted Orders" button
or go directly to the "Adopted Orders" web page at http://www.swrcb.ca. og v/rwgcb8/html/adopted orders.html
for more information on the Regional Board's Order No. 01-34 "Watershed -wide Waste Discharge Requirements
for Storm Water Discharges Associated with New Developments in the San Jacinto Watershed". To view a map
of the San Jacinto Watershed, please visit http://www.swreb.ca.gov/rwgcb8ihtml/san Jacinto watershed.html.
/_�;h t-li
icant's Signature (or Agent)
Date
1 I ley 10 s
CITY OF 1l EWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, Chi 92660
November 3, 2005
US. Army Corps of Engineers, Regulatory
Attn: Cori Farrar
P.O. Box 532711
Los Angeles, CA 90053-2325
RE: Minor Dredging — 26 & 27 Balboa Coves, Newport Beach
Dear Cori,
Attached is my completed application for minor dredging for 26 & 27 Balboa Coves, per
our earlier discussions.
Thank you for considering this application. Please do not hesitate to contact me if
additional information is required.
Thank you,
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
cmiller a,city.newport-beach.ca.us
Mr-ruGA I IUN FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325) OMB APPROVAL NO. 0710-0003
Expires December 31, 2004
The public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should
require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdic-
tion over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and
Sanctuaries Act, Section 103, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided, the permit application cannot be processed nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
BE
5. APPLICANTS NAME
&CIC6, haybor j�e�a�yce S
c A it
BY
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
n; /A
v rwvn COJ
gZ 9 he y bey, Zs )ant( Dr , 9. AGENT'S ADDRESS
New' ✓� Regch, G11 92660 JVIA
1. AVI-LICANT'S PHONE NUMBERS WITH AREA CODE
10. AGENT'S PHONE NUMBERS WITH AREA CODE
a. Residence C✓ in1 Ilev GI�y, new�cv}-�iuGR1 _CG-I/
b. Business C 91/ C? ) %, 4 y_ Ica `f 3
11
a. Residence N f A
b. Business
STATEMENT OF AUTHORIZATION
I hereby authorize to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
IN /A
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
2% r)c,Iboa Ccyef f`'l,hc, Q✓PciJ'n
13.
"m1 CrIDUU Y, IF KNOWN (if applicable)
Np_wpoyi hayboy
15. LOCATION OF PROJECT
COUNTY STATE
in nr
14. PROJECT STREET ADDRESS (if applicable)
Z 1- 13aIboc., Co>'e5
Nek't;Per4 ►3 Chsoh, Cn Cl 26G 3
— •—• • v�oi.rnr i IUivs, IF KNOWN (see instructions)
'vvesfi Newport Chgrine s, r a9 CC.ve NewpcVA ell. br'- De
17. DIRECTIONS TO THE SITE
f��,1prox- ml'le �z;e>} o+ Ne.I lr+ 13►v�_ ACCes5 aft Lc.�H�,l CJite Hoo�j l�r,
ENG FORM 4345, Jul 97 EDITION OF SEP 94 IS OBSOLETE
(Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
(�fed�e 25 CA c `/ords 4E-rm The
c �YeG{�t'Gf i nY�n } UC�cr iRjGc
Lc V; ! d c ne 76 the Ord;;n ary hijh V.ro fe✓
K'rQSSi;r� [�c,bcc,} �S►�(�5feer. ��4}er�cil wf11 be
CC.'Ve-s.
...LT IS infendt?Li -Picat -?-ii5 b-e CCIn�;,deeed 1-cY (pia}iov)1,,vide # 19-
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Re;nfvYCe a.-protec:'t 'the exis}incq+ b\,ARhec-d,
I2es'idYe Sand To ire beach.
�x r Z n fcr-maticn ProL Je.d
Eel Jrov> 4- Svrver
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
I',e;r) -f-a{ce rt proi'ec+ T41e Ex'is ink b�)icli��d_
(�es'�cre Scn4 To 'fie buL,4),
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
rnos4)y Sanely mafer;-1 70 (See Cm(n S.6e AnWlys;s)
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Rpjyrox- 3Oo square feet
23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a
supplemental list).
VVI it lavn Craicj
�a;�ara Icz11c.�;q
zS 6gUDOo Cove4 253 QSalbea Coies
1�lewrcy�l3each, CFI 92663 Newl oii 13eacb, CA
92663
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DFNIFD
call cYniu
Coastal
COG S-�aI bev.Rrr
fi S-911- 28Z
71�`/�0�
IV��i
Comn,i�S;cn
Ccnsh}�ncyCtr't.
cc- owv-99+C(c-7-oi
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application
is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized
agent of the applicant. /
�ir►C ! /4)) II /3los
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States, knowingly
and willfully falsifies, conceals, or covers up any trick scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
v
0
0
N
C
I I
c
w
0
0
0
N
0
'il
EELGIR.ASS SURVEY REPORT
PHASE 1 LEVEL SURVEY
?6 and '27 Babea Coves, Newpert Beach, CA (Newport l RVI
` eagre€ss: SLR e%ery Rep orting Form
'CVersion F .0, j urte 20, G0G.3)
This form is required to be submitted for any su-vey s conducted for the eeigrass, ZasEera
Maritsa, that are required to be conducted =,,nder federal or state pe—mits and
authorizations issued by the U_S_ Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identLying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work
is follow ng the latest protocols. For fu- her information on these protocols, please
contact: Robert How an, National_ Marinne Fisheries Service, (562) 980-4043, or
William Pamokas, California Department of Fish & Game, (858) 467-4218.
T e UT re, f_�
Site Name: 26-27 Balboa Coves, Ne-,vpor teach, CA
(common reference)
Survey Contact: -Rick Ware, (949) 412-9446, rrvare.c-m@ea _net
E
ference: Coastal Commission and ACOE Permits Pending
rmit No.,
t No.)hic System: Developedr-larbor
y, lagoon, ortataoU- 26-27 Balboa Coves, Nevrpoi t Beach, CA
(UTl�1, Lat./Long-, datum,
accuracy level, attach NADI 83 State Plane CA VI (Y'�.,Y): 6049053.77,
electronic survey area map 1217357336
,ifpossible) I
Was Eelgrass Detected: z Yes, Eelgrass was found at this
site.
X
No, Eelgrass was not found at
tliis sate.
Description of
Addition of sand to existing sandy beach.
Permitted Rork:
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site:
Depth mange: r
water depths range between
(describe the physical and
oximately +4 ft to -6.6 ft M LLW.
biological conditions within
the survey area at the time
of the survey and provide
Substratements
jand
ranged from coarse sands
insight into variability, if
type: *shell
fragments inthe shallower
Imawn_ Please provide �antts
s (+4 to frPLL,) to sand in
for ail numerical
eeper depths (-1 to -6.6 ft 2 tom. ,LTV).
information.
Temperature:
Water temperature was in the 67 - 70
degree Fahrenheit range.
Salinity. I Salinity variable, from 20s to 35 ppt,
i depending on depth and the time of
Dominant
I
Dominant 47
flora was Enteromorpha
i
flora:
i irEtes inaiis .
Dominant
I
Striped sea slug (M7vanax inermis),
fa:
pogge(raliclonasp,Mela- s
(MytilusgalZoprovincialis), hydroids
(Coryrzolpha palma), topsmelt
(4therinops affinis), bay goby
(Levidogobius lepidus), juvenile barred
sand bass (FaraZabrax nebulifer), white
surfperch (phanerodon furcatus)
Exotie
NO exotics were observed.
species
encountered:
Other site
descrrpt�og
notes:
Description of survey
Survey date
.iune 6, 2005 from 1045 to 1115.
Effort:
and time
(please describe the surveys
period: T
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
Horizontal
10 feet on either side of the diver.
methods employed, date of
visibility in
A ork;, and survey density
water:
(estimated percentage of the
bottom actually dewed).
survey type
The underwater survey was conducted
Describe any limitations
and methods: *
using a snorltiel. Transects were swam
encountered doing the
approximately every 1-2 meters along
survey efforts.
the shoreline out to the pier Iine.
`iransect visual width was
L
approximately 20 feet (10 feet on each
side of the diver). Bottom type,
common marine life, and the presence
or absence of Zostera marina was
.noted. Depths were standardized to
Mean Lower Low Water (MLLV�)
based upon time of observation and
tidal corrections for the Newport Bay
Entrance, Corona del Isar NOAA tidal
survey station.
S� vey I 'fie surrey was conducted by ltfr_
personnel: I Stephen W'bit�aker. �S{-eniore
�} MarinI!
iLli! 61 [ f Ci2 �I i Coastal Re.^5. ou ces
.I Managemnent.
t area size i'{ 6 n e Su�7ey 'fie total_ Project e_ s._..., � �,-tu,. �
I den s" area of r otential F�ect was 1.2v0
square feet (including buffer areas).
S -vey None
limitations: T
I
1 I
Ot�e�- €ormation:Troject �-ea Location and Photos aph (attached)
(use this space to providany additional informati
or references to attached
materials such as maps,
reports, etc.)
Felgrass Survey Reporting Form (version 1.0, 6/20/03)
Ai
26 Balboa Coves (outlined in red).
27 Balboa Coves is the property immediately to the north of 26 Balboa Coves
26 and 27 Balboa Coves Beach Nourishment Project Area (Photograph shows area in
front of 26 Balboa Coves)
SURVEY REPORT
26 and 27 RP-Ibaa Covers - evipart Reach, C A- (We ort Ray)
Caulerpa Survey Repartinb FGrTF
This form is required to be submitted for any surveys conducted for the invasive ex-otic
alga Caulerpa Laxifolia that are required to be conducted under fedenal or State p�-rrnits
and authorizations issued by the U-S. Amy Corps of Engineers or Regional Water
Quality Control Boards legions 8 & 99). 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
Ca-alerpa. Surveys required to be conducted for this species are subject to modiuCacion
through publication of revisions to the Cauleraa survey policy. It is incumbent upon the
authorized pernuttee to ensure that survey work is following the latest protocols. For
further information on these protocols, please contact: Robert Hoffinan, National Marine
Fisheries Service (NOA.A. Fisheries), (562) 980-4043, or William Paznokas, California
Department of Fish & Game, (858) 467-4218).
Report mate:
June 6, 2005 I
Dame of boy, estuary,
Newport Bay
lagoon, or harbor:
Specific Location Name:
2627 Balboa Coves, Newport Beach., CA
(address or common
reference)
Site Coordinates:
NAD 83 State Plane CA VI (X, ): 6049053.77, 2173573.36
(UTM, Lat./Long., datum,
accuracy level, and an
electronic survey area map
or hard copy of the map
mast be included)
Survey Contact:
Personnel Conducting
Survey (if other than
above): (name, phone,
Dick Ware, (949) 412-9446, rware-erna@earthlink.net
'tie survey eras conducted 'Sy IAr. Steve 'Whitaker, Senior Field
Technician, of Coastal Resources Management.
Permit Reference:
PENDING
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
This i.s the first survey cone for this project.
survey for this project?
Was Caulerpa Detecteel?:
t Yes, Caulerna was found at this site and
(if Caulerpa is found, please
has been contacted on date.
immediately contact NOAA
x No, Caulerpa was not found at this site.
Fisheries or CDFC personnel
identified above)
Description of Permuted ; ka'ditlon of sand to cydac na sanriv ` cash, appr ox _rnatety 60 R long by
Work: (describe briefly the 30 ft; wide.
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
+4 ft to -6.6 ft IvI LW
Substrate type:
SedLnnents ranged frona. coarse sands and shell
fragrnents in the shallower depths (+4, to 0
to sand in the deeper depths (-1 to -6.6
y
,describe the physical and
biological conditions within the
survey area at the time of the
survey and provide insight into-+T)
variability, if known. Please
provide units for all numerical
Temperature:
65 degrees B
Salinity:
30-33 ^pt
information).
Dominantflora:
Enteromorpha mtestinalis
Dominantfauna: Striped sea slog (Navanax inermzs), sponge
(Haliclona sp.), bay mussels (Mytilus
galloprovincialis), hydroids (Corymorpha palma),
topsmelt (Atherinops affrnis), bay goby
(Lepidogobius lepidus), juvenile barred sand bass
(Paralabrax nebulifer), and white surfperch
Exotic species Done
encountered
(including any
other Caulerpa
Other site
description notes:
Description of Survey
Effort:
(please describe the surveys
Survey date and
time period:
.Tune 6, 2005 from 1045 to 1115.
Horizontal
10 feet on either side of the diver.
conducted including type of
visibility in water_
,Survey type and
The underwater survey was conducted using
survey (SCUBA, remote
video, etc.) and survey
methods:
snorkel during a 3.4 ft I\MLW ebbing tide.
methods employed, date of
Biologist noted bottom type, dominant bottom
work, and survey density .
dwel_ling organisms, depth and the presence or .
(estimated percentage of the
absence of Caulerpa along (12) transects each
bottom actually viewed).
approximately 20 feet long. Depths were
standardized to Dean Lower Low Water (MLLW)
based upon time of observation and tidal
Describe any Iimitatio-is
encountered during the
survey efforts.
Other Information: (use
this space to provide
additional information or
references to attached maps,
corrections for the Newport entrance, Corona del
briar tidal survey station.
Sun ey per sonnek Mz- Steve Whitaker, Senior Field Technician, of
Coastal Resources Management.
Survey density die total beach nourishment project area size
within the Area of Potent al Bfect is 1,200 sq i <.
Of the 1,2700 sq tht ha the APE, 1,200 sq ft of
I' seafloor were sure=eyed. 'fhis accounts for 100 %
of the area within the proposed beach nourishment
area.
Survey ihnitations_ I No survey limitations.
See project Area Location and Project Area Photos (attached)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
26 Balboa Coves (outlined in red). 27 Balboa Coves is immediately North
of 26 Balboa Coves
2627 Balboa Coves, Newport Bay, CA Project Site
SME' GAIN SIZE ANALYSIS REP'
It
t :' ASSOC1,4 TED LABOk,4 TOES
906 North Batavia - Orange, California 92868 - 7141771-6900
CLIENT Coastal Resources Management (11261)
ATIM Rick Ware
PMB 327, 3334 E. Coast Hwy.
Corona Del Mar, CA 92625
PROJECT 26/27 Balboa Cove, Newport Beach, Sediment Analysis
SUBWTTER Client
COMMENTS
FAX 314,/338-1209
LAB REQUEST 151625
REPORTED 06/14/2005
RECEIVED 06/06/2005
This laboratory request covers the following listed sarnples which were analyzed for the paratnrters indicated on the attached
Analytical Result Report. All analyses were conducted using the appropriate rnethods as indicated on the report_ This cover letter is an
integral part of the final repoft
Order No.
625901
625902
Client Sample Identification
Donor Sand Material
Receiver Site Material
Thank you for the opportunity to be of service to your company. Please feel free to call if there are any questions regarding this report
or if we can be of further service.
ASSOOCCIAT/ED LABORATORIES by,
Tito L. Parola
President
NOTE: Unless noted in lvriting , all samples will be discarded by appropriate disposalprotocol 30 days from date reported.
TESTING & CONSULTIArG
The reports oPtheAssmiated Laboratories amoon6dential property ofourclients and Chemical
may not berepmdu=d orusod forpublication in part or in full without ourivritten Micrnbiolovical
permission. This is for the mutual protection of the public, our clients, and ourselves. Environmerrral
Lab request 151625 cover, page 1 of 1
Order #: 1 6259011 CHent Sample ID: Donor Sand Material
Ma. SOLID
Date Sampled: 05/06/2005
Time Sampled: 12:00
An, a f yte Rl a s u It ft DLR Un, -9 is Dats-,Anafyst
Sift, and Clair - E, P4JCE-91-1
Great -ex than 2000 % 06108105 BGS
Sand (2000-62.5 microns) % 06/08/05 BGS
Order #: 625902
Matrix: SOLID
Date Sampled- 05106/2005
Time S2m- led: 12:00
Analyte
Client Sample ED- Receiver Site Material
Result DLR Units DatefAnalyst
S:T.,t and Cl---,, - KPA]CE-8121 -1
Greater than 2000 11.9
Sand (2000-62.5 microns) 88,7
DLR = Detection limit for reporCmg purposes, ND = Not Dut,=-t5d below indicated detection limit
ARU �C[A TED T4 ROP4 TOMM. V Analyfical Results ReDoft.
Lab Pequest 151625 r--%&, page 1 of 1
% 06/09/05 BGS
% 06/09/05 BGS
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 July 247 2005
(562)590-5071
Mr. Tom Rossmiller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consisteocy Certification CC-078-99 F- CC-077-01
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
.Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or
CC-077-01 for the following sites in the City of Newport Beach:
City Harbor
Permit #
Site Address
Beach
Disposal
Q cu. ds
Ocean
Disposal
Q t cu. ds
Cumulative
Total* for
2005
175-630
630 Via Lido Nord
167
0
1011-26
26 & 27 Balboa Coves
165
0
Sub -total
5793
1200
Year-to-date total
aAaI
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components 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 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. 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 CC-077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC-078-99 and CC-077-01 and/or CDP 5-99-282, as amended. 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 CC-077-01 and/or CDP 5-99-
282, as amended, is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mr. Mark Delaplaine, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposai event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
$ Not to Exceed 20,000 cubic yards per year
California Regional Water Quality Control Board
Santa Ana Region
Alan C. Lloyd, Ph.D. 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarienegger
Agency Secretary Phone (951) 782-4130 — FAX (951) 781-6288 — T TY (951) 782-3221 Governor
http://www.waterboards.ca.gov/santaana
January 5, 2006
Chris Miller
Harbor Resources
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS
CERTIFICATION FOR THE PROPOSED EXCAVATION AT 26 AND 27 BALBOA
COVE, CITY OF NEWPORT BEACH (ACOE REFERENCE NO. NOT AVAILABLE)
Dear Mr. Miller:
On December 1, 2005, we received an application for Clean Water Act Section 401
Water Quality Standards Certification (Certification) for the proposed excavation at 26
and 27 Balboa Cove in the City of Newport Beach. This letter responds to your request
for certification that the proposed project, described in your application and summarized
below, will comply with State water quality standards outlined in the Water Quality
Control Plan for the Santa Ana River Basin (1995) and subsequent Basin Plan
amendments:
Project Description: Excavation of Newport Harbor between the low tide line and
the ordinary high water mark at 26 and 27 Balboa Cove.
The excavated material will be removed using a skid steer
loader and placed on the adjacent beach in order to
reinforce and protect the existing bulkhead there and restore
sand to the beach. An estimated 25 cubic yards of material
will be moved. The site is located within Section 28 of
Township 6 South, Range 10 West of the U.S. Geological
Survey Newport Beach, California, 7.5-minute topographic
quadrangle maps (33 deg. 37.237 min. N/117 deg. 56.041
min. W).
Receiving water: Newport Harbor.
Fill area: 0.007 acres (300 square feet) of permanent impact to a
marine harbor.
California Environmental Protection Agency
i?#D. • Recycled Paper
City of Newport Beach - 2 - January 5, 2006
Dredge/Fill volume:
Federal permit
N/A
U.S. Army Corps of Engineers Nationwide Permit No. 19
Should the proposed project impact state- or federally -listed endangered species or
their habitat, implementation of measures identified in consultation with U.S. Fish and
Wildlife Service and the California Department of Fish and Game will ensure those
impacts are mitigated to an acceptable level. Appropriate Best Management Practices
will be implemented to reduce construction -related impacts to Waters of the State. This
project is less than.one acre. Therefore, coverage under the State Water Resources
Control Board's General Permit for Storm Water Discharges Associated with
Construction Activity, Water Quality Order 99-08 DWQ, is not required.
You have applied for a Nationwide Permit from the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean Water Act. You have applied for a
Streambed Alteration Agreement with the California Department of Fish and Game.
Pursuant to the California Environmental Quality Act (CEQA), the project qualifies under
a Class 4 Categorical Exemption, CEQA Guidelines Section 15304(g).
This 401 Certification is contingent upon the execution of the following
conditions:
1. The discharger shall survey for Caulerpa taxifolia, an invasive marine seaweed, to
help locate and prevent its spread using generally accepted protocols. If Caulerpa
taxifolia is found prior to or during implementation of the project, the applicant shall
not begin or continue at that location until authorized by Regional Board staff. If the
invasive seaweed is discovered, it is not to be disturbed, and the Regional Board
shall be notified within 48-hours of the location and date of the discovery. In
addition, any sightings of Caulerpa taxifolia should be reported to the California
Department of Fish and Game (William Paznokas at (858) 467-4218
(wpaznokas(cD-dfa.ca.gov)) or the National Marine Fisheries Service (Robert Hoffman
at (562) 980-4043 (bob. hoffman(o)_noaa.gov)) within 24-hours of discovery. Further
information regarding'a Caulerpa taxifolia sighting can be obtained at
www.sccat.net. Should no Caulerpa be observed during the project, the applicant
shall notify the Regional Board of this fact when all construction has been
completed. Please contact Wanda Marquis -Smith at (951) 782-4468 concerning
issues related to Caulerpa taxifolia.
2. The proposed work shall not occur within water.
California Environmental Protection Agency
7��,• Recycled Paper
City of Newport Beach - 3 - January 5, 2006,
Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the
following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant
to Section §13330 of the Water Code and Article 6 (commencing with
Section 3867) of this Chapter.
(b) Certification is not intended and shall not be construed to apply to any
activity involving a hydroelectric facility and requiring a FERC license or an
amendment to a FERC license unless the pertinent certification application
was filed pursuant to Subsection §3855(b) of this Chapter and that
application specifically identified that a FERC license or amendment to a
FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under
this Chapter and owed by the applicant.
Although we anticipate no further regulatory involvement, if the above stated conditions
are changed, any of the criteria or conditions as previously described are not met, or
new information becomes available that indicates a water quality problem, we may
formulate Waste Discharge Requirements.
In the event of any violation or threatened violation of the conditions of this certification,
the violation or threatened violation shall be subject to any remedies, penalties, process
or sanctions as provided for under state law. For purposes of section 401(d) of the
Clean Water Act, the applicability of any state law authorizing remedies, penalties,
process or sanctions for the violation or threatened violation constitutes a limitation
necessary to assure compliance with the water quality standards and other pertinent
requirements incorporated into this certification.
In response to a suspected violation of any condition of this certification, the Santa Ana
Regional Water Quality Control Board (Regional Board) may require the holder of any
permit or license subject to this certification to furnish, under penalty of perjury, any
technical or monitoring reports the Regional Board deems appropriate. The burden,
including costs, of the reports shall be reasonable in relation to the need for the reports
and the benefits to be obtained from the reports.
In response to any violation of the conditions of this certification, the Regional Board
may add to or modify the conditions of this certification as appropriate to ensure
compliance. Pursuant to California Code of Regulations Section 3857, we will take no
California Environmental Protection Agency
�� Recycled Paper
City of Newport Beach - 4 - January 5, 2006
further action on your application. Please notify our office five (5) days before
construction begins on this project.
This letter constitutes a Water Quality Standards Certification issued pursuant to Clean
Water Act Section 401. 1 hereby issue an order certifying that any discharge from the
referenced project will comply with the applicable provisions of Sections 301 (Effluent
Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality
Standards and Implementation Plans), 306 (National Standards of Performance), and
307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other
applicable requirements of State law. This discharge is also regulated under State
Water Resources Control. Board Order No. 2003-0017-DWQ (Order No. 2003-0017-
DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That
Have Received Water Quality Certification" which requires compliance with all
conditions of this Water Quality Standards Certification. Order No. 200-0017-DWQ is
available at www.swrcb.ca.gov/resdec/waorders/2003/wqo/Wgo2003-0017.pdf
Should there be any questions, please contact Adam Fischer at (951) 320-6363, or
Mark Adelson at (951) 782-3234.
Sincerely,
4".,
GERARD J. THIBEAULT
Executive Officer
cc: U. S. Army Corps of Engineers, Los Angeles Office — Dan Swenson
State Water Resources Control Board, OCC — Jorge Leon
State Water Resources Control Board, DWQ-Water Quality Certification Unit —
Oscar Balaguer,
California Department of Fish and Game, Ontario Office — Jeff Brandt
U.S. EPA, Tim Vendlinski, Supervisor of the Wetlands Regulatory Office WTR- 8
California Environmental Protection Agency
i�� Recycled Paper
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
January 25, 2006
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
Mr. Chris Miller
City of Newport Beach Harbor Resources Division
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Miller:
This is in reply to your letter (No. 200501678-CJF) dated November 3, 2005, concerning
our permit authority under Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C.
403) and Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to
conduct minor dredging and beach nourishment of 25 cubic yards of sand over a 0.007-acre
area located at 26 and 27 Balboa Coves in Newport Bay, in the city of Newport Beach, Orange
County, California. Specifically, the activity includes the use of mechanized equipment (a
Bobcat or skid steer) to remove 25 cubic yards of material from the low tide line and deposit it
above the high tide line to reinforce existing bulkhead and restore sand to the beach.
The Corps of Engineers has determined your proposed activity complies with the terms
and conditions of Nationwide Permit Numbers 18 for Minor Discharges (Sections 10 and 404) and
19 for Minor Dredging (Sections 10 and 404) as described in enclosure 1.
Furthermore, you must comply with the following non -discretionary Special Conditions:
1. The permitted activity shall not interfere with the right of the public to free navigation
on all navigable waters of the United States.
2. No modifications or work shall occur to the docking structure.
3. A pre -construction survey of the project area for Caulerpa taxifolia will be conducted in
accordance with the Caulerpa Control Protocol (see http://swr.ucsd.edu/hcd/ccpvl.htm) not
earlier than 90 days prior to planned construction and not later than 30 days prior to
construction. The results of that survey shall be transmitted to NOAA Fisheries and CDFG at
least 15 days prior to initiation of proposed work. In the event that Caulerpa is detected within
the project area, no work shall be conducted until such time as the infestation has been isolated,
treated, and the risk of spread is eliminated.
-2-
4. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or
petroleum products, from construction shall be allowed to enter into or placed where it may be
washed by rainfall or runoff into waters of the United States. Therefore, the permittee shall
employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or
excessive erosion do not enter waters of the United States during project construction. Upon
completion of berthing improvements, any excess material or debris shall be removed from the
work area and disposed of in an appropriate upland site.
5. The permittee shall discharge only clean construction materials suitable for use in the
oceanic environment.
6. The permittee shall notify the Army Corps of Engineers of the date of commencement
of operations and the date of completion of operations at least five days prior to such
completion.
7. The permittee shall notify the Commander Eleventh Coast Guard District, and the
Coast Guard Marine Safety Office / Group LA -LB not less than 14 calendar days prior to
commencing work. The notifications, either letter, fax, or e-mail, shall include as a minimum
the following information:
a. Project description including the type of operation (i.e. dredging, diving, construction,
etc).
b. Location of operation, including Latitude / Longitude (NAD 83).
c. Work start and completion dates and the expected duration of operations. The Coast
Guard need to be notified if these dates change.
d. Vessels involved in the operation (name, size and type).
e. VHF -FM radio frequencies monitored by vessels on scene.
f. Point of contact and 24 hour phone number.
g. Potential hazards to navigation.
h. Chart number for the area of operation.
Addresses:
Commander,11th Coast Guard District U.S. Coast Guard
(can) Marine Safety Office / Group LA -LB
ATTN: Local Notice to Mariners Attn: Waterways Management
Coast Guard Island, Building 50-3 1001 South Seaside Ave., Bldg 20
Alameda, CA 94501-5100 San Pedro, CA 90731
TEL: (510) 437-2986
FAX: (510) 437-3423
TEL: (310) 732-2020
FAX: (310) 732-2029
8. The Permittee or their contractors shall not remove, relocate, obstruct, willfully
damage, make fast to, or interfere with any aids to navigation. The Contractor shall notify the
Eleventh Coast Guard District in writing with a copy to the Contracting Officer, not less than 30
calendar days in advance of the time he plans to operate any equipment adjacent to any aids to
-3-
navigation which requires relocation or removal. Should any federal aids to navigation (AtoN)
be affected by this project, the permittee shall contact the US Coast Guard AtoN office at (510)
437-2982.
9. If the work requires that private aids to navigation be established, the permittee or
contractor should contact Mr. Brian Aldrich of the US Coast Guard at (510) 437-2983.
10. Upon the US Coast Guard s receipt of the notification to start work, a copy of the
applicant's letter will be sent to the Coast Guard Captain of the Port (COTP) of Los
Angeles/Long Beach for review. The COTP may modify the deployment of marine
construction equipment or mooring systems to safeguard navigation during the project.
Questions concerning lighting, equipment placement, and mooring should be directed to the
COTP at (310) 383-1600.
11. The permittee shall send a post -project survey to the National Oceanic and
Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West
Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711.
12. The permittee understands and agrees that, if future operations by the United States
require the structure or work herein authorized, or if, in the opinion of the Secretary of the
Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal or alteration.
This letter of verification is valid through March 19, 2007. All nationwide permits expire
on March 19, 2007. If you either contract the work or begin construction on or before
March 19, 2007 you will have an additional 12 months to complete the activity under the
attached nationwide permit terms and conditions. If the work is not under construction or
contract by March 19, 2007 the work will be subject to regulations in effect at the time when you
re -apply for a permit. It is incumbent upon you to remain informed of changes to the
nationwide permits. If the Corps of Engineers modifies, reissues, or revokes any nationwide
permit at an earlier date, we will issue a public notice announcing the changes.
A nationwide permit does not grant any property rights or 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.
se
Thank you for participating in our regulatory program. If you have any questions, please
contact Corice J. Farrar of my staff at (213) 452-3296.
Sincerely,
VM1 -
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
-5-
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: 200501678-CJF
Name of Permittee: City of Newport Beach Harbor Resources Division
Date of Issuance: January 25, 2006
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US Army Corps of Engineers
Regulatory Branch
ATTN: CESPL-CO-R-200501678-CJF
P.O. Box 532711
Los Angeles, California 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this nationwide permit you may
be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR
330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit condition(s).
Signature of Permittee Date
NATIONWIDE PERMIT NUMBERS 18 and 19 TERMS AND CONDITIONS
1. Nationwide Permit 18 and 19 Terms:
Your activity is authorized under Nationwide Permit Numbers 18 and 19 subject to the following terms:
Nationwide Permit Number 18 - Minor Discharges. Minor discharges of dredged or fill material into all
waters of the US if the activity meets all of the following criteria:
a. The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards
below the plane of the ordinary high water mark or the high tide line;
b. The discharge, including any excavated area, will not cause the loss of more than 1/10-acre of a
special aquatic site, including wetlands. For the purposes of this NWP, the acreage limitation includes
the filled area and excavated area plus special aquatic sites that are adversely affected by flooding and
special aquatic sites that are drained so that they would no longer be a water of the US as a result of the
project;
c. If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of the
ordinary high water mark or the high tide line or if the discharge is in a special aquatic site, including
wetlands, the permittee notifies the District Engineer in accordance with the "Notification" General
Condition. For discharges in special aquatic sites, including wetlands, the notification must also include
a delineation of affected special aquatic sites, including wetlands (also see 33 CFR 330.1(e)); and
d. The discharge, including all attendant features, both temporary and permanent, is part of a single
and complete project and is not placed for the purpose of a stream diversion. (Sections 10 and 404)
Nationwide Permit Number 19: Minor Dredging. Dredging of no more than 25 cubic yards below the
plane of the ordinary high water mark or the mean high water mark from navigable waters of the US (i.e.,
section 10 waters) as part of a single and complete project. This NWP does not authorize the dredging or
degradation through siltation of coral reefs, sites that support submerged aquatic vegetation (including sites
where submerged aquatic vegetation is documented to exist, but may not be present in a given year),
anadromous fish spawning areas, or wetlands, or the connection of canals or other artificial waterways to
navigable waters of the US (see 33 CFR 322.5(g)). (Sections 10 and 404)
2. Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used
and maintained in effective operating condition during construction, and all exposed soil and other
fills, as well as any work below the ordinary high water mark or high tide line, must be
permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work
within waters of the United States during periods of low -flow or no -flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements
of those species of aquatic life indigenous to the waterbody, including those species that normally
migrate through the area, unless the activity's primary purpose is to impound water. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)). Additionally, any case
specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality
Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic
River System; or in a river officially designated by Congress as a "study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate Federal
agency, with direct management responsibility for such river, has determined in writing that the
proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification
must be obtained or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12,14,17,18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification
(either generically or individually) does not require or approve water quality management
measures, the permittee must provide water quality management measures that will ensure that
the authorized work does not result in more than minimal degradation of water quality (or the
Corps determines that compliance with state or local standards, where applicable, will ensure no
more than minimal adverse effect on water quality). An important component of water quality
management includes stormwater management that minimizes degradation of the downstream
aquatic system, including water quality (refer to General Condition 21 for stormwater management
requirements). Another important component of water quality management is the establishment
and maintenance of vegetated buffers next to open waters, including streams (refer to General
Condition 19 for vegetated buffer requirements for the NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone management
consistency concurrence must be obtained or waived (see Section 330.4(d)).
11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy
or adversely modify the critical habitat of such species. Non-federal permittees shall notify the
District Engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been satisfied
and that the activity is authorized. For activities that may affect Federally -listed endangered or
threatened species or designated critical habitat, the notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. As a result of formal or
informal consultation with the FWS or NMFS the District Engineer may add species -specific
regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the
ESA. Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages
at http://www.fws.gov/r9endspp/endspp.html and http://www.nftns.gov/prot—res/esahome.html
respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in
the National Register of Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed, determined to be
eligible, or which the prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have been satisfied and
that the activity is authorized. Information on the location and existence of historic resources can
be obtained from the State Historic Preservation Office and the National Register of Historic Places
(see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for
listing in, the National Register of Historic Places, the notification must state which historic
property may be affected by the proposed work or include a vicinity map indicating the location of
the historic property.
13. Notification.
(a) Timing: where required by the terms of the NWP, the prospective permittee must notify
the District Engineer with a preconstruction notification (PCN) as early as possible. The District
Engineer must determine if the notification is complete within 30 days of the date of receipt and
can request additional information necessary to make the PCN complete only once. However, if
the prospective permittee does not provide all of the requested information, then the District
Engineer will notify the prospective permittee that the notification is still incomplete and the PCN
review process will not commence until all of the requested information has been received by the
District Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an Individual Permit is
required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the
District or Division Engineer. Subsequently, the permittee's right to proceed under
the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional
General Permit(s), or Individual Permit(s) used or intended to be used to authorize
any part of the proposed project or any related activity. Sketches should be provided
when necessary to show that the activity complies with the terms of the NWP
(Sketches usually clarify the project and when provided result in a quicker decision.);
(4) For NWPs 7, 12, 14,18, 21, 34, 38, 39, 41, 42, and 43, the PCN must also include a
delineation of affected special aquatic sites, including wetlands, vegetated shallows
(e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes
(see paragraph 13(f));
(5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information
regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
(6) For NWP 14 (Linear Transportation Crossings), The PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and
a statement describing how temporary losses of waters of the US will be minimized
to the maximum extent practicable;
(7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of
Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be
authorized by this NWP, the District Engineer must determine that the activity
complies with the terms and conditions of the NWP and that the adverse
environmental effects are minimal both individually and cumulatively and must
notify the project sponsor of this determination in writing;
(8) For NWP 27 (Stream and Wetland Restoration), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
(9) For NWP 29 (Single -Family Housing), the PCN must also include:
(i) Any past use of this NWP by the Individual Permittee and/or the
permittee's spouse;
(ii) A statement that the single-family housing activity is for a personal
residence of the permittee;
(iii) A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring 1/4-acre
or less will not require a formal on -site delineation. However, the
applicant shall provide an indication of where the wetlands are and the
amount of wetlands that exists on the property. For parcels greater than
1/4-acre in size, formal wetland delineation must be prepared in accordance
with the current method required by the Corps. (See paragraph 13(f));
(iv) A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's
spouse, within a one mile radius of the parcel, in any form of ownership
(including any land owned as a partner, corporation, joint tenant, co-
tenant, or as a tenant -by -the -entirety) and any land on which a purchase
and sale agreement or other contract for sale or purchase has been
executed;
(10) For NWP 31 (Maintenance of Existing Flood Control Projects), the prospective
permittee must either notify the District Engineer with a PCN prior to each
maintenance activity or submit a five year (or less) maintenance plan. In addition, the
PCN must include all of the following:
(i) Sufficient baseline information identifying the approved channel depths
and configurations and existing facilities. Minor deviations are
authorized, provided the approved flood control protection or drainage is
not increased;
(ii) A delineation of any affected special aquatic sites, including wetlands;
and,
(iii) Location of the dredged material disposal site;
(11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also
include a restoration plan of reasonable measures to avoid and minimize adverse
effects to aquatic resources;
(12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District
Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
(13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal
to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than
300 linear feet of an intermittent stream bed, to be authorized, the District Engineer
must determine that the activity complies with the other terms and conditions of the
NWP, determine adverse environmental effects are minimal both individually and
cumulatively, and waive the limitation on stream impacts in writing before the
permittee may proceed;
(14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize
the relocation of greater than 300 linear -feet of existing serviceable drainage ditches
constructed in non -tidal streams unless, for drainage ditches constructed in
intermittent non -tidal streams, the District Engineer waives this criterion in writing,
and the District Engineer has determined that the project complies with all terms and
conditions of this NWP, and that any adverse impacts of the project on the aquatic
environment are minimal, both individually and cumulatively;
(15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the
construction of new stormwater management facilities, a maintenance plan (in
accordance with state and local requirements, if applicable) and a compensatory
mitigation proposal to offset losses of waters of the US. For discharges that cause the
loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the
District Engineer must determine that the activity complies with the other terms and
conditions of the NWP, determine adverse environmental effects are minimal both
individually and cumulatively, and waive the limitation on stream impacts in writing
before the permittee may proceed;
(16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of
the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with
the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in
isolated waters and non -tidal wetlands adjacent to headwaters and any hard
rock/mineral mining activities);
(17) For activities that may adversely affect Federally -listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat
that may be affected by the proposed work; and
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may
be affected by the proposed work or include a vicinity map indicating the location of
the historic property.
(c) Form of Notification: The standard Individual Permit application form (Form ENG 4345)
may be used as the notification but must clearly indicate that it is a PCN and must include all of the
information required in (b) (1)-(18) of General Condition 13. A letter containing the requisite
information may also be used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than
minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. The prospective permittee may submit a proposed mitigation plan with the PCN to
expedite the process. The District Engineer will consider any proposed compensatory mitigation
the applicant has included in the proposal in determining whether the net adverse environmental
effects to the aquatic environment of the proposed work are minimal. If the District Engineer
determines that the activity complies with the terms and conditions of the NWP and that the
adverse effects on the aquatic environment are minimal, after considering mitigation, the District
Engineer will notify the permittee and include any conditions the District Engineer deems
necessary. The District Engineer must approve any compensatory mitigation proposal before the
permittee commences work. If the prospective permittee is required to submit a compensatory
mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District
Engineer will expeditiously review the proposed compensatory mitigation plan. The District
Engineer must review the plan within 45 days of receiving a complete PCN and determine whether
the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the District
Engineer to be minimal, the District Engineer will provide a timely written response to the
14.
15
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more than
minimal, then the District Engineer will notify the applicant either: (1) that the project does not
qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an Individual Permit; (2) that the project is authorized under the NWP subject
to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the
aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with
specific modifications or conditions. Where the District Engineer determines that mitigation is
required to ensure no more than minimal adverse effects occur to the aquatic environment, the
activity will be authorized within the 45-day PCN period. The authorization will include the
necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation
proposal that would reduce the adverse effects on the aquatic environment to the minimal level.
When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no
work in waters of the US will occur until the District Engineer has approved a specific mitigation
plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal and
state agencies concerning the proposed activity's compliance with the terms and conditions of the
NWPs and the need for mitigation to reduce the project's adverse environmental effects to a
minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than 1/z-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile
transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or
state offices (USFWS, state natural resource or water quality agency, EPA, State Historic
Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these
agencies will then have 10 calendar days from the date the material is transmitted to telephone or
fax the District Engineer notice that they intend to provide substantive, site -specific comments. If
so contacted by an agency, the District Engineer will wait an additional 15 calendar days before
making a decision on the notification. The District Engineer will fully consider agency comments
received within the specified time frame, but will provide no response to the resource agency,
except as provided below. The District Engineer will indicate in the administrative record
associated with each notification that the resource agencies' concerns were considered. As required
by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, the
District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple
copies of notifications to expedite agency notification.
(f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current
method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than'/4-acre in
size). The permittee may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the
wetland delineation has been completed and submitted to the Corps, where appropriate.
Compliance Certification. Every permittee who has received NWP verification from the Corps will
submit a signed certification regarding the completed work and any required mitigation. The
certification will be forwarded by the Corps with the authorization letter and will include:
(a) A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and (c) The signature of the permittee certifying the completion of the work and
mitigation.
Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete
project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs
does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road
crossing over tidal waters is constructed under NWP 14, with associated bank stabilization
authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot
exceed 1/3-acre).
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or
discharges of dredged or fill material, may occur in the proximity of a public water supply intake
except where the activity is for repair of the public water supply intake structures or adjacent bank
stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or
discharges of dredged or fill material, may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the US or
discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when determining the
acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the
aquatic environment that are more than minimal.
(a) The project must be designed and constructed to avoid and minimize adverse effects to
waters of the US to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating)
will be required to the extent necessary to ensure that the adverse effects to the aquatic
environment are minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland
impacts requiring a PCN, unless the District Engineer determines in writing that some other form
of mitigation would be more environmentally appropriate and provides a project -specific waiver of
this requirement. Consistent with National policy, the District Engineer will establish a preference
for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional
circumstances.
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those
impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of
the NWPs. For example, 1/a-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands
to a 1/2-acre loss associated with NWP 39 verification. However, 1/2-acre of created wetlands can be
used to reduce the impacts of a 1/2-acre loss of wetlands to the minimum impact level in order to
meet the minimal impact requirement associated with NWPs.
(e) To be practicable, the mitigation must be available and capable of being done considering
costs, existing technology, and logistics in light of the overall project purposes. Examples of
mitigation that may be appropriate and practicable include, but are not limited to: reducing the size
of the project; establishing and maintaining wetland or upland vegetated buffers to protect open
waters such as streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will
normally include a requirement for the establishment, maintenance, and legal protection (e.g.,
easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers
will be the only compensatory mitigation required. Vegetated buffers should consist of native
species. The width of the vegetated buffers required will address documented water quality or
aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side
of the stream, but the District Engineers may require slightly wider vegetated buffers to address
documented water quality or habitat loss concerns. Where both wetlands and open waters exist on
the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream
buffers or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where vegetated buffers are determined to be the most appropriate form
of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland impacts.
(g) Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will
condition the verification to require detailed plans be submitted and approved by the Corps prior
to construction of the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate
activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the
mitigation provisions will specify the party responsible for accomplishing and/or complying with
the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the US or
discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to
maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates).
Furthermore, the activity must not permanently restrict or impede the passage of normal or
expected high flows (unless the primary purpose of the fill is to impound waters) and the structure
or discharge of dredged or fill material must withstand expected high flows. The activity must, to
the maximum extent practicable, provide for retaining excess flows from the site, provide for
maintaining surface flow rates from the site similar to preconstruction conditions, and provide for
not increasing water flows from the project site, relocating water, or redirecting water flow beyond
preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary,
and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding
or erosion downstream and upstream of the project site, unless the activity is part of a larger
system designed to manage water flows. In most cases, it will not be a requirement to conduct
detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects
to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow
shall be minimized to the maximum extent practicable. This includes structures and work in
navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or
discharges of dredged or fill material, into breeding areas for migratory waterfowl must be
avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected
areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine
sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat
for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and
outstanding national resource waters or other waters officially designated by a state as having
particular environmental or ecological significance and identified by the District Engineer after
notice and opportunity for public comment. The District Engineer may also designate additional
critical resource waters after notice and opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters of the US are not
authorized by NWPs 7,12,14,16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or
directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges
of dredged or fill materials into waters of the US may be authorized by the above NWPs in
National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such
discharges may be authorized in designated critical habitat for federally listed threatened or
endangered species if the activity complies with General Condition 11 and the USFWS or the
NMFS has concurred in a determination of compliance with this condition.
(b) For NWPs 3, 8, 10, 13,15, 18,19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is
required in accordance with General Condition 13, for any activity proposed in the designated
critical resource waters including wetlands adjacent to those waters. The District Engineer may
authorize activities under these NWPs only after it is determined that the impacts to the critical
resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition,100-year floodplains will
be identified through the existing Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges in Floodplain, Below Headwaters. Discharges of dredged or fill material into
waters of the US within the mapped 100-year floodplain, below headwaters (i.e. five cfs), resulting
in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
(b) Discharges in Floodway, Above Headwaters. Discharges of dredged or fill material into
waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -
grade fills, are not authorized by NWPs 39, 40, 42, and 44.
(c) The permittee must comply with any applicable FEMA-approved state or local floodplain
management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was
commenced or under contract to commence by the expiration date of the NWP (or modification or
revocation date), the work must be completed within 12-months after such date (including any
modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date may be requested. This request must be submitted at least one month before the
previously approved completion date.
28. The permittee shall send a post -project survey to the National Oceanic and Atmospheric Service for
chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean,
DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711.
3. Regional Conditions for the Los Angeles District
In accordance with General Condition Number 6, "Regional and Case -by -Case Conditions", the
following Regional Conditions, as added by the Division Engineer, must be met in order for an
authorization by any Nationwide to be valid:
1. For coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles
County to the San Luis Obispo County/Monterey County boundary, all road crossings must
employ a bridge crossing design that ensures passage and/or spawning of steelhead (Oncorhynchus
mykiss) is not hindered in any way. In these areas, bridge designs that span the stream or river,
including designs for pier- or pile -supported spans, or designs based on use of a bottomless arch
culvert simulating the natural stream bed (i.e., substrate and streamflow conditions in the culvert
are similar to undisturbed stream bed channel conditions) shall be employed unless it can be
demonstrated the stream or river does not support resources conducive to the recovery of federally
listed Anadromous salmonids, including migration of adults and smolts, or rearing and spawning.
This proposal also excludes approach embankments into the channel unless they are determined to
have no detectable effect on steelhead.
2. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los
Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and
Santa Rosa mountain ranges, and south of Little Lake, Inyo County), no nationwide permit, except
Nationwide Permits 1 (Aids to Navigation), 2 (Structures in Artificial Canals), 3 (Maintenance), 4
(Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific
Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10
(Mooring Buoys), 11 (Temporary Recreational Structures), 20 (Oil Spill Cleanup), 22 (Removal of
Vessels), 27 (Stream and Wetland Restoration Activities), 30 (Moist Soil Management for Wildlife),
31 (Maintenance of Existing Flood Control Projects), 32 (Completed Enforcement Actions), 35
(Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and
Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste), or other nationwide or regional
general permits that specifically authorize maintenance of previously authorized structures or fill,
can be used to authorize the discharge of dredged or fill material into a jurisdictional special
aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats,
vegetated shallows, coral reefs, and riffle -and -pool complexes).
3. For all projects proposed for authorization by nationwide or regional general permits where prior
notification to the District Engineer is required, applicants must provide color photographs or color
photocopies of the project area taken from representative points documented on a site map. Pre -
project photographs and the site map would be provided with the permit application. Photographs
should represent conditions typical or indicative of the resources before impacts.
4. Notification pursuant to general condition 13 shall be required for projects in all special aquatic
sites as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated
shallows, coral reefs, and riffle -and -pool complexes), and in all perennial watercourses or
waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of
California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San
Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), excluding the
Colorado River from Davis Dam downstream to the north end of Topock and downstream of
Imperial Dam.
5. Notification pursuant to general condition 13 shall be required for projects in all areas designated
as Essential Fish Habitat by the Pacific Fishery Management Council (i.e., all tidally influenced
areas).
6. Notification pursuant to general condition 13 shall be required for projects in all watersheds in the
Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the
west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the
south.
7. Individual permits shall be required for all jurisdictional vernal pools.
8. Individual permits shall be required in Murrieta Creek and Temecula Creek watersheds in
Riverside County for new permanent fills in perennial and intermittent watercourses otherwise
authorized under NWPs 39,42 and 43, and in ephemeral watercourses for these NWPs for projects
that impact greater than 0.1 acre.
9. Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis
Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and
Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control
structures.
4. Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
2. Limits of this authorization.
(a) This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
(b) This permit does not grant any property rights or exclusive privileges.
(c) This permit does not authorize any injury to the property or rights of others.
(d) This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any
liability for the following:
(a) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(b) Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
(c) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
(d) Design or construction deficiencies associated with the permitted work.
(e) Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time
the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
(a) You fail to comply with the terms and conditions of this permit.
(b) The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).
(c) Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit
is modified, reissued, revoked, or expires before that time.
7. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition H below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
8. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
January 25, 2006
California Regional Water Quality Control Board, Santa Ana Region
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
RE: 26 & 27 Balboa Coves — 401 Certification Fees
Dear Mr. Fischer,
Enclosed is a check (#5682) for $500 to satisfy the requirements for the 401 Certification
for 26 & 27 Balboa Coves.
Please contact me if you should require further information.
Thank you,
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
emiller@city.newport-beach.ca.us
m & m spiegel memo
date: January 20, 2006
attn: Chris Miller
Harbor Resources Supervisor
City of Newport Beach, CA
Re: 26 & 27 Balboa Coves - 401 Certification
Chris,
Just to follow-up to our phone conversation and your e-mail. Enclosed is my check#
5682 for $500.00 made out to "California Regional Water Quality Control Board".
Hopefully and with your great help, this will be the "last hurdle".
Thanking you again,
Marc A*4f
Marc & Marlene Spiegel
26 Balboa Coves
Newport Beach, CA 92663-3226
Phone: 949-646-9626
Fax: 949-646-1936
Mobil: 714-272-7233
e-mail: marc7@pacbell.net
12/21/2005 16:58 9517816288
RWQCB
PAGE 02/05
California Regional Water (duality Control Board
Santa .Ana Region
Alan C. Lloyd, Ph.D. 1737 Main Street, Suite 500, Riverside, Califomia 92501-3348
Agency Secretory Phone (951) 782-4130 — FAX (951) 7a 1-6288 — TTY (951) 792-32.21
http://www.watci,boards.ca.gov/santaana
De 5
Chris Miller
Harbor Resources
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Arnold Schwarxenegger
Governor
CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS
CERTIFICATION FOR THE PROPOSED EXCAVATION AT 26 AND 27 BALBOA
COVE, CITY OF NEWPORT BEACH (ACOE REFERENCE NO. ???????????)
Dear Mr. Miller:
On December 1, 2005, we received an application for Clean Water Act Section 401
Water Quality Standards Certification (Certification) for the proposed excavation at 26
Balboa Cove in the City of Newport Beach. This letter responds to your request for
certification that the proposed project, described in your application and summarized
below, will comply with State water quality standards outlined in the Water Quality
Control Plan for the Santa Ana River Basin (1995) and subsequent Basin Plan
amendments:
Project Description: Excavation of Newport Harbor between the low tide line and
the ordinary high water mark at 26 and 27 Balboa Cove.
The excavated material will be removed using a skid steer
loader and placed on the adjacent beach in order to
reinforce and protect the existing bulkhead there and restore
sand to the beach. An estimated 25 cubic yards of material
will be moved. The site is located within Section 28 of
Township 6 South, Range 10 West of the U.S. Geological
Survey Newport Beach, California, 7.5-minute topographic
quadrangle maps (33 deg. 37.237 min. N/117 deg. 56.041
min. W).
Receiving water: Newport Harbor.
Fill area: 0,007 acres (300 square feet) of permanent impact to a
marine harbor.
California Environmental Protection agency
.+ Recycled Paper
12/21/2005 16:58 9517816288 RWQCB PAGE 03/05
City of Newport Beach - 2 - Dec 28, 2005
Dredge/Fill volume: N/A u
Federal permit: U.S. Army Corps of Engineers Nationwide Permit No. 19
Should the proposed project impact state- or federally -listed endangered species or
their habitat, implementation of measures identified in consultation with U.S. Fish and
Wildlife Service and the California Department of Fish and Game will ensure those
impacts are mitigated to an acceptable level. Appropriate Best Management Practices
will be implemented to reduce construction -related impacts to Waters of the State, This
project is less than one acre. Therefore, coverage under the State Water Resources
Control Board's General Permit for Storm Water Discharges Associated with
Construction Activity, Water Quality Order 99-08 DWQ, is not required.
You have applied for a Nationwide Permit from the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean Water Act. You have applied for a
Streambed Alteration Agreement with the California Department of Fish and Game,
Pursuant to the California Environmental Quality Act (CEQA), the project qualifies under
a Class 4 Categorical Exemption, CEQA Guidelines Section 15304(g).
This 401 Certification is contingent upon the execution of the following
conditions:
1. The discharger shall survey for Caulerpa taxifolia, an invasive marine seaweed, to
help locate and prevent its spread using generally accepted protocols. if Caulerpa
taxifolia is found prior to or during implementation of the project, the applicant shall
not begin or continue at that location until authorized by Regional Board staff. If the
invasive seaweed is discovered, it is not to be disturbed, and the Regional Board
shall be notified within 48whours of the location and date of the discovery. In
addition, any sightings of Caulerpa taxifolia should be reported to the California
Department of Fish and Game (William Paznokas at (858) 467-4218
(wpaznokas0dfg.ca.gov)) or the National Marine Fisheries Service (Robert Hoffman
at (562) 9804043 (bob.hoffman ae noaa.gov)) within 24-hours of discovery. Further
information regarding a Caulerpa taxifolia sighting can be obtained at
www.sccat.net. Should no Caulerpa be observed during the project, the applicant
shall notify the Regional Board of this fact when all construction has been
completed. Please contact Wanda Marquis -Smith at (951) 782-4468 concerning
issues related to Caulerpa taxifolia.
2. The proposed work shall not occur within water.
California ,Environmental Protection Agency
0
Recycled Paper
12/21/2005 ,16:58 9517816288 RWQCB PAGE 04/05
40, h4k
Cit
y of Newport Beach - 3 Dece11*4pr 5
Under California Water Code, Section 1068, and Pursuant to 23 CCR §3860, the
following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant
to Section §13330 of the Water Code and Article 6 (commencing with
Section 3867) of this Chapter.
(b) Certification is not intended and shall not be construed to apply to any
activity involving a hydroelectric facility and requiring a FERC license or an
amendment to a FERC license unless the pertinent certification application
was filed pursuant to Subsection §3855(b) of this Chapter and that
application specifically identified that a FERC license or amendment to a
FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under
this Chapter and owed by the applicant.
Although we anticipate no further regulatory involvement, if the above stated conditions
are changed, any of the criteria or conditions as previously described are not met, or
new information becomes available that indicates a water quality problem, we may
formulate Waste Discharge Requirements.
In the event of any violation or threatened violation of the conditions of this certification,
the violation or threatened violation shall be subject to any remedies, penalties, process
or sanctions as provided for under state law. For purposes of section 401(d) of the
Clean Water Act, the applicability of any state law authorizing remedies, penalties,
process or sanctions for the violation or threatened violation constitutes a limitation
necessary to assure compliance with the water quality standards and other pertinent
requirements incorporated into this certification,
In response to a suspected violation of any condition of this certification, the Santa Ana
Regional Water Quality Control Board (Regional Board) may require the holder of any
permit or license subject to this certification to furnish, under penalty of perjury, any
technical or monitoring reports the Regional Board deems appropriate. The burden,
including costs, of the reports shall be reasonable in relation to the need for the reports
and the benefits to be obtained from the reports.
In response to any violation of the conditions of this certification, the Regional Board
may add to or modify the conditions of this certification as appropriate to ensure
compliance. Pursuant to California Code of Regulations Section 3857, we will take no
California. Environmental Protection Agency
%D Recycled Paper
12/21/2005 16:58 9517816288
City of Newport Beach
PAGE 05/05
-4-
De ' 2005
further action on your application. Please notify our office five (5) days before
construction begins on this project.
This letter constitutes a Water Quality Standards Certification issued pursuant to Clean
Water Act Section 401: 1 hereby issue an order certifying that any discharge from the
referenced project will comply with the applicable provisions of Sections 301 (Effluent
Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality
Standards and Implementation Plans), 306 (National Standards of Performance), and
307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other
applicable requirements of State law. This discharge is also regulated under State
Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-
DWQ), General Waste Discharge Requirements for Dredge and Fill Discharges That
Have Received Water Quality Certification" which requires compliance with all
conditions of this Water Quality Standards Certification. Order No. 200-0017-DWQ is
available at www.swreb-ca.-goylte.s.deo/wciorders/2003/Wqo/�NMo2003-0017.pdf
Should there be any questions, please contact Adam Fischer at (951) 320-6363, or
Mark Adelson at (951) 782-3234.
Sincerely,
Al
GERARD J. THIBOEAULT
Executive Officer
cc: U. S. Army Corps of Engineers, Los Angeles Office — Dan Swenson
State Water Resources Control Board, OCC — Jorge Leon
State Water Resources Control Board, DWQ-Water Quality Certification Unit --
Oscar Balaguer,
California Department of Fish and Game, Ontario Office — Jeff Brandt
U.S. EPA, Tim Vendlinski, Supervisor of the Wetlands Regulatory Office WTR- 8
California E, nuironmental ]protection Agency
Recycled Asper
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF: November 21, 2005
Office of%the Chief
Regulatory Branch
Mr. Chris Miller
City of Newport Beach
Harbor Resources Division
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Miller:
Reference is made to your request (No. 200501678-CJF) dated, November 3, 2005,
for Department of the Army authorization to conduct minor maintenance dredging and
beach nourishment of 25 cubic yards of sand over a 0.007-acre area located at 26 and 27
Balboa Coves in Newport Bay, in the city of Newport Beach, Orange County
California. Specifically, the activity includes the use of mechanized equipment
(Bobcat/skidsteer) to remove 25 cubic yard of material from the low tide line and
deposit it above the high tide line to reinforce the existing bulkhead and restore sand to
the beach.
While this activity, along with the attached special conditions, meets the general
terms and conditions for authorization under Nationwide Permit Numbers 18 and 19
[Federal Register, January 15, 2002, pp. 2020-20951, we note that you do not have
Section 401 water quality certification from the California Regional Water Quality
Control Board (RWQCB). Therefore, your request is denied without prejudice. You
will receive authorization from the Corps when you have met the requirements
outlined below.
According to 33 CFR 330.4, 401 state water quality certification pursuant to Section
401 of the Clean Water Act, or waiver thereof, is required prior to authorization of your
project. You must therefore obtain Section 401 certification or waiver, or provide the
Corps with evidence that 60 days have passed since you applied to the RWQCB for
certification. Be aware that any conditions on your Section 401 certification will become
conditions on your Nationwide Permit authorization.
When you receive your Section 401 certification or waiver (or when 60 days have
passed since you applied), you should contact the Corps Project Manager for this
project, Corice J. Farrar, at (213) 452-3296. Please reference application 200501678-CJF in
Action
E-0 �eD
DRED ING PERMIT
Harbor Resources Divisio
Address: 2 6 � z,? Sal Vocl Cows
Pier Permit #: / a) - 2 c
Stat
Date:
Application Received
11� � ;
Eelgrass Inspection
Eelgrass
present
N
Date:
Gl 61i710'f
es
H. R. Approval to
Comme s:
Completed
Submit to Agencies
C �
Date:
6/A or
Sent to Corps/Costal
D e:
710 b
OK from Corps
Yes
l i Z 0 J�
Yes
No
OK from Coa tal
H. R.
Date:
Dredging pproval
Initials:
Comp
Comp tion Report
Date:
C ments:
IN
Miller, Chris
From: Adam Fischer [afischer@waterboards.ca.gov]
Sent: Thursday, December 15, 2005 8:14 AM
To: Miller, Chris
Subject: RE: fees for 26 balboa cove dredge project
That will be fine. The project was just posted for public notice on Monday and we can't
issue the certification until January 2 at the earliest because of our 21-day notice
requirement. --Adam
>>> "Miller, Chris"<CMiller@city.newport-beach.ca.us> 12/14/2005 5:18 PM >>>
Adam,
The homeowner will be submitting a check to you, but it probably wont'
be for a couple of weeks or so. We'll try not to delay this any more
than we have to.
Thanks,
Chris
-----Original Message -----
From: Adam Fischer [mailto:afischer@waterboards.ca.gov]
Sent: Wednesday, December 07, 2005 1:10 PM
To: Miller, Chris
Subject: fees for 26 balboa cove dredge project
Mr. Miller: Thank you for your application for Clean Water Act Section
401 Water Quality Standards Certification. In your application, you
requested that fees be waived for the project. Board staff has no
authority to waive fees under the current fee structure. The project
falls under category v, low impact discharges and a fee of $500 is due.
There is a 21-day public notice period that we have to satisfy. I
expect to have this project posted by the end of the week. --Adam
1
1
_ DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
. P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF: November 21, 2005
Office of the Chief
Regulatory Branch
Mr. Chris Miller
City of Newport Beach
Harbor Resources Division
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Miller:
Reference is made to your request (No. 200501678-CJF) dated, November 3, 2005,
for Department of the Army authorization to conduct minor maintenance dredging and
beach nourishment of 25 cubic yards of sand over a 0.007-acre area located at 26 and 27
Balboa Coves in Newport Bay, in the city of Newport Beach, Orange County,
California. Specifically, the activity includes the use of mechanized equipment
(Bobcat/skidsteer) to remove 25 cubic yard of material from the low tide line and
deposit it above the high tide line to reinforce the existing bulkhead and restore sand to
the beach.
While this activity, along with the attached special conditions, meets the general
terms and conditions for authorization under Nationwide Permit Numbers 18 and 19
[Federal Register, January 15, 2002, pp. 2020-20951, we note that you do not have
Section 401 water quality certification from the California Regional Water Quality
Control Board (RWQCB). Therefore, your request is denied without prejudice. You
will receive authorization from the Corps when you have met the requirements
outlined below.
According to 33 CFR 330.4, 401 state water quality certification pursuant to Section
401 of the Clean Water Act, or waiver thereof, is required prior to authorization of your
project. You must therefore obtain Section 401 certification or waiver, or provide the
Corps with evidence that 60 days have passed since you applied to the RWQCB for
certification. Be aware that any conditions on your Section 401 certification will become
conditions on your Nationwide Permit authorization.
When you receive your Section 401 certification or waiver (or when 60 days have
passed since you applied), you should contact the Corps Project Manager for this
project, Corice J. Farrar, at (213) 452-3296. Please reference application 200501678-CJF in
your letter. Your authorization could then be issued without further delay or
processing.
Furthermore, you must comply with the following non -discretionary Special
Conditions:
1. The permitted activity shall not interfere with the right of the public to free
navigation on all navigable waters of the United States.
2. No modifications or work shall occur to the docking structure.
3. A pre -construction survey of the project area for Caulerpa taxifolia will be
conducted in accordance with the Caulerpa Control Protocol (see
http://swr.ucsd.edu/hcd/ccpvl.htm) not earlier than 90 days prior to planned
construction and not later than 30 days prior to construction. The results of that
survey shall be transmitted to NOAA Fisheries and CDFG at least 15 days prior to
initiation of proposed work. In the event that Caulerpa is detected within the project
area, no work shall be conducted until such time as the infestation has been isolated,
treated, and the risk of spread is eliminated.
4. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings
thereof, oil or petroleum products, from construction shall be allowed to enter into or
placed where it may be washed by rainfall or runoff into waters of the United States.
Therefore, the permittee shall employ all standard Best Management Practices to
ensure that toxic materials, silt, debris, or excessive erosion do not enter waters of the
United States during project construction. Upon completion of berthing
improvements, any excess material or debris shall be removed from the work area
and disposed of in an appropriate upland site.
5. The permittee shall discharge only clean sand suitable for use in the oceanic
environment.
6. The permittee shall notify the Army Corps of Engineers of the date of
commencement of operations and the date of completion of operations at least five
days prior to such completion.
7. The permittee shall notify the Commander Eleventh Coast Guard District,
and the Coast Guard Marine Safety Office / Group LA -LB not less than 14 calendar
days prior to commencing work. The notifications, either letter, fax, or e-mail, shall
include as a minimum the following information:
a. Project description including the type of operation (i.e. dredging, diving,
construction, etc).
b. Location of operation, including Latitude / Longitude (NAD 83).
c. Work start and completion dates and the expected duration of operations. The
Coast Guard need to be notified if these dates change.
d. Vessels involved in the operation (name, size and type).
e. VHF -FM radio frequencies monitored by vessels on scene.
f. Point of contact and 24 hour phone number.
g. Potential hazards to navigation.
h. Chart number for the area of operation.
Addresses:
Commander,11th Coast Guard
District (oan)
Coast Guard Island
ATTN: Local Notice to Mariners
Building 50-3
Alameda, CA 94501-5100
TEL: (510) 437-2986
FAX: (510) 437-3423
U.S. Coast Guard
Marine Safety Office / Group LA -LB
ATTN: Waterways Management
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
TEL: (310) 732-2020
FAX: (310) 732-2029
8. The Permittee or their contractors shall not remove, relocate, obstruct,
willfully damage, make fast to, or interfere with any aids to navigation. The
Contractor shall notify the Eleventh Coast Guard District in writing with a copy to the
Contracting Officer, not less than 30 calendar days in advance of the time he plans to
operate any equipment adjacent to any aids to navigation which requires relocation or
removal. Should any federal aids to navigation (AtoN) be affected by this project, the
permittee shall contact the US Coast Guard AtoN office at (510) 437-2982.
9. If the work requires that private aids to navigation be established, the
permittee or contractor should contact Mr. Brian Aldrich of the US Coast Guard at
(510) 437-2983.
10. Upon the US Coast Guards receipt of the notification to start work, a copy of
the a.pplicant:s letter will be sent to the Coast Guard Captain of the Port (COTP) of Los
Angeles/Long Beach for review. The COTP may modify the deployment of marine
construction equipment or mooring systems to safeguard navigation during the
project. Questions concerning lighting, equipment placement, and mooring should be
directed to the COTP at (310) 383-1600.
11. The permittee shall send a post -project survey to the National Oceanic and
Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional
Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082,
Seaside, CA 93955-6711.
12. The permittee understands and agrees that, if future operations by the United
States require the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of
any such removal or alteration.
If you have any questions, please contact Corice J. Farrar of my staff at (213)
452-3296.
Sincerely,
vt'1
Mark Durham
Chief, South Coast Section
Regulatory Branch
obi
I
F
v
EWPp1P
LIFOB�lP
Action
DREDGING PERMIT
Harbor Resources Division
Address: 2 6 � z�? sQI6c, cow-5-
Pier Permit #: / o „- z. G
Status
Date:
Application Received
611-2/0
Eelgrass Inspection
Eelgrass
present
Nox
Date:
6 r' 611 7/6�(
Yes
H. R. Approval to
Comments:
Completed
Submit to Agencies
01< Cio
ate -
r
Sent to Corps/Costal
Date:
612 /&31-
OK from Corps
Yes
No
[ Z l ��
Yes
No
OK from Coastal
H. R.
Date:
Dredging Approval
Initials:
Completion Report
Date:
Received
Comments:
2s x zoj-��W-t _ 16 d rds
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
July 15, 2005
U.S. Army Corps of Engineers
Attn: Corice Farrar, Regulatory Branch
P. O. Box 532711
Los Angeles, CA 90053-2325
National Marine Fisheries Service
Attn: Bob Hoffman, Southwest Region
501 W. Ocean Blvd., Ste. 4200
Long Beach, CA 90802-4213
U.S. Fish and Wildlife Service
Attn: Jack Fancher
6010 Hidden Valley Rd.
Carlsbad, CA 92009-4219
California Fish and Game
Attn: Marilyn Fluharty
4949 View Ridge Ave.
San Diego, Ca 92124
CA Coastal Comm./Karl Schwing
P. O. Box 1450
200 Oceangate, 10`h Floor
Long Beach, CA 90802-4416
Re: Notification of Commencement of Work Under U.S. Army Corps of Engineers RGP 54
CONDITION COMPLIANCE, CDP 5-99-282, CC-077-01, CC-078-99
Dear Sirs:
As required by the above, we are forwarding you the attached exhibits relative to a pending
dredging application. Please note that this application reflects a change of scope from a
previously submitted application for this address on June 24, 2005. The reason for the change of
scope is because the original proposal requested importing sand, via hand carried wheel barrows,
from a land based location then placing it on the beach. Per the current RGP54 permit, importing
sand is not permitted.
Consequently, the applicant has decided to push sand up from the low tide line to above the high
tide line via a small tractor. Because of the increased expense of this operation, he has contacted
his neighbors who are also in need of sand near their bulkheads to see if they could help share
the burden. Therefore, the total cubic yards has increased from 60 to 165. In addition, the
neighbors who are in need of the dredging, live on the opposite side of the Cove in close
proximity. (See attached aerial.)
There are two concerns that may arise when evaluating this new proposal.
1. Eelgrass and Caulerpa surveys: The survey for the original application was completed by
Rick Ware with Coastal Resources Management in front of 26 & 27 Balboa Coves. This current
revised proposal requests dredging activities at 26 & 27 as well as on the opposite side of the
Cove in front of 34 — 39 Balboa Coves. Harbor Resources is requesting that the original eelgrass
and caulerpa survey cover these newly proposed areas based on the fact that the sites are in
close proximity and eelgrass has not been found in this extreme corner of the harbor to the best of
our memories.
The City could perform an inspection on Friday, July 22 at approximately 6:30 am during a
negative tide. Since the RGP54 expires on Sunday, July 24, 2005, we request that we email you
the results on the 22"d so we fall within the deadline criteria. However, please inform us if you feel
this is not warranted.
Unfortunately, the City is not qualified to perform a Caulerpa survey. The City requests that
CRM's survey be accepted for these new addresses.
2. Grain Size Analysis: The applicant only sampled in front of 26 & 27 Balboa Coves instead
of the other addresses. In light of the pending permit expiration and the length of time and
expense for another grain size analysis, the City is requesting that the original sampling cover
these newly proposed areas for the same reasons mentioned above.
Thank you for your consideration of this request. We would appreciate a response at your earliest
convenience so the applicant and City may react accordingly, prior to Friday, 5:00 pm.
Sincerely,
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
cmiller(a-)-city. newport-beach.ca. us
�wPo�� STATE & FEDERAL AGENCY
DREDGING APPLICATION
UPermit No.
Payment: S4465.00
(41
e- Check No: 45L o6 Date:
Project Location:
Latitude/Longitude: r
336�
, r->V `
Cubic Yards to be Dredged:
Method of Dredging: R
Nature of Dredged Material (Grain ize data):
Disposition( of Dredged Material-
P2(i "f adcd r ig4
Meth .d f Material Disposition:
Effect of Dredging on Contiguous Bulkheading and Beaches:
t"
2 I VC,
c-
J e-055C 5- Sa d 13-ea c (�
Project Begins: VPO� o�'��ZcEe 23cr Project EndsCE5 fvcam. Di u
d�
Marc Spiegel
CBS,LLC
26 Balboa Coves
Newport Beach, CA 92663
6-9626
marc7@pacbell.net Ph Fax: +1-949-66-1936
Cell: +1-714-272-7233
Page 2
Dredging Application
I, 04 V %- f ,(Applicant/Applicant's agent), hereby certify that I have
read the U. . Army Cor s 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 harmless
from and indemnify them against any claim for damages arising out of the exercise of
these permits. In addition, I, as the applicant 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.
M0, f-c a te��p 4'
Applicant — Pleasb Prin
Contractor — P ase Print
Date
Signed:
A li gent
4-
0
cd
R
CITY OF NWPO_
CITY OF
NENPORT BERCH
ZN
PRCIFIC t7C
ERN
VICINITY MRP
NNW MY, OUFUM
9-8L GRASS I 4SPECTION
(NO tk GRASS WI HIN 15' OF PROJEC �
I tk dMAIS IN TH PROJECT AREA
��i►ri� �l,{��/l7 �G�
EEL GRASS INSPECTION
NO EEL GRASS WITHIN 15' OF PROJECT
EEL GRASS IN THE MY BRYPROJECTAR�A� _ U _
O y► 9�/j sec -
SIGNATURE
Celyaa �/
SIGNATURE
6 lt,7 loIr
PERMIT # DATE
- HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
6Ii7/or'
wEsr
\�
'ATM PROFILE V = 40'
SOUNDINGS FRE EXPRESSED IN FEET AND DENOTE
ELEVATIONS,BRSED ON MERN LOWER LOW WRTER.
rt�
a�
PLM VIBN Im = 40'
IHPPLICRNT'S NME IJOB ADDRESS IDATE
June 17th, 2005
M & M Spiegel
26 Balboa Coves
Newport Beach, CA 92663-3226
Dear Mr. Spiegel:
Please find attached Coastal Resources Management's Phase 1 eelgrass (Zostera marina)
survey report, Caulerpa taxifolia survey report, and sediment grain size analysis report
for your proposed beach nourishment project. This information should be provided to Mr.
Chris Miller, at the City of Newport Beach Harbor Resources Division. His contact
number is (949) 644-3043.
The results of the survey indicate that no eelgrass or Caulerpa algae was found within the
proposed beach nourishment sites at 26 and 27 Balboa Coves or within a perimeter of 15
feet around the proposed beach nourishment sites. Sediments in the proposed beach
nourishment donor material consist of 97.4% sand or coarser material. Sediments at the
proposed receiver site are 100% sands or coarser material (dry weight basis).
Please give me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
�jicl Uce-4
Rick Ware
President/Senior Marine Biologist
Coastal Resources Management
PMB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (office/cell); (940) 675-2970 (fax); nvare.crm c earthlink.net
EELGRASS SURVEY REPORT
PHASE 1 LEVEL SURVEY
26 and 27 Balboa Coves, Newport Beach, CA (Newport Bay)
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work
is following the latest protocols. For fiuther information on these protocols, please
contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218.
* Required Information
Site Name:
26-27 Balboa Coves, Newport Beach, CA
(common reference)
Survey Contact:
Rick Ware, (949) 412-9446, rware.crm@earthlink.net
(name, phone, a -mail)
Permit Reference:
Coastal Commission and ACOE Permits Pending
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
Developed Harbor
(bay, estuary, lagoon, or
harbor)
Specific Location:
26-27 Balboa Coves, Newport Beach, CA
(UTM, Lat./Long., datum,
accuracy level, attach
NAD 83 State Plane CA VI MY): 6049053.77,
electronic survey area map
2173573.36
if possible)
Was Eelgrass Detected:
* Yes, Eelgrass was found at this
site.
* z No, Eelgrass was not found at
this site.
Description of
Addition of sand to existing sandy beach.
Permitted Work:
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site: Depth range: *
Water depths range between
(describe the physical and
approximately +4 ft to -6.6 ft MLLW.
biological conditions within
the survey area at the time
of the survey and provide Substrate
Sediments ranged from coarse sands
insight into variability, if type: *
and shell fragments in the shallower
known. Please provide units
depths (+4 to 0 ft MLLW) to sand in
for all numerical
the deeper depths (-1 to -6.6 ft MLLW).
information. Temperature:
Water temperature was in the 67 - 70
degree Fahrenheit range.
Salinity:
Salinity variable, from 20s to 35 ppt,
depending on depth and the time of
year.
Dominant
flora:
Dominant flora was Enteromorpha
intestinalis .
Dominant
Striped sea slug (Navanax inermis),
fauna:
Sponge (Haliclona sp.), Mussels
(Mytilus galloprovincialis), hydroids
(Corymorpha palma), topsmelt
(Atherinops affinis), bay goby
(Lepidogobius lepidus), juvenile barred
sand bass (Paralabrax nebulifer), white
surfperch (Phanerodon furcatus)
Exotic
No exotics were observed.
species
encountered:
Other site
description
notes:
Description of Survey
Effort:
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
Survey date
and time
period:
June 6, 2005 from 1045 to 1115.
Horizontal
10 feet on either side of the diver.
methods employed, date of
visibility in
work, and survey density
water:
(estimated percentage of the
bottom actually viewed).
Survey type
The underwater survey was conducted
Describe any limitations
and methods: *
using a snorkel. Transects were swam
encountered during the
approximately every 1-2 meters along
survey efforts.
the shoreline out to the pierhead line.
Transect visual width was
approximately 20 feet (10 feet on each
side of the diver). Bottom type,
common marine life, and the presence
or absence of Zostera marina was
noted. Depths were standardized to
Mean Lower Low Water (MLLW)
based upon time of observation and
tidal corrections for the Newport Bay
Entrance, Corona del Mar NOAA tidal
survey station.
Survey
The survey was conducted by Mr.
personnel: *
Stephen Whitaker, Senior Marine
Technician, of Coastal Resources
Management.
Survey
The total project area size within the
density:
Area of Potential Effect was 1,200
square feet (including buffer areas).
Survey
None
limitations:
Other Information:
(use this space to provide
See Project Area Location and Photograph (attached)
any additional information
or references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
26 Balboa Coves (outlined in red).
27 Balboa Coves is the property immediately to the north of 26 Balboa Coves
26 and 27 Balboa Coves Beach Nourishment Project Area (Photograph shows area in
front of 26 Balboa Coves)
CAULERPA TAXIFOLIA (INVASIVE ALGAE)
SURVEY REPORT
26 and 27 Balboa Coves, Newport Beach, CA (Newport Bay)
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:
June 6, 2005
Name of bay, estuary,
Newport Bay
lagoon, or harbor:
Specific Location Name:
2627 Balboa Coves, Newport Beach, CA
(address or common
reference)
Site Coordinates:
NAD 83 State Plane CA VI (X,Y): 6049053.77, 2173573.36
(UTM, Lat./Long., datum,
accuracy level, and an
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:
Rick Ware, (949) 412-9446, rware.crm@earthlink.net
(name, phone, a -mail)
Personnel Conducting
The survey was conducted by Mr. Steve Whitaker, Senior Field
Technician, of Coastal Resources Management.
Survey (if other than
above): (name, phone,
e-mail)
Permit Reference:
PENDING
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
This is the first survey done for this project.
survey for this project?
Was Caulerpa Detected?:
Yes, Caulerpa was found at this site and
(if Caulerpa is found, please
has been contacted on date.
immediately contact NOAA
x No, Caulerpa was not found at this site.
Fisheries or CDFG personnel
identified above)
Description of Permitted
Addition of sand to existing sandy beach, approximately 60 ft long by
Work: (describe briefly the
30 ft wide.
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
+4 ft to -6.6 ft MLLW
Substrate type:
Sediments ranged from coarse sands and shell
fragments in the shallower depths (+4 to 0
MLLW) to sand in the deeper depths (-1 to -6.6
MLL
(describe the physical and
biological conditions within the
survey area at the time of the
survey and provide insight into
variability, if known. Please
Temperature:
65 degrees F
provide units for all numerical
information).
Salinity:
30-33 ppt
Dominantflora:
Enteromorpha intestinalis
Dominant fauna:
Striped sea slug (Navanax inermis), sponge
(Haliclona sp.), bay mussels (Mytilus
galloprovincialis), hydroids (Corymorpha palma),
topsmelt (Atherinops affinis), bay goby
(Lepidogobius lepidus), juvenile barred sand bass
(Paralabrax nebulifer), and white surfperch
Phanerodon rcatus .
Exotic species
None
encountered
(including any
other Caulerpa
species):
Other site
description notes:
Description of Survey
Survey date and
June 6, 2005 from 1045 to 1115.
Effort:
time period. -
(please describe the surveys
Horizontal
10 feet on either side of the diver.
conducted including type of
visibility in water.
Survey type and
methods:
The underwater survey was conducted using
snorkel during a 3.4 ft MLLW ebbing tide.
Biologist noted bottom type, dominant bottom
dwelling organisms, depth and the presence or
absence of Caulerpa along (I2) transects each
approximately 20 feet long. Depths were
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
standardized to Mean Lower Low Water (MLLW)
based upon time of observation and tidal
Describe any limitations
encountered during the
survey efforts.
Other Information: (use
this space to provide
additional information or
references to attached maps,
corrections for the Newport entrance, Corona del
Mar tidal survey station.
Surveypersonneb I Mr. Steve Whitaker, Senior Field Technician, of
Coastal Resources Management.
Survey density: The total beach nourishment project area size
within the Area of Potential Effect is 1,200 sq ft.
Of the 1,200 sq ft in the APE, 1,200 sq ft of
seafloor were surveyed. This accounts for 100 %
of the area within the proposed beach nourishment
area.
Survey limitations: I No survey limitations.
See Project Area Location and Project Area Photos (attached)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
26 Balboa Coves (outlined in red). 27 Balboa Coves is immediately North
of 26 Balboa Coves
26_27 Balboa Coves, Newport Bay, CA Project Site
SEDEWENT GRAIN SIZE ANALYSIS REPORT
LA\
ASSOCIATED LABORATORIES
806 North Batavia - Orange, California 92868 - 7141771-6900 FAX 7141538--1209
CLIENT Coastal Resources Management (11261) LAB REQUEST 151625
ATTN: Rick Ware
PMB 327, 3334 E. Coast Hwy. REPORTED 06/14/2005
Corona Del Mar, CA 92625 RECEIVED 06/06/2005
PROJECT 26/27 Balboa Cove, Newport Beach, Sediment Analysis
SUBMITTER Client
COMMENTS
This laboratory request covers the following listed samples which were analyzed for the parameters indicated on the attached
Analytical Result Report. All analyses were conducted using the appropriate methods as indicated on the report. This cover letter is an
integral part of the final report.
Order No.
625901
625902
Client Sample identification
Donor Sand Material
Receiver Site Material
TTtank you for the opportunity to be of service to your company. Please feel free to tall if there are any questions regarding this report
or if we can be of further service.
ASSOCIATED LABORATORIES by,
Tito L. Parola
President
NOTE. Unless notified in writing, all samples will be discarded by appropriate disposal protocol 30 days from date reported
ThemportsoftheAssociated Laboratoriesareconfidanial property TESTING & CONSULTING
p pertyoCourclirntsand Chemical
may not bereptoduced orusod Corpublication in part or in full without ouruiitten Microbiological
permission. This is for the mutual protection of the public, our clients, and ourselves, Environmental
Lab request 151625 cover, page 1 of 1
Order #: 625901 Client Sample ID: Donor Sand Material
Matrix: SOLID
Date Sampled: 05/06/2005
Time Sampled: 12:00
Analyse Result DLR Units Date/Analyst
Silt and Clay - EPA/CE-81-1
_ ._._Greater than 2000 -- -- _
Sand (2000-62.5 microns)—_
-----°%_..
L- - 87.91 --- - % -
Order #: 1 6259021 Client Sample ID: Receiver Site Material
Matrix: SOLID
Date Sampled: 05/06/2005
Time Sampled: 12:00
Analyse
Silt and Clay - EPA/CE-81-1
_— 06/08/05 BGS
06/08/05 BGS
Result DLR Units Date/Analyst
Greater than 2000 11.9 % 06/09/05 BGS
Sand 2000-62.5 microns 88.7 % 06/09/05 BGS
DLR = Detection limit for reporting purposes, ND = Not Detected below indicated detection limit
ASSOC U TFD LAB_n_ATORLES Analytical Results Report
Lab Request 151625 results, page 1 of 1
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 July 24, 2005
(562)590-5071
Mr. Tom Rossmiller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consistency Certification CC-078-99 R CC-077-01
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or
CC-077-01 for the following sites in the City of Newport Beach:
City Harbor
Permit #
Site Address
Beach
Disposal
Q - cu. ds
Ocean
Disposal
Qtyt cu. ds
Cumulative
Total' for
2005
175-630
630 Via Lido Nord
167
0
1011-26
26 & 27 Balboa Coves
165
0
Sub -to t 1
5793
1200
1
Y ar-to-date total
986
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components 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 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. 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 CC-077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC-078-99 and CC-077-01 and/or CDP 5-99-282, as amended. 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 CC-077-01 and/or CDP 5-99-
282, as amended, is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mr. Mark Delaplaine, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
$ Not to Exceed 20,000 cubic yards per year
2
neighbors who are in need of the dredging, live on the opposite Side of the Cove in close
proximity. (See attached aerial.)
There are two concerns that may arise when evaluating this new proposal.
1. Eelgrass and Caulerpa surveys: The survey for the original application was completed by
Rick Ware with Coastal Resources Management in front of 26 & 27 Balboa Coves. This current
revised proposal requests dredging activities at 26 & 27 as well as on the opposite side of the
Cove in front of 34 — 39 Balboa Coves. Harbor Resources is requesting that the original eelgrass
and caulerpa survey cover these newly proposed areas based on the fact that the sites are in
close proximity and eelgrass has not been found in this extreme comer of the harbor to the best of
our memories.
The City could perform an inspection on Friday, July 22 at approximately 6:30 am during a
negative tide. Since the RGP54 expires on Sunday, July 24, 2005, we request that we email you
the results on the 22"d so we fall within the deadline criteria. However, please inform us if you feel
this is not warranted.
Unfortunately, the City is not qualified to perform a Caulerpa survey. The City requests that
CRM's survey be accepted for these new addresses.
2. Grain Size Analysis: The applicant only sampled in front of 26 & 27 Balboa Coves instead
of the other addresses. In light of the pending permit expiration and the length of time and
expense for another grain size analysis, the City is requesting that the original sampling cover
these newly proposed areas for the same reasons mentioned above.
Thank you for your consideration of this request. We would appreciate a response at your earliest
convenience so the applicant and City may react accordingly, prior to Friday, 5:00 pm.
Sincerely,
Gl�-�5 Md�i
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
cmiller(@city.newport-beach.ca.us
EWP -"NN
July 15, 2005
CITY Or NEWPOP l BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
U.S. Army Corps of Engineers
Attn: Corice Farrar, Regulatory Branch
P. O. Box 532711
Los Angeles, CA 90053-2325
National Marine Fisheries Service
Attn: Bob Hoffman, Southwest Region
501 W. Ocean Blvd., Ste. 4200.
Long Beach, CA 90802-4213
U.S. Fish and Wildlife Service
Attn: Jack Fancher
6010 Hidden Valley Rd.
Carlsbad, CA 92009-4219
California Fish and Game
Attn: Marilyn Fluharty
4949 View Ridge Ave.
San Diego, Ca 92124
CA Coastal Comm./Karl Schwing
P. O. Box 1450
200 Oceangate, 10th Floor
Long Beach, CA 90802-4416
South -
�Cosf o
Region
jt/C ?. 0 2005
BOAS aAL�Q�N/A
M/ss/ON
Re: Notification of Commencement of Work Under U.S. Army Corps of Engineers RGP 54
CONDITION COMPLIANCE, CDP 5-99-282, CC-077-01, CC-078-99
Dear Sirs:
As required by the above, we are forwarding you the attached exhibits relative to a pending
dredging application. Please note that this application reflects a change of scope from a
previously submitted application for this address on June 24, 2005. The reason for the change of
scope is because the original proposal requested importing sand, via hand carried wheel barrows,
from a land based location then placing it on the beach. Per the current RGP54 permit, importing
sand is not permitted.
Consequently, the applicant has decided to push sand up from the low tide line to above the high
tide line via_a small tractor. Because _of_the increased expense of this operation, he has contacted
his neighbors who are also in need of sand near their bulkheads to see if they could help share
the burden. Therefore, the total cubic yards has increased from 60 to 165. In addition, the
��WPO
C9LrFOR�l
Action
DREDGING PERMI i
Harbor Resources Division
Address: 2 6 � z,? C6w-5-
Pier Permit M /o)i- 2
Status
Date:
Application Received
Eelgrass Inspection
Eelgrass
present
NoX
Date:
d 1�7�U�
Yes
H. R. Approval to
Comments:
Completed
Submit to Agencies
�l �� G�
�J
Date:61111cr
Sent to Corps/Costal
Date:
Yes
No
OK from Corps
Yes
No
OK from Coastal
H. R.
Date:
Dredging Approval
Initials:
Completion Report
Date:
Received
Comments:
�vw 'O��, S T ATE & FEDERAL AGENCY
DREDGING APPLICATION
v Permit No. 10 il- z b
Payment: Sy 6s.0 0
C� Check No: *#'5(.G6 Date:
``�LIFpR�l
Project Location:
Latitude/Longitude: 1� 33"3
u'� t [ , C>
Cubic Yards to be Dredged:
Method of Dredging:
per, —
Nature of Dredged Material (Grain size data):
Disposition of Dredged Material,
r r•P�r(�i RiQ�
Meth .d f Material Disposition: r
Pv 5 _n(i
Effect of Dredging on Contiguous Bulkheading and Beaches:
Project Begins: Uk" /W (6,:ctf --: r Project Ends;A j frrc. ,Sid:?`
Marc Spiegel
C &_S,I
26 Balboa Coves.
Page 2 Newport Beach, CA 92663
Dredging Application Phone: +1=949-646-9626
marc7a@pacbell.net Fax: +1-949-646-1936
Cell: +1-714-272-7233
I, CX t ,(Applicant/Applicant's agent), hereby certify that I have
read the U. . Army Cor s 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 harmless
from and indemnify them against any claim for damages arising out of the exercise of
these permits. In addition, I, as the. applicant 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.
Maf-c- �ip-rev,,W'
Applicant — Pleasb Print
'U 1
Contractor — P ase Print
6 T- 1 i --
Date
Signed:
A li gent
EEL CRASS INSPECTION
IVU ��L caRASa �� � Mai i � yr rRvvcv i
L CRASS IN THE PROJECT AREA
G, � j-� �iV (�v SeC A � al''Gt �e �Ls's5 �.•v�' y
SIGNATURE
PERMIT# DATE
a zs
CITY OF NEWPORT B
June 17th, 2005
M & M Spiegel
26 Balboa Coves
Newport Beach, CA 92663-3226
Dear Mr. Spiegel:
Please find attached Coastal Resources Management's Phase 1 eelgrass (Zostera marina)
survey report, Caulerpa taxifolia survey report, and sediment grain size analysis report
for your proposed beach nourishment project. This information should be provided to Mr.
Chris Miller, at the City of Newport beach Haiuur Resources Division. His contact
number is (949) 644-3043.
The results of the survey indicate that no eelgrass or Caulerpa algae was found within the
proposed beach nourishment sites at 26 and 27 Balboa Coves or within a perimeter of 15
feet around the proposed beach nourishment sites. Sediments in the proposed beach
nourishment donor material consist of 97.4% sand or coarser material. Sediments at the
proposed receiver site are 100% sands or coarser material (dry weight basis).
Please give me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
"Rick (1�
Rick Ware
President/Senior Marine Biologist
Coastal Resources Management
PUB 327, 3334 E. Coast Highway, Corona del Mar, Ca 92625
(949) 412 9446 (officelcell); (940) 675-2970 (fax); rware.crmnearthlink.net
EELGRASS SURVEY REPORT
PHASE 1 LEVEL SURVEY
26 and 27 Balboa Coves, Newport Beach, CA (Newport Bay)
Form
(Version 1
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work
is following the latest protocols. For further information on these protocols, please
contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218.
* Required Information
Site Name:
(common reference
Survey Contact:
26-27 Balboa Coves, Newport Beach, CA
Rick Ware, (949) 412-9446, r,.=,,are.crm@earthlink.net
Permit Reference: Coastal Commission and ACOE Permits Pending
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System: Developed Harbor
(bay, estuary, lagoon, or
Specific Location: 26-27 Balboa Coves, Newport Beach, CA
(UTK Lat./Long., datum,
accuracy level, attach NAD 83 State Plane CA VI MY): 6049053.77,
electronic survey area map 2173573.36
ifpossible)
Was Eelgrass Detected: I * Yes, Eelgrass was found at this
site.
X
No, Eelgrass was not found at
this site.
Description of
Addition of sand to existing sandy beach.
Permitted Work -
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site:
(describe the physical and
Depth range: *
Water depths range between
approximately +4 ft to -6.6 ft MLLW.
biological conditions within
the survey area at the time
of the survey and provide
Substrate
Sediments ranged from coarse sands
insight into variability, if
type: *
and shell fi-agments in the shallower
known. Please provide units
depths (+4 to 0 ft MLLW) to sand in
for all numerical
the deeper depths (-1 to -6.6 ft MLLW).
Water temperature was in the 67 - 70
information. Temperature:
degree Fahrenheit range.
Salinity: Salinity variable, from 20s to 35 ppt,
depending on depth and the time of
Survey
The survey was conducted by Mr.
personnel: *
Stephen Whitaker, Senior Marine
echnician, of Gaastal Resources -
Management
Survey
The total project area size within the
density:
Area of Potential Effect was 1,200
square feet (including buffer areas).
Survey
None
limitations:
Other Information:
See Project Area Location and Photograph (attached)
(use this space to provide
any additional information
or references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
26 Balboa Coves (outlined in red).
27 Balboa Coves is the property immediately to the north of 26 Balboa Coves
26 and 27 Balboa Coves Beach Nourishment Project Area (Photograph shows area in
front of 26 Balboa Coves)
CAULERPA TAX WOLIA (INVASIVE ALGAE)
SURVEY REPORT
26 and 27 Balboa Coves, Newport Beach, CA (Newport Bay)
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 Cmderpa survey policy. It is incumbent upon the
authorized permittee to ensure that survev 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:
June 6, 2005
Name of bay, estuary,
Newport Bay
lagoon, or harbor:
Specific Location Name:
2627 Balboa Coves, Newport Beach, CA
(address or common
reference)
Site Coordinates:
NAD 83 State Plane CA VI (X,Y): 6049053.77, 2173573.36
(UTM, UtA-ong., datum,
accuracy level, and an
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:.
Rick Ware, (949) 412-9446, rware.crm@earthlink.net
(name, phone, e-mail)
Personnel Conducting
The survey was conducted by Mr. Steve Whitaker, Senior Field
Technician, of Coastal Resources Management.
Survey (if other than
above): (name, phone,
e-mail)
Permit Reference:
PENDING
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
This is the first survey done for this project.
survey for this project?
Was Caukrpa Detected?:
Yes, Caulerpa was found at this site and
(if Caulerpa is found, please
has been contacted on date.
immediately contact NOAA
Fisheries or CDFG personnel
x No, Caulerpa was not found at this site.
identified above)
Description of Permitted
Addition of sand to existing sandy beach, approximately 60 ft long by
Work: (describe briefly the
30 ft wide.
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
+4 ft to -6.6 ft MLLW
Substrate type:
Sediments ranged from coarse sands and shell
(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
fragments in the shallower depths (+4 to 0
MLLW) to sand in the deeper depths (-1 to -6.6
MLLW)•
Temperature:
65 degrees F
Salinity:
30-33 ppt
information).
Dominant flora:
Enteromorpha intestinalis
Dominant fauna:
Striped sea slug (Navanm inermis), sponge
(Haliclona sp.), bay mussels (Mytilus
galloprovincialis), hydroids (Corymorpha palms),
topsmelt (Atherinops affinis), bay goby
(Lepidogo&vs lepidus), juvenile barred sand bass
(Paralabrax nebulifer), and white surfperch
Phanerodon catus .
Exotic species
None
encountered
(including any
other Caulerpa
species):
Other site
description notes:
Description of Survey
Survey date and
June 6, 2005 from 1045 to 1115.
Effort:
time period:
Horizontal
10 feet on either side of the diver.
(please describe the surveys
conducted including type of
visibility in water:
Survey type and
The underwater survey was conducted using
survey (SCUBA, remote
video, etc.) and survey
methods:
snorkel during a 3.4 ft MLLW ebbing tide.
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed)_
Biologist noted bottom type, dominant bottom
dwelling organisms, depth and the presence or
absence of Caulerpa along (12) transects each
approximately 20 feet long. Depths were
standardized to Mean Lower Low Water (MLLW)
based upon time of observation and tidal
corrections for the Newport entrance, Corona del
Mar tidal survey station.
Describe any limitations
Survey personnel-
Mr. Steve Whitaker, Senior Field Technician, of
encountered during the
Coastal Resources Management
survey efforts.
Survey density:
The total beach nourishment project area size
within the Area of Potential Effect is 1,200 sq ft.
Of the 1,200 sq ft in the APE, 1,200 sq ft of
seafloor were surveyed. This accounts for 100 %
of the area within the proposed beach nourishment
area.
Survey limitations:
No survey limitations.
Other Information: (use
See Project Area Location and Project Area Photos (attached)
this space to provide
additional information or
references to attached maps,
reports, etc-)
Caulerpa Survey Reporting Form (version 12, 10/31/04)
jM
-
�.�r�•;.- .L 1. a�.. �� � ' fir+ �
� m±r
3 s
26 Balboa Coves (outlined in red). 27 Balboa Coves is immediately North
of 26 Balboa Coves
SE]DINlENT GRAIN SIZE ANALYSIS REPORT
806 North Batavia - Orange, California 92868 - 7141771-6900
CLIENT Coastal Resources Management (11261)
ATTN: Rick Ware
PMB 327, 3334 E. Coast Hwy.
Corona Del Mar, CA 92625
PROJECT 26/27 Balboa Cove, Newport Beach, Sediment Analysis
SUBMITTER Client
COMMENTS
FAX 7141538--1209
LAB REQUEST 151625
REPORTED 06/14/2005
RECEIVED 06/06/2005
This laboratory request covers the following listed samples which were analyzed for the parameters indicated on the attached
Analytical Result Report All analyses were conducted using the appropriate methods as indicated on the retort. This cover letter is an
integral part of the final report
Order No.
625901
625902
Client Sam>Dle identification
Donor Sand Material
Receiver Site Material
Thank you for the opportunity to be of service to your company. Please fees free to call if there are any questions regarding this report
or if we can be of further service.
ASSOCIATED LABORATORIES by,
Tito L. Parola
President
NOTE.- Unless notified in writing, all samples will be discarded by appropriate disposalprotocol 30 days from date reported
TESTING & CONSULTING
Thereports ofthcAssociated Laboratories arcconfidential property ofourclieots and Chemical
may not bereproduced orusod forpublication in part or in full without ourwritim Microbiological
permission. This is for the inutual protection of the public, our clients, and ourselves. EnWronmental
Lab request 151625 cover, page 1 of 1
Order #: 1 6259011 Client Sample ID: Donor Sand Material
.Matrix: SOLID
Date Sampled: 05/06/2005
Time Sampled: 12.00
Analyte Result DLR UnitB Date/Analyst
Silt and Clay - EPA/CE-81-1
Greater tban2000 _ — _ _— 9.51 __% _ 06/08/05 BGS
Sand (2000-62.5 microns) _L_ 87.91 _ %_ 06/08/05 _ BGS _
Order #: I 625902 Client Sample ID: Receiver Site Material
Matrix: SOLID
Date Sampled: 05/06/2005
Time Sampled: 12:00
Analyse Result DLR Units Date/Analyst
Silt and Clay - EPA/CE-81-1
— -- --------
Greater than 2000 [ -- — 11.91 - — _ _—% _ 06/09/05 BGS
Sand 2000-62.5 microns 88.7 % 06/09/05 BGS
DLR = Detection limit for reporting purposes, ND = Not Detected below indicated detection limit
ASSOC'U TEn LA BORATORMV Analybcai Results Resort Lt
Lab Request 151625 results, page 1 of 1