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M2013-0025
DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS - - \ - P.0 BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325- - REPLY TO ° ATTENTION OF September 5, 2013 i Regulatory Division Thomas Corkett 304 Buena Vista Boulevard Newport Beach, California 92663 Dear Mr. Corkett: Reference is made to an email from Swift Slip Dock and Pier Builders, Inc.; dated July 18, 2013, requesting modification of the activities originally specified in Permit No. SPL -2012- 00766 -SME, which authorized you to conduct work or place structures in navigable waters of the United States, associated with the 304 Buena Vista Boulevard Boat Dock Modification Project, located in the city of Newport Beach, Orange County, California (Figure 1). Under the provisions of 33 CFR 325.7(b), your permit is modified to authorize the following regulated activities: 1. Remove an existing, 805 -square -foot, u -shaped floating dock (Figure 3) to reduce its width by approximately six feet and area by approximately 30 square feet. The proposed dock footprint would be approximately 775 square feet (Figure 4); 2. Remove two existing concrete piles at the northeast and southeast corners of the existing dock (Figure 3); and 3. Re -install the two existing concrete piles approximately six feet to the west of their original locations (Figure 4). The terms and conditions of Permit No. SPL -2012 -00766 -SME, except as changed herein, remain in full force and effect. Please note that a copy of this letter is being forwarded to the following agencies: U.S. Fish and Wildlife Service, Attention: Mr. Jim Bartel, Field Supervisor, Ecological Services Field Office, 6010 Hidden Valley Road, Carlsbad, California 92011; U.S. Environmental Protection Agency, Attention: Mr. Jason Brush, Supervisor, Wetlands Regulatory Office (WTR-8), 75 Hawthorne Street, San Francisco, California 94105; and California Department of Fish and Game, Attention: Mr. Ed Pert, Regional Manager, 4949 View Ridge Avenue, San Diego, California 92123. Thank you for participating in our regulatory program. If you have any questions, please contact Stepben F.sies at ?.I 1-452-3660 or via e-mail at Stephen. M. F:stes(Musace.armv_miI -2— Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army.mil/survey.html. Sincerely, Corice J. Fa ar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures �1gNT Opp QI TBO• .,....::: X84= • • ''miss a� P Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 - - LOS ANGELES. CALIFORNIA 90053-2325 Thomas Corkett 304 Buena Vista Boulevard Newport Beach, California 92663 Dear Mr. Corkett: Apri14, 2013 RECE11 ED APR 16 20 REGULATORY DIVISION LOS ANGELES OFFICE Reference is made to your request (Corps File No. SPL -2012 -00766 -SME), dated October 2, 2012, for a Department of the Army (DA) authorization to construct the 304 Buena Vista Boulevard Boat Dock Modification Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached Figures 1-4. Specifically, you are authorized to conduct the following regulated activities: L Remove an existing, 805 -square -foot, u -shaped floating dock (Figure 3) to reduce its width by approximately seven feet and area by approximately 35 square feet. The proposed dock footprint would be approximately 770 square feet (Figure 4); 2. Remove two existing concrete piles at the northeast and southeast corners of the existing_ dock (Figure 3); and 3. Re -install the two existing concrete piles approximately seven feet to the west of their original location (Figure 4). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. Both signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached pages to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at_Stephen.M.Esteskusace.army.mil. yNT Op 16 4e 2 .4 o�`�asrnres or a�' e4 • • Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Thomas Corkett 304 Buena Vista Boulevard Newport Beach, California 92663 Dear Mr. Corkett: July 18, 2013 Enclosed you will find a signed copy of your Department of the Army Permit (Corps File No. SPL -2012 -00766 -SME). Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army.mil/survey.html. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures 2 Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://pert.nwp.usace. armv.miUsurvey.html. Enclosures PERMITTEE Sincerely, ?�� Corice J. Farr Chief, Orange and Riverside Counties Section South Coast Branch DA E 3 When the structures or work authorized by this permit are still in existence at the time the property is transferred; the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE 4 PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on April 4, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. 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 4 below. Should youwish 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. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit -to this office to validate the transfer of this authorization. 5. 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. 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 as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation. of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A silt curtain shall be deployed around the project site throughout the duration of project - related activities. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure 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 be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 7. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d1lLNM@uscg.mil Website: http://www.useg.mit/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; iv. Vessels involved in the operation (name, size and type); Col v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 8. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 9. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of 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 Regulatory Division, 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. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). 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 projector 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. Re-evaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation include, but are not limited to, the following: 8 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 re-evaluation may result in a determination that it is appropriate to use the suspension_, modification, and revocation procedures contained in33 CFR §325.7 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. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. M LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -00766 -SME Name of Permittee: Thomas Corkett Date of Issuance: April 4, 2013 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): 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 permit, you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: OR 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.amiy.mil 2. FAX this certification, after signing, to: 213-452-4196 3 MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00766-SME 915 Wilshire Boulevard Los Angeles; California 90017 10 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -00766 -SME Name of Permittee: Thomas Corkett Date of Issuance: April 4, 2013 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): 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 permit you may be subject to permit suspension, modification, or revocation. I hereby certify the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date - Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.army.mil OR 2. FAX this certification, after signing, to: 213-452-4196 OR 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00766-SME 915 Wilshire Boulevard Los Angeles, California 90017 lmagmv Cat, a ..2011 32093 Gcngle Data USGS lat _3.506472' len -117.907,126' el— : II eyc all 130: ti 2027 Placentia Avenue C asta Mesa, CA 92627 ! I 949 631-3121, , � f -� i - -1----._•:._ -•t----,-. ice___ � -___ � f t ! y ! I lit ' I . Eli rr , r ; f V�t, - - - - -- r- -� - j--- - - r 1 ;i DOCK AND PIER- ; . BUILDERS -I i J Applicant: Thomas Corkett File Number: SPL -2012 -00766 -SME Date: 04/04/2013 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: II 'I you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. r� .�— __ �, --.. - - � `_� - ,`,gid �; � - . ��f Project Location VIA' Ae 'A n 3 ,- Of& -Jft Ba Y'Ave Ip —Eyeat Image"'; Date 3,'3U1 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for fiirther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or yourobjectionsto an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify. the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: Stephen M. Estes U.S. Army Corps of Engineers Regulatory Division, Los Angeles District 915 Wilshire Boulevard Los Angeles, California 90017 Phone: (213) 452-3660 Fax: (213) 452-4196 Email: stephen.m.estesCusace.anny.mil If you only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.i.cavanauahna.usace.armv.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: I Telephone number: of appellant or 2027 Placentia Avenue Costa Mesa, CA 92627 P,Iac.enti a Avenue C osta92617 Q + f Project Location \ t • v a= k: T 4'�' - -. i• ^mks' �• f Qr s.` �' � ^ •��� ��� +� ,°` .rte . � � ;, ° 2-3,'G - ` �'+�• _ t: «:.. $Wi c(� o�� q k , ' 1 � Ima�cly Dato 3k%k201]. +� ,.. Eye alt lab..a3 fi453aF icn 1d7.'fi424°,elev 4 it•, r d� 'tl! iii lYr • h e}' �• - VY"L � ss• S _ 3> New olt Eeach�- x 's • x Jr '8 • w` x'.'i'�T• . q ✓: (. rpyCy Rx F w C _ t y PP'yi 5 1 t_ S � ,ems' •.•... ��" ... 1 7C .r v s �':a �F �0 � ... '}'p F•.,ij`V® 1 � 1 �r P $ Y Y 8'd �� � yyF� `.. _ ,. -• �ewPoit Island w. a ., 4 r «� P` sg ' ®4 •a. ¢�„�,,�'. `, ,.Coney Islantl w, p lAnda Isle W ; ° r' _�✓ .. _ t� r NexxpoltEay �•`� Beacon Pay f ^ +:i. x .�!n' -,t _.._. _ ter• �` ^c-..'.-.;� .. .... }rojectFr.Locatlon's'Ftif ; 1�1. Harbor+lsldnd f Bay Island a. 6 2017GoogIC ii Data USGS .. .,r,:c�cGOJle 10 LOS ANGELES DISTRICT U S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: Name of Permittee: Date of Issuance: SPL -2012 -00766 -SME Thomas Corkett April 4, 2013 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): 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 permit you may be subject to permit suspension, modification, or revocation. I hereby certify the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: Met OR 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.army.mil 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00766-SME 915 Wilshire Boulevard Los Angeles, California 90017 9 LOS ANGELES DISTRICT U.S. AR11Y CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -00766 -SME Name of Permittee: Thomtas Corkett Date of Issuance-, April 4, 2013 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if army) - Please note that your permitted activity is subject to a compliance inspection by an finny Corps of Engineers representative. if you fail to comply with this permit, you may be subject to permit suspension, modification, or revocation. I hereby certify that 1, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. �rgnature ot1'ermittoe At least ten days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: OR. m E-MAIL a statement including all the above information. to: Stephen. M.Bstes a?usace.army.miI 2. FAX this certification, after signing, to: 213-4.52-4196 MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00766-SME 91.5 Wilshire; Boulevard Los Angeles, California 90017 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 re-evaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR §325.7 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. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. i Permittee will be required, upon due notice from. the Corps Regulatory Divisions 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. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). 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. y. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for tlx: 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) Daniages to persons, property, or to other permitted or unperin.itted 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. Re-evaluation of Perrxnit Decision. This office may reevaluate its decision on this permit at anv time the circumstances warrant. Circumstances that could require a re-evaluation include, but are not limited to, the. following: I v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter 1, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Pennittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 9. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of 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 c) measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d) 'The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material. is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A silt curtain shall be deployed around the project site throughout the duration of project - related activities. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure 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 be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed f:roin the work area and disposed of in an appropriate upland site. 7. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11 th Coast Guard Di strict (dpw) ,Telephone: 710-4137-2980 E-mail: dl 1 LNM@uscg.mil Website: http://www.uscg.mil/dp/Iiimrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@,,uscg.mil a) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. `The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDT` file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. 'The Coast Guard needs to be notified if these dates change; iv. Vessels involved in the operation (name, size and type); S PERMIT CONDITIONS General Conditions: The time limit for completing the authorized activity ends on April 4, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. 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 4 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. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. 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. 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 as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE P Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://pert.nwr).usace.army.mil/survey.html. Sincerely, Corice J. Farrar Chief; Orange and Riverside Counties Section South Coast Branch Enclosures I X�L�Z_ ��Wg PERMITTEE DAT sp REPLY rO ATTENTION OF Regulatory Division DEPARTMENT THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P. O. BOX 532711 1 n8 ANGELES. CALIFORNIA 900534325 Thomas Corkett 304 Buena Vista Boulevard Newport Beach, California 92663 Dear Mr. Corkett: April 4, 201.3 Reference is made to your request (Corps File No. SPL -2012 -00766 -SME), dated October 2, 2012, for a Department of the Army (DA) authorization to construct the. 304 buena Vista Boulevard Boat Dock Modification Project. tinder the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached hit-- 1-4. Specifically, you are authorized to conduct the following regulated activities: 1. Remove an existing, 805 -square -foot, u -shaped floating dock (Figure 3) to reduce its width by approximately seven feet and area by approximately 35 square feet. The proposed dock footprint would be approximately 770 square feet (Figure 4); 2. Remove two existing concrete piles at the northeast and southeast corners of the existing dock (Figure 3); and Re -install the two existing concrete piles approximately seven feet to the west of their original location (Figure 4). The owner or authorized responsible official must sign and date all copies of this Leiter of Pennission (LOP) indicating that he/she agrees to the workas described and will comply with all conditions_ Both signed copies of this LOP inust be returned to the Corps Regulatory Division. In addition, please use the two attached pages to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that: the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in )3 Code of Federal Regulations (CFR) part 331. The complete appeal process is dia.grarnrned in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 21 -452-3 660 or via e-mail at Steppers.M.Es _., sace.armv.rnil. X INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Pei-mission) B PER-MITI)ENIAL C APPROVED JURISDICTIONAL DETERMINATION A: INITIAL PROFFERED PERMIT: You play accept or object to the permit, ACCEPT: If YOU received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. 013,J]",CT: If you object to the permit (Standard or LOP) because of certain terms and conditions thereill, You may request that the permit be modified accordingly. You must complete Section It of this forin and return the form to the district cri-tlincer. Your objections Must be received by the district engineer within 60 days of the date of this notice, or you will forfeit Your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate Your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some Of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating Your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit 0 ACCEPT: If you received a Standard Permit, You may sign the per document and return it to the district engineer for final authorization. If you received a Letter of Permission (1,01)), you may accept the LOP and your work is aUthOrlZed. Your signature on the Standard Permit or acceptance of the 1,01) means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the Permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) bMaLISC of certain terms and conditions therein, You may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the fortri to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 0 C: PERMIT DENIAL: You may appeal the denial of a permit Under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forni and sending the form to the division engineer. This form must be received by the division en.,ineer within 60 days of the date of this notice. D: APPROVED,RJRISDICTI(.)NAL, DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JE), you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1.1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARYJURISDICTIONAL, DETERNIT . NATION: You do not need to respond to the Corps regarding the prehininary JD. T tic Preliminary 11-) is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also You may provide new information for further consideration by the Corps to reevaluate the JD. IZEAS�I*IS F£9R APPEAL, OR {9BJEC TIOt°iS; (19escribe your reasons for appealing the decision or your S to an initial proffered hermit in clew° concise statements. �'ou may ataach additiortal infor°elation to this form to clarify where your reasons ar- objections are addressed in the administr•<rtive record.) --------- - — — - ---- - --- - — -- ---- -- - ADDITIONAL ---------- ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps metnorandLffu for the record of the, appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. I lowever, you may provide additional informatiori to clarify the location of information that is already in the administrative record. LW ALA If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal Process You may contact: you may also contact: Stephen M. Estes "Phomas J. Cavanaugh U.S. Army Corps of Engineers Administrative Appeal Review Officer, Regulatory Division, Los Angeles District U.S. Ariny Corps of Engineers 915 WiIshire Boulevard South Pacific Division Los Angeles, California 90017 1455 Market Street, 2052B Phone: (213) 452-3660 Fax: (213) 452-4196 San Francisco, California. 94103-1399 Email: ssLepLiqq..n.-estes i�,ras ce.at .111 Phone: (4 15) 503-6574 Fax: (415) 503-6646 Email: thorpasj.cq, iLau,_j-.i usace.arim.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, arid will have the opportunity to participate in all site Telephone number: S 1 gnature of appellant. or agent. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 Date: July 9, 2013 Permit No: 5-12-306 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on May 24, 2013 and was reported to the Commission on June 13, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our. office. CHARLES LESTER Executive Director By:—V4 14,1-- Title: Coastal Program Analyst California Coastal Commission South Coast District Office APPROVED an = Permit No.---/-- Bl•----- AMM ................ EFFECTIVE 411.311 tee.. FC I -Ty " NEWPORT _ CITY Of WNPORT .cm m pP�r��� °CERN ��wi3 r VICiPdliY SRP I PROFILE i IIS FEE EXPRE55EI) IN FELT R40 DENOTE t IQMS RqSU ON HERE L04ER LO MTER. 04 LA- } ;x \ QCyt s tv P Nt 0�OL rj a. QCL ZD CJi r t "t C .� ti QL ILI C7l _ w Ed 13J DE 1 JV Z GgY .a� EXHiGiT :1.- PAGE. 2-0 2 7 P l~ a y e -n_ t l a A,v e- n .0 e o 's t 6, M e --s- a, C A 9 2 6.2 7 9 4 9 6 3 1 2 t axnia Coast Commis Aon -- ,- ' L--.Cn�ast 2 rich Office w_ ^ At'P OVED l T. DaW STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-12-306 200 Oceangate, Suite 1000 Date: May 23, 2013 Long Beach, CA 90802-4302 .w (562) 590-5071 Page 1 Of 8 APPLICANT: AGENT: PROJECT DESCRIPTION PROJECT LOCATION: Th5a ADMINISTRATIVE PERMIT Tom Corkett Swift Slip Dock & Pier Builders, Inc. Attn: Peter Swift 1 Jacquelyn Chung Remove and relocate two existing 14" square concrete piles at the headwalk and end of dock's east finger; narrow slip width by 6 feet; reuse existing dock frame, decking, and fascia. 304 Buena Vista Boulevard, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: June 13, 2013 — 8:30 a.m. City of Long Beach City Council Chambers 333 West Ocean Boulevard Long Beach, CA 90802 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its -contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Analyst 5-12-306-[Corkett] Administrative Permit Page 2 of 8 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall_ not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application: Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting ail terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four (4) to eight (8). EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Location and Description and Previous Commission Approval On -Site 1. Proiect Location and Description The subject dock is located at 304 Buena Vista Blvd. in the City of Newport Beach (Exhibits #1-3). Single-family residences characterize the subject site and the surrounding area. The project involves the removal and relocation of two existing 14" square concrete piles at the headwalk and the end of the existing dock's east finger; narrowing the existing boat slip by 6 feet; reusing the existing dock frame, decking and fascia. The proposed project is a narrower U-shaped dock. The existing boat slip is 25 feet wide. The new slip would be 19 feet wide. The fingers will continue to be 54' long and T wide. The existing 43'x 4' pier, 10' x 12' pier platform and 20'x 3' gangway will remain, along with an 8' x 4' dock landing. There are also three 4' by 4' knees. The existing and proposed dock extend no further than the pierhead line, which is consistent with the existing development pattern in the area. Total water coverage for the narrower dock 5-12-306-[Corkett] Administrative Permit Page 3 of 8 float, pier, pier platform, gangway, and piles is 1,043 square feet, 30 square feet less than the existing pier, pier platform, gangway, landing and dock float. (Exhibits #4-5) The dock project will be used only for boating related purposes to serve a single-family residence. As required by the City of Newport Beach Harbor Resources Division, a preliminary eelgrass survey was conducted on October 5, 2012. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). The project is agendized for the June 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa taxifolia survey was done on October 5, 2012, No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the June 2013 Coastal Commission meeting. The Caulerpa taxifolia survey is not valid since 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition No. 3 also identifies the procedures necessary to be completed prior to beginning any construction. The proposed project received an approval in concept from the City of Newport Beach Harbor Resources Division on May 23, 2013. (Exhibit #6) The applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board (RWQCB). On April 4, 2013, the U.S. Army Corps of Engineers issued a Provisional Letter of Permission (Provisional LOP) for the dock project (Army Corps File No. SPL -2012 -00766 -SME). The nearest public access to the bay front is a sandy beach located at West Bay Avenue at Buena Vista Boulevard next to the proposed project. (Exhibit #7) Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. 2. Previous Commission Approval on Site On September 11, 2003, the Commission approved Administrative Permit 5-03-259 for Applicant Bitona Corporation, Attn: Thomas Corkett, to remove and replace an existing 54'x 30' U-shaped dock, relocate an existing gangway, relocate two 14° piles, remove one existing 14" piles and install two new 16" "T" piles. The existing pier and approach remained in place. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. 5-12-306-[Corkettj Administrative Permit Page 4 of 8 C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982 The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. 5-12-306-[Corkettl Administrative Permit Page 5 of 8 (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets_ (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed inn -a manner that protects water quality pursuant to the implementation of the following BMPs. 5-12-306-[Corkett] Administrative Permit Page 6 of 8 (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelcirass Survey(s) A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) surrey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active.growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department -of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) 5-12-306-[Corkettj Administrative Permit Page 7 of 8 business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum .1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project'), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa faxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa faxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. faxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. faxifolia, No revisions to the project shall occur without a Coastal Commission approved amendment to this 5-12-306-[Corkett] Administrative Permit Page 8 of 8 coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX - EMAIL:_ jacguelyn. chupciCa-sbcglobal. net www.swiftslipdocks.com 4 October 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr: Brown: We are acting as agents for the applicant listed below. This is notification that we intend to Remove a 7 x 5 section at the existing headwalk and remove and re -set 2 existing pile at the address referenced below. it is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Thomas Corkett . 2. Project Address: 304 Buena Vista Boulevard Newport Beach, California 92663 3. Applicant Phone_ 949.631.3121 4.Parcel Number: 048 031 02 5. Scope of Work: Remove a 7 x 5 section at the existing headwalk"and remove and re -set 2 existing pile. 6. Latitude/Longitude: N33.6049894, W-117.9081950 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DUCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 18, 2012 Property Address: 304 Buena Vista Blvd. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7 In accordance with Municipal Code 10.28 040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while enqaqed in construction. remodelina. diaaina grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall riot encroach upon the .neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernernmost side of the float is 8'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 17'. Lisa Walters, Harbor Resources Date Z%/� Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace 2 existing pile -one at finger and one at headwalk of Northeast finger. Decrease slip size b (30sq. ft. Re -use existing dock frame, decking and facia. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Propertv Address: 304 Buena Vista Blvd. Legal Description: Harbor Permit Number: 115-614 Plan Check Number: 1825-2012 Applicant: Tom Corkett Applicant's Mailing Address: 304 Buena Vista Blvd., Newport Beach CA 92661 Phone Number: 949-631-3121 have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find '*;& They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Iters, Harbor Resources October 17, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Print dorm F Comm'I F Residential Worksheet for Building Combo Permit Application City of Newport Beach - Building Division u i NOTE: PLAN CHFCK FFF ni IF AT TMAP nG ci IDRAI A ]"Building !— Grading [--Drainage F_Eiec r Mech F` Plum Cu Yd Cut PA16 Project AddressNot mailing 9 address ) 0-} Floor Suite No boo LWWD OCT o Description of Work Cl OF i BEACH Use �t 1 �U & l YPACA /,,' /, Stories # Units (if Res) Valuation $ d� Material/Labor 41 Wo New/Add SF Remodel SF Garage/New/Add F OWNER'S NAME Last I' First O M Owner's Address Owner's E-mail Address VMA YAVICMAYA Jacquelyn.chung@sbcglobal.net City Newport Beach �i State California Z;p Telephone 949.631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address Applicant's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First ^� .j Architect/Designer sAddress Architect/Designer's E -maid 1eQs N EWPORT BACn City State zip Telephoner— elep oneENGINEER'S ENGINEER'SNAME Last Bazley FirstTim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 Jacquelyn.chung@sbcglobal.net City San Pedro State California Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier builders Lic. No. 797052 Class A Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ DEVELOPMENT # kc, PLAN CHECK FEE $ 25`10 TOTAL FEES PAID $ CITY OF NEWPORT BEACH CITY OF ;//LFPER NEWPORT BERCHNOTN61PORT 4 qtr 51w�� � Bfi7 C "CERN _ .. '. QST VICINITY MRP JEM \ PROFILE 1' = 40' r ter' JETS MINES F%EBFiSEXPRESSED LN FEET W TE ED ON MERN LOWER LOW WRTER. -- - N Zr %5 1q oleo Fo s, CP .�� e�� V p ■ t � � a�'4���6L6 =fid /�����'bii 4Z 0 CIr o O `2 E-, U CX0 L4J _� c� }� O U N z , 0 C �L7to' r �I p) et .S c (n C lv LU � c n U' LLI co W 1.40 All s T NRIE DRt , CITY OF NEWPORT BERCH CITY OF NEWPORT BENCHPPER r iN ST T MY 1 1.4�' _DyyjFI , Ic EAN (n kUT VICINITY MRP 1EM PROFILE 1` = 40' r oar my, axmmwm JETTY (Jd li3INGS FW EXPRESSED IN FEET AM DENOTE TTONS a9SED ON MERN LOWER LOW WRTER. oP 'f OA' �P C',.Pd dye Q•, J� I? ,SPS 0 17, + r1 1 °c� - ro 1.4�' CITY OF NEWPORT BEACH F HEMPORTCITY OBERM C21 6, BRY BRY--t IT, ARC OCERIV CL E wFsr cu VICINITY MRP JEM PROF I LE I w 401 0 co MWOU 3W, aErrrSMMM FiRE EXPRESSED IN FEET AM DENOTE QLWIM ffEED ON MIN LGIER LOW MTER. 7_ 2 0 2 7 P la a a a t i a A -v e a u 9 C a s t a M s s a, C A 92927 .949 6 3 1 3 1 2 1 In W 22 C> - 2).0 —0 Er n LU Ui z Q C> Em�� mign - mi MERN ,et 2 eadw,,,_, 11ger by 7,(3S , ormeas M Sq. ft.) . ""ger laild lacia. C Diu. Vol I I'Mr-il IT. CL E cu 0 co .2) In W 22 rA w w 4 -CD Ez 9 - 2).0 —0 w G)o LU Ui z MERN ,et 2 eadw,,,_, 11ger by 7,(3S , ormeas M Sq. ft.) . ""ger laild lacia. C Diu. Vol I I'Mr-il IT. Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipoocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 1 October 2012 Re: Tom Corkett 304 Buena Vista Boulevard Newport Beach, California 92661 Remove and reset 2 existing pile. 1 at finger and 1 at headwalk of Northeast finger. Decrease slip by 7' (35 sq.ft.) Reuse existing dock frame, decking, and facia Document # 1 — Assessors Map Document #2 — Aerial View of Project Site Document #3 — Project Site Document #4 — Drawing of Existing Floating Dock Document #5 — Drawing of Proposed Floating Dock -,&d p -ro5 se-[LFC_� P _ .Q: Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?5erviceName=n... 10/1/2012 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey October 5, 2012 Date of Preliminary Survey: October 5, 2012 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 304 Buena Vista, Newport Beach CA No Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 PRELIMINARY SURVEY Page 1 of 11 DIVE WORKS -0T 3 429-0 Shoreline Village Drive Long Beach, CA 90802 Tom 3 ett 304 Buena if-0 fipp�s�✓'� 9 3 y 304 Buena Vista Newport Beach, CA Preliminary Survey October S. 2012 Swift Slips Dock & Fier Builders, Inc. Costa Mesa, California Preliminary Survey Report Prepared October 5, 2012 M Dive Works Robert Wiegand Survey assistance by Sean Donovan PRP;I_,lt` INA1ty SURVEY Page 2 of 11. wil")j, DIVE WORKS (949) 59-077 304 Buena Vista 429-0 Shoreline Village DriveNewport Beach, CA Long Beach, CA 90802 Preliminary Survey October 5, 2012 List of Tables 4 List of Figures 4 Current Situation 5 Survey Method 5 Survey Findings 5 Discussion 5 Caulerpa Survey Form 5 Eelgrass Survey Form 10 PRELIMINARY SURVEY Page 3 of 11 ,'m d DIVE WORKS 429-0 Shoreline Village Wive Long Beach, 0A 90 302 Buena304 Vista Newport Beach, CA Preliminary Survey October 5; 2012. Tablel . Tides and Currents for Newport Beach, CA October 5, 2012 ................ ................... .............................................................. .................... 0 List of Figures Figure 1. Location of 304 Buena Vista ,Newport Beach .....................................................................................................................6 Figure 2. Give Transects for 304. Buena Vista , Newport Beach ....................................................................................................................7 Figure 3. Proposed Changes for 304 Buena Vista ,Newport Peach .....................................................................................................................7 PRELIMINARY SURVEY Page 4. of 1 O � DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey October 5, 2012 Customer (Tom Corkett) at 304 Buena Vista , Newport Beach, CA is proposing to reduce width of existing dock. Construction has not started; this is a Preliminary Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey conducted October 5, 2012 beginning at 1515 hr approximately N Lat 33.60542 90 W Long -117. 908443. Day was sunny with air temperature 75* F. Water temperature was 73' F. Depth ranged from 0' at sea wall to 10' at end of dock. Visibility was 1' foot. See Table 1 Survey area delineated spanning 60 ft parallel to sea wall and 130 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to sea wall. Lane width was approximately 6 ft wide scanning approximately 1 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form) see Figure 2. Fauna: Observation included mussels on piles and Skates (Sting Rays). Remainder of survey area was sand and dirt (sediment). Visibility was 1' ft. The water depth ranged from 0' at sea wall to 10' at end of dock. See Figure 2 Eelgrass (Zostera marina) was not observed, see Figure 2. This Preliminary Survey observations finding, see Figure 2, shows impact to habitat to be minimal. Figure 3 is proposing reduce width of existing dock by seven (7') feet. Impact to navigational waters in the opinion of this writer would be reduced. The navigational impact would not be significant to prevent or hinder passage of other boats around or past this dock but actually increase lane width for passage of boats between this dock and neighbors dock east of project site. Proposed changes reduces floating dock footprint from 805' sq ft to 770' sq ft Since no eelgrass was observed impact to marine life would be considered minimal. PRELIMINARY SURVEY Page 5 of 11 tDIVE WORKS 429Shoreline Village Drive ® Buena 11t Newport Beach, CA b, Long Beach, CA 90802 Preliminary Survey October 5, 2012 It is recommended to conduct a Post Construction survey to determine impact to habitat and navigational waters upon approval and completion of this proposed project. Determining the need for two annual surveys in accordance with SCEMP guidelines monitoring the impact of this project can be determined at time of Post Construction Survey. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and maintaining clearing navigational channels for boaters. Table 1 a Tides and Currents for Newport Beach, CA2012. October NEWPORTBAY INTRANC j, CORONA DEL MAR, CA StationId4 9410580 _ad, Tics :---= irt_ on in FL -el BZrk is stail Sf i me U n LST,i LDT e,. Ustin-, Dari.im Pi Lw ?s��. ,`Yit��5-?L�l�,'3i�,��r Bookmark WE -1 a 5x00 5K _J 4 50 M 4400 R 3,5® 3.00 tv, 2,54 as u,. 2>00 9.,59 9 00 Dive Time 1630 ate Predicted HL io/05 io/05 9.0/05 10/05 10/06 10/06 -10/06 10/06 10/07 Date/Ticar; (L3T/LDT) PRELIMINARY SURVEY Page. 6 of 11 304 Buena Vista Newport Beach, CA Preliminary Survey October 5, 2012 ort Beach !L .ff ad PRELIMINARY SURVEY Page 7 of 11 429-0 Shoreline village Drive Long Beach, CA 90002 304 Buena Vista Newport Beach, CA Preliminary Survey October 5, 2012 MEMMMMEM This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish fir. Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name. 304 Buena Vista Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 ®iveWork Gmail.com Permit References (ACOS Permit No., GCC Permit No.) Hydrographic System: Newport Harbor -- (bay, estuary, lagoon, or harbor) Specific Location: N 33 0 60542 9° Lat (UTM, Lat./Long., datum, accuracy level, attach W -117.908443° Long electronic survey area map if possible) Was Caulerpa Detected- - - No Description of Permitted Work: (describe briefly the work to be conducted at the site E r the permits identified above) Reduce width of existing "U" dock PRELIMINARY SURVEY Page 8 of 1.1 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Newport Beach, C Long Beach, CA 90802 Preliminary Survey September 12, 2012 This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 304 Buena Vista Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33 . 60542 9° Lat (UTM, Lat./Long., datum, accuracy level, attach electronic W -117.908443° Lon g survey area map if possible) Was Eelgrass Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site under the Reduce width of existing "U" dock permits identified above) PRELIMINARY SURVEY Page 10 of 11 DIVE WORKS �,949) 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey October 5, 2012 Caulerpal Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' — 10' Bottom is sediment, Sand and Dirt. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 75' Air 73' Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exotic species encountered - None Coulerpa Other site description notes: Description of Surveyrvey Survey date and time period. Suconducted us -Ing SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE : October 5 , 2012 surveyed. (SCUBA, remote video, etc.) and survey methods employed, date of TIME :1630 PM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 1.1 Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporl:ing Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 9 of 11 ZF()4L��Y HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 October 18, 2012 Property Address: 304 Buena Vista Blvd. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other, related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." o Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either sided ® Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernernmost side of the float is 8'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 17'. Lisa Walters, Harbor Resources Applicant Signature AM Print Name late Joint Icier Applicant Signature (if applicable) Print Fume fate Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing float and replace with 54'x 30' U shaped float. Existing approach and pier to remain with no changes. Relocate existing an wa . Install 2 new 16" pile and relocate 2 existing 14" pile. Property Address: 304 Buena Vista Blvd. Alc/n� b /'-/ 6a y Avc- w Legal Description: Harbor Permit Number: 115-W4' � Plan Check Number: 1448-2003 Applicant: William Corkett Applicant's Mailing Address: 304 Buena Vista Blvd, Newport Beach, CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Zoning rdinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager, Harbor Resources Signature: e �f .,� Otllev Chris Miller, Harbor Resources Supervisor June 4, 2003 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 i � ��� ,fir - v r -2,'S mew 70 on tir i, 0,44 A VlCliQ)TY SkETCH 4rr 'y i t N.LwPOgT SAY qAt IFORNIA EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PFQDJECT 0 EEL GRASS IN THE PROJECT ARI§k SIGNATURE =.E 115 (0/,S/04 � ?; 20 I . PERMIT# -MM� ee Co-' 7 -RA 03 4 cn a 4 S m 0 1417 41, ee Co-' 7 -RA 03 4 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICATION HARBOR RESOURCES DIV. r�WPoR 8C 0' F. NEWPORT BEACH I1(OF NEWPORT BEACH �,1Fp0.N�z BUILDING DEPARTMENT 11-# 1 ASF PRINT (1R TYPF kT q 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR- SU_ ITE NO. V 1.5iAL LEGAL DESCRIPTIG No. UNITS; ❑ 4.a ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. LOT BLOCK TRACT ARCHITECT/DESIGNER'S E-MAIL ADDRESS. 2. DESCRIPTION OF WORK {e V4 011-e j 11fe F1494USE / 0 64 -Xe - t # OF STORIES Ll /# r f` f' 1_ VALUATION $ NEW bk ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box 3 OWNER'S NAME LAST FIRST OWNER'S ADDRESS, OWNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 4.a ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS. CITY STATE ZIP " PHONE NO. 0 5. ENGINEER'S NAME ST FIRST STATE LIC. NO. ENGINEER'S ADDRESS i ENGINEER'S E-MAIL ADDRESS L,°f; 116 . CITY - STATE ZIP PHONE NO. ❑ 6 CON RACTOR'S NAME f=,.- BUSINESS LIC. STATE LIC. No. 79 �W - Class L 7` CONTRACTOR'S ADDRESS / ? CONTRACTOR'S E-MAIL ADDRESS �= CIT STATE ZI ` PHONE NO. OFFICE USE ONLY PERMIT NO,.- O.TYPE OF CONSTRUCTLON JUN O 4 20RAN CHECK NO (; TYPE PLAN CHECK FE .$ i __j I OCCUPANCY - GROUP PLAN CHECK ENG. r Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department Don Duffy %veno V f �► Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelgrass Yes No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Q `c w eo 3.00 I y d \ C // /ICI ul TY SKETCH v w4l,Xnr �� % , i/Air1S D Na wpowr .BqY qA4 iFvaner,a I y. :.� EEL GRASS INSPECTION 5 Ib NO EEL GRASS WITHIN 15OF PROF 5 z5.; O EEL GRASS -IN THE,PROJ ECT ARES \ f �Irt S SIGNATURE / o PERMIT # E ,v e w HAR R OURCE§r, I OF NE PORT BW_ III j `1 10, :.f I C,KiSf' � APPRo144ti Pied '�►` � � J II ` I CAfo C stal Comtni - v Sout ssi n 'ct ast D t Office - s `7 �'r. �j u rr ,•. � t Date: o q ri49 v3 • LI 1 ' / / T � .wR��Y ! { i�i��.� rrw.•777 .r..w.�.-"�+..-� 4 A,-Y�//Y . , r =o -� 4O(� p ssd ) A !/ �/? V i S T'a• Ca,vr� coo rrty . ' �,� rte- 2 - c; STATE OF CALIFORNIA —THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 www.coastal.ca.gov Date: September 17, 2003 Permit No. 5-03-259 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above. permit number which was sent to you on August 22, 2003 and was reported to the Commission on Thursday, September 11, 2003 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the. Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER 4. DOUGLAS Ekecativdl Director By: F IE J. SY Coastal Program Analyst M CALIFORNIA COASTAL COMMISSION STATE OFCALIFORNIA- THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-03-259 ?00 Oceangate, Suite 1000 � ung Beach, CA 90802-4302 Date: August 21, 2003 t562> 590-5071 Page 1 of 6 TH 4c ADMINISTRATIVE PERMIT APPLICANT: Bitona Corporation; Attn: Thomas Corkett PROJECT DESCRIPTION: Remove and replace an existing 54'x 30' U-shaped dock; relocate an existing gangway; relocate two (2) 14" piles; remove one (1) existing 14" pile and install two (2) new 16" piles. The existing approach and pier will remain in place. PROJECT LOCATION: 304 Buena Vista, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, September 11, 2003 9:00 am Eureka Inn 518 Seventh Street Eureka, CA 95501 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Fernie J. Sy Title: Coastal Program Analyst 5-03-259-(Bitona) Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITI0 See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which: pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said develcr�ry;ent is in conformity with the provisions of Chapter 3 of the Coastal Act of 1.976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The subject site is located at 304 Buena Vista in the City of Newport Beach (Exhibits #1-2). Single- family residences characterize the subject site and the, surrounding area. The proposed project (Exhibit #3) involves the following: removing and replacing an existing 54'x 30' U-shaped dock; relocating an existing gangway; relocating two (2) 14" piles; removing one (1) existing 14" pile and installing two (2) new 16" piles. The existing approach and pier will remain in place. The floating dock system will only be used for boating related purposes. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the _project area. The site has not been surveyed for Caulerpa taxilfolia, therefore a pre -construction Caulerpa taxilfolia survey must be conducted. These eelgrass and Caulerpa taxilfolia survevs are valid for a limited nerind of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not 5-03-259-(Bitona) Administrative Permit Page 3 of 6 occur within the respective time periods, a subsequent survey will be required. If any eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal public access to the bay is available to the adjacent west of the project site at a public beach (Exhibit #2). The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock. development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. _ Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-03-259-(Bitona) Administrative Permit Page 4 of 6 SPECIAL CONDITION': Water Quality A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries_ anti-frPP7PwActA rliacal kPrncono nnri minorni cnirifn mill ..... ........ .... ... ...n .vu.arnw rrnI be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. 5-03-259-(Bitona) Administrative Permit Page 5 of 6 (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Pre -Construction Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy' Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass -survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5-03-259-(Bitona) Administrative Permit Page 6 of 6 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCA-). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman National Marine Fisheries Service (562/980-4043)1 D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing H:\fsy\Staff Reports\Sept03\5-03-259-[Bitona]AP(NB) v r ^- a (.- PHONE - 45 th 1 01. L r bH 0 f c 'k Z; Qr) Nk 0I c fu% am co% TA L C ur% Inv"I invl 13 S 10 N A .02 EXHIBIT # PAGE OF tf 1 t ate.+d_o<. w o , Ir(L •L T -3.ao A lcAya 1 i Atli.' / ♦ Q �c a ✓ VlClllll TY SKETCy-4 i lCl1S A' NL wvopr BAy CAL iipR NlA .r(, ,yr'I L GRASS INSPECTION 8 5 25 5 io � NO EELE EGRASS WITHIN 5'' O P Ra ' O EEL GRASS-IN THE,PROJECTAREk SIGNATURE L PERMIT—# FA: r owHAR R OURCE§j OF NE PORT Be e � I GkiSt!g . Lli C h"nTAL C i N"YJISS1011� RPPRo,9cti Pi est J �l I` I E HIBIT # P GE I OF_L_ - 2 /('7 S2. 17 r t , 0 1 69/24/2003 21:52 9496313122 SWIFT DEPARTMENT OF THE ARMY IROS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA X8-2325 July 2, 2003 REPAY TO ATTENTION OF: Office of the Chief Regulatory Branch Thomas Corkett/Bitona Corporation C/o Swift Slip pock and Pier Builders Attention: Beth Swift 2027" Placentia Ave Costa Mesa, California 92627 Dear Mr. Corkett: Say Gvena PAGE 09 Reference is made to your request of June 13, 2003 (File No. 200301.151-SJH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S,C. 403), you are ,hereby authorized to modify an existing boat dock by replacing two (2) 5 -foot by 54 -foot fingers and a 30 -foot backwalk. This dock also requires the installation of two (2) new 16 -inch piles, dry - driven, and the relocation of two (2)14 -inch piles and a 3 -foot by 24 -foot gangway. The dock modification will take place in Newport Bay, in the city of Balboa, Orange County, California, as shown on the enclosed drawings, The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as descn$ed and will cormply with all conditions. One of the signed copies of this Letter of Permission must be retuxned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch PEI&TTEE pE.r" e,J, DATE 69/24/2003 21:52 9496313122 SWIFT PAGE 02 .,,! California R; -ional Water Quality (- )ntrol Board Santa Ana Region Winston Hickox internet Address: hap ilwww.swrcb.ca.gov Gray Davis Secretary for 3737 Muir) Street, Suite Soo, Riverside, California 9250 1 -3348 Governor Environmental Phone(909)782-4130 ),AX(909)781-6288 Protection June 17, 2003 Beth Swift Swift Slip Dock and pier Builders 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, THOMAS CORKETT OF BITONA CORPORATION, 304 BUENA VISTA, NEWPORT BEACH[, ORANGE COUNTY Dear Ms. Swift: if standard dock construction methods and materiais are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary :for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909)782-3288. Sincerely, 1 omeno (Jun) T. 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HCW46or /.ices are eayobl�aro i+a 7�4;5 .5ccl-e0o 00r vew,~1 Bar 0 II B Brl____ Ov ''✓ /G A .� ® gogess °/-,5ra.r IC.-7-AFAer.A CITY OF W FWPO1f # R AIS r --A R v L S HARBOR PERNiff PERMISSION IS HEREBY GITAKTtED TO CONSTRUCT AK; MAINTAIN THE FACILITY SHOWN OFA ; v,S?E �?EVER � tISREOF- AT THE SITE INDICATED, sUBJi:.::�T" TO THE s'ROV'SIIONS 0' THE HARBOR PERMIT POUCMS Lir ?:.Z"e'a' z0 T REACH bAi>' ANY SPECIAL COI'dOZT8d'N . L. STSU T411S BPERM4 5 NOT TRANSFEI&AEiL V44V'M4UT THE '�xt�; �'3"e Elva CONSENT J" THE CITY HARBOR BOR COOiiWINAT;Sn Cil"y COUKCIL. T'Iu RIGHTS GWEN UNDEP "I "" P"M; e k� u m "'7VkISSIVE ONE-` AND THIS PEGaMPT MAY BE RE1'C•fs O B Z'Z CITY COtIHC IN ACCORDANCE WITH TiT"LE 37 A00F TEE ,p-9 U2QCtPAL COr;?' C-14Y—ItA �klz SPECIAL CONDITIONS: COrps Of Enoneers Permit Orange Cou* Permit Other C 7f 5 PERMIT ISSUE® SUBJECT TO DREDGE IWATERIAL BEING HAxU EC TO SE PLACED ON SEAC4 > 0 CITY OF NEWPORT REACH HARBOR . PERMIT PeRMISSION IS rIEp..E t+ $xlS�z.,n5' D To CONSTRUCT AMC MAINTAIN THE FACEPTYX,0%"4 0T1;9 IvF°5uE SE NEREOF, AT THE SITE I,1VlD;CAT`ZD, TO THE HARBOR PE-FMA3T Z ACH fi1NI ANY SPECIAL t+41�'-S PN^ Rla" IS NOT FIA S1+'EV'AnS.' 0':� � �� g°ti � �, ,� i ' ; ° '�"ke C!D,,!, ;C—N i 0 THE Ca' Y HARBOR W.? � �k�t°nA�,a-ivy ' �'"£' ���" C. SIMCA . Tit RIGHT'S G'.�TLN 4y+1vOCEP -FHU' a *,�� a ';-, i� n ', °(, I'<.'� � � 0111 L AND THIS 6'I RWHT MAY 6`2 EvSE' OAE I�,v CAT'S C---w*i.3'a. IN ACCORDANCE WiT`H TIT` IF TE., &"v' UN?,C'" A CODE C Y AP R ORDINATOR 7 -7 PERMIT NO. ®ATE SPECIAL CONDITIO Corgis of Engineers PermR -2 -/-- 7 f� Orange County Permit Other: A J,loRj Z0 'BY C9-Y COUNCIL CITY OF NEWPORT BEACH HARBOR PERMIT, PQRMISSION IS K:ERF3v GfiANTIED TO C+C NSTROCT ARir FIAIFITAIIeI THE F f�FI �'k �! %1,tG `tC + T » + M 'tdL v HERE AT THE SITS Ii�E3� CA"�C�} � bs � ^.e.` TO 9:�y': V@ !Slo S+ 0 THS FdPiIiI3OIi P :S'v O ;'� �,srx �,x£wA fa.r.AC'wi f��B': ANY SPEC6AL f:O"t WIVION iI..aT4H�S a1E'�t. IS i$OT lr`n.'1►�i°.�"aI-I,I�6 &LE . tai °r3�s':`� �a,:; 4� a » 3 i SPaT THE C� Q °�lr' HARBOR Tb �r, � 7"�y� ,� "� �r "'� -�.� ter. �A�,S-�r �• ®C �. ;JADER Til H � lic �" �11� �' "�Y•LG L l A JS AND THAS PERh"T 'h AY V'Y TH"". IN ACCORDANCE WITH '!'BTP.E 1' -IE V4'2 L VE. a IIA 8C 0 R PER IT NO- ®ATE SPECIAL CONDIT N& Capps of Engineers P'ermk -,2 7 Orange County Permit Other: AUTHORIZED. BY CITY COUNC& �� �� �._ .. ����. �� � � R �'I / �, EPLY 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 September 30, 1998 Mr. Wes Armand City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 SUBJECT: NOTICE TO PROCEED (File No. 98-00712-YJC) Dear Mr. Armand: Reference is made to your letter dated September 23, 1998 in which you submitted on behalf of Mr. Bill Corkett who resides at 304 Buena Vista, Newport Beach, a notification for the maintenance dredging of 122 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that Mr. Corkett's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Jae Chung of my staff at (213) 452-3292. Please refer to this letter and 98-00712-YJC in your reply. Sincerely, I Mark Durham Chief, South Coast Section Enclosure(s) CITY OF NEWPORT BEACH FIRE MARINE D`-.-ARTMENT HARBOR PERMIT APPLICATION (Please print all information) Bill Corkett — 1350 Sussex Lane,,Newport Beach, CA 92663 642-5523 1. Applicant (Property Owner) Address Telephone 304 Buena Vista //5'-F Harbor Permit Number 3. New Construction Revision Maintenance Dredging X 4. Fee $358. 00 Check No. 5. Brief Description of Proposed Work: maintenance dredging 0923 Date 8/31/98 6. Submit 8 1/2" x 11 Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be completed (on reveW side of this sheet) 8. Applicant's/Agent's Signature: Date: 9/1/98 9. Work can begin once the City has received evidence of the following additional approvals and you have be6n 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 Approval of the City's Building Department. Date Approval of County of Orange. 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 building or improvement is sold within one year of completion, the owner -builder will have the burden 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 construct the project (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 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. of Business and Professional Code for this reason: Owner's Signature: Date: Contractor: Shellmaker Inc Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and P.Wfessions Code, and my license is in full force and effect. Contractor's Signature 4,0 (�-1� Date: 9/1/98 A PERMIT NO. DREDGING APPLICATION Project Locatign: 304 Buena Vista Cubic Yards to be Dredged: 122 Method of Dredging: hydraulic suction Nature of Dredged Material: sand/silt Disposition of Dredged Material: numuonto 61djacent beach Method of Material Disposition:: -pipeline Turbidity Control Method: turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches restores beach and reinforces bulkhead I, r.nrpnzn_C. M ler , hereby state that I have read the U. S. (print name) Army Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable),permit for maintenance dredging and that I accept,a lythe e ` provisions therein. Additionally I guarantee that the proposed dredging dill not occur because of any altering of existing use of the affected zone. Bill Corkett App icant-type name Contractor -type name September 1, 1998 Signed: /�; (Date) contractor --Ps �. Representative Cl r Y of NzwRoer--BE.4CH \ U To,Fow� Gro y a7�11• � � 0 co e A' t /ILL .,ff'N Q .Af.IA D ,',a •tea c+ f•�eo '' �e . cow.... 0 40 Q f� ,,// � VICINITY S K E T C, I-� w�� •�nrr sem. 122 L:v. i�/17S Nd wposwr 6.4Y Cnt �sofaw�w y r E , Irr a w So und'in9s oro Varwersid rn !ice/ and o(ino/t drp0.4s be/ow Mqo., lower -row Wol0er. Mornwai.s range of rr* c qp/w+VOwo;ie/y /O /oeif Harbor /,;le ore eaiob/r' ed iii f/iis secfiaa o/'Nswporf Qor. 1 I � o • � g. r Di-ea n n . �•.;. �,. Ov I . la, \' WG 147 �GG sa � f%fJt sr �Q y✓G. L D E" 55 • kin Y /.S TGA Cc�v�� A a r �� Cl T Y of NE�r�o�r =-BEACH , co e _ �I IL ff'�a',y Q 0 IALLIA D ,►S LUNO 0 QC Isa w x'11 VICINITY .SKETCH w.1laarr i s1.. 122 Soundings or• �.rFrerstd in !it1 ono' ali�,o/� dvpyhs b0/0&v MCO/7 40WO.^ Low hib/tr. MotAwl�w ron9e of /lde q PruJ<ir7lo>/R/y /0Itay. Norbor 4i7e are es/ob/i' •dPii7 phis secf ow o! Ntr,.r7/ 6or. I o gp Day,n9 .;... ' M II i \el i r.1 II � �I w� 1 2- Clni f OF NEWPORT BFACH HARBORPERMIT IS HEREBY GRANTED TO CONSTRUCT AND °}WN ON THE REVERSE HEREOF, rF ,13JECT TO THE PROVISIONS OF OUCIFS OF NEWPORT SEACH AND I ISTED HEREMZ .v 'GIC^ PERMIT, o`HE WFIFTEN CONSENT OF OR CITY COUNCIL. THE I+ ' A" PERMISSIVE LY IN AC,- THE CITY U CIL ¢' E A4,,UNIC /f/" =Fey -. z PERMIT 3 s5 E Ir ', E.G. Corkett 304 Buena Vista Blvd. Newport Beach, Ca 92661 Re: pier permit 1156141 Dear Mr. Corkett: Recently work on your pier was in progress by an individual who stated that he was in the employ of contractor Barry Mason. The scope of the job was replacement of the pier handrails and some other timber. This requires a City of Newport Beach Maintenance Permit issued through the Fire and Marine Department Marine Environmental Management Division. Section 3.A. of the Harbor Permit Policies states: "No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, without first obtaining a written Harbor Permit to do so from the City's Fire and Marine Department." When questioned Mr. Mason claimed the worker was not in his employ and he knew nothing of the job. Was the work to your pier done by a contractor, by someone hired by you, or by someone who is an employee of yours? An "after the fact" permit must be taken out by you or your contractor. Please contact this office by calling 644-3043 to discuss this matter at your earliest convenience. Your assistance in resolving this situation will be greatly appreciated. Sincerely, Wes Armand Fire and Marine Department CITY OF I` PORT BEACH FIRE MARINE Dr "ITMENT HARBOR PERMIT APPLICATION (Please print ail information) 1. Applicant (Property Owner) Address Telephone 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance X Dredging 4. Fee Check No. Date 5. Brief Description of Proposed Work: SP�•Ge 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 properly Eines. 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 yin light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be co pleted (on reverse side of this sheet) 8. Applicant's/Agent's Signature: Date: Joint Permittee Signature (if applicable : 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 Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date 6/ Issued. (Permit is stamped drawing) Date Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 70314.5, 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). 1, 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 building or improvement is sold within one year of completion, the owner -builder will have the burden 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 construct the project (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 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. of Business and Professional Code for this reason: Owner's Signature: -!4L WV Contractor: Address: License class: State Board No. License Contractor's Declaration Date: Telephone: 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: T Y of Nzwpa,PT AE.4CN �-32S ; Te U co • e 32, 27-a.t4;Q, 37•-� `�' w tea`• Q o� CO r . A - o .I.L.W.. -fQ C r!tt O C.r. nr. pJ. i Cte- •td rk 51c. pc V1C N1 TY SRE TCH�... c N i wioRr. $.!►Y CAc IiO�I NlA • I#IIy u - Yards Souno'ings care •AAressed in !ee,l and a(inoie orpss•s below Mepq Lorvli Low ir(ot�r. Motawcaw ronye of tide Op/�'vsi•aro�e/r /O /eek Harbor /.Aes o�e- Dii s �n Vh:s sec%+o./ oFNs.✓�/:6o�r. tzar iia- �S >> ► 10 + t 1r1 i lot r i a �h WC ST Qo,� Averr,Ac. • +Il',Am f r Pb `foe gxs :'S �{ { via Vi5T0. COV7, A x,14 b b 1405 .. a �• Eca s 7- BEACH VARBOR, PERMIT PteRMiSS1ON' -i8" HEREBY`s GRANTED':To CONSTRUCT r AND MAINTAIN THE FACRM SHOWN ON THE REVERSE HEREOF, AT'TNESITE INDICATED, SUBJECT TO THE PROVISIONS OF THE'HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY" SPECIAL. CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE BIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE�ODE AND THIS PERMIT MAY BE REVOKED BY CITY CO IN ACCORDANCE WITH 71Ti E 17 OF TNICIPA dtl*f HAR96R COORDINATOR -gym -'y PERMIT NO. ;:DATE NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 29, 1998 E.G. Corkett 304 Buena Vista Blvd. Newport Beach, Ca 92661 Re: pier permit 1156141 Dear Mr. Corkett: Recently work on your pier was in progress by an individual who stated that he was in the employ of contractor Barry Mason. The scope of the job was replacement of the pier handrails and some other timber. This requires a City of Newport Beach Maintenance Permit issued through the Fire and Marine Department Marine Environmental Management Division. Section 3.A. of the Harbor Permit Policies states: "No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, without first obtaining a written Harbor Permit to do so from the City's Fire and Marine Department." When questioned Mr. Mason claimed the worker was not in. his employ and he knew nothing of the job. Was the work to your pier done by a contractor, by someone hired by you, or by someone who is an employee of yours? An "after the fact" permit must be taken out by you or your contractor. Please contact this office by calling 644-3043 to discuss this matter at your earliest convenience. Your assistance in resolving this situation will be greatly appreciated. Sincerely, Wes Armand Fire and Marine Department NAME MAILING ADDRESS TAT Fi % R W , APPROVED BY: OCHD ❑ ENGR ❑ COUNCIL ❑ PUBLIC WORKS 0 DEPT. ❑ ESCROW INSPECTION ❑ El SPECIAL CONDITIONS: ADDRESS OF PROPOSED FACILITY PERMIT # 304' Tena Vista ��`9-3C/V Hi StrPP ,Orkett DATE TELEPHONE ...,-.5 FEE - CHECK NO. -, - _ 200 723 3/29/96 DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT Or mn; n anance Dredq'ing AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Shellmaker Inc • COMPANY DATED April 3, 1996 DATE April 3, 1996 SIGNATUR I V • r • WX FORM 68-1010 CITY OF NEWPORT BEACH, CALIF. PERMIT NO. DREDGING APPLICATION Project Locatign: 304 Buena Vista Cubic Yards to be Drddged: 122 Method of Dredging: hydraulic suction Nature of Dredged Material: sand/silt ' Disposition of Dredged Material: numn unto adiacent beach Method of Material Disposition:: pipeline Turbidity Control Method: turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches restores beach and reinforces bulkhead It T,nrpnen,7,p C. Mi 1 3'e_r hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. William J. Corkett (Applicant -type name Contractor -type name April 3, 1996 (Date) Signed; 1j (�to C tractor s Representative C/ T Y of Ndwwo'er BE,4CH ,3D'� J `�1 3o1o4 tS SA yap 2 a, qO"'v'/s 1 % ri :,;. V ;— i \el II � Pv, s 2 /G 7 /GG J e DD iPE SS • d naG Y / 5 Tcz- CoAeTR + / kPA C�•�rE` / �' %� T�,Lo:��eoch N7 •fJ' � U co 0 t� mss` v ,.��w •r�rr Q 0 /wL/ow /IL14p D Q CN•v f VICINITY SKETCH """'/'T► 3 c1•. NzwvoarAN/A SAY CAt Iip N f So Und"n9s ore e,roics•sea in A,,i Ond dnnoff dvpdhs be/ow Mco,o Lower Low WQvW-. Mot/wu/,w eon9e of /love O/O /001. Horbo•- /.nes are es/ob/ Qd iri I'A's sec/,.ov vfNewParf Bor. 1 % ri :,;. V ;— i \el II � Pv, s 2 /G 7 /GG J e DD iPE SS • d naG Y / 5 Tcz- CoAeTR + / kPA C�•�rE` / �' %� -- s eal akar inc. July 30, 1996 City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659-1768 Attn: Tony Mellum, Tidelands Administrator Re: Dredging @ Corkett Residence, 304 Buena Vista Dear Tony, Due to the only acceptable tides for dredging on the above referenced job occuring in the evening of July 30, 1996 we are forced to work until 10:00 p.m. We have mentioned this to the owner of the project who will inform his neighbors. Thank you for your cooperation and should you have any questions, please call. Sincerely, Lisa E. Miller President cc: Police Dept. Harbor Dept. File 875 B west 15th street, Newport Beach, California 92663 Phone (714) 548-5359 Fax (714) 548-5315 General Engineering contractors/License No. 561434/Marine construction and Dredging �. PrW- T NO, �. DREDGING APPLICATION Project Location:,`iO4- Buena Vista Cubic yards to be Dredged: 200 .Method of Dredging: Avr3rstiil ie. fi11r_t- i nr, Mature of Dredged Material: sand/, It Disposition of Dredged Material:-pj=p1inp trg„anort to beach -reclamation QreA_ Method of Material Disposition pireline transvort T,arbidity Control Method: Rec t?�e rii ac�harcp vp1 czc.i tZ effect of dredging on contiguous bulkheading and beaches Reinforce/orotect bulkhead -restore sand to derleted beach 1, Mark Sites , hereby state that I have read the U. S. .,rmy (print name) orps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept ali the provisions therein. Additionally I guarantee that the proposed dred.gin will not occur because of any altering of existing use of the affected zone. William Corkett (Applicant -type name) 1/4/88 (Date) 0 Contractor -type name) Signed: Con7tractoe 's Representative IVSWPCP,- Z3,6--4 CI -1 Ju zoo �, , 0 c aroju , dr. VIA j VICIMITY SKETCH C."r awpoRr 5AY,. CAI. tFOaNtA sbuol (Yin 95 ore &A,--ressed in Ace/ once Q(dvnote -'00vef- ZOP/ .MO&I'PVL/mv /0 4ne-S Ore dZY0611, -/A;.s -c,3 an PERMIT AMD FAMUTY =0610 Cl Q06ASE samor� wE 5172 MR21AAD, OF M307 MOO' 0 AN 4r, �7 ! � � '.1 ,, �:,� �., ". NOT TEMKV V MZ V`v::: are. YN Mks WES sulaw- cove. wf& 1 or ..... . . . S11,1171r,"'All. rl"ONVIL! o"ors e P rm PERMIT ISSUED SUBJECT To M'i-WERIAL BEING HAWD 73 SEA o -Z) / T Y of /VEN'PC)�PJ' BE'•4CN S iTC }E-32-> � --mss � rete.-s.��o� u, n• tc -4 [7 p If vi �o g0 32' 27-+9+-- 37L-� N r o o, 00 0 1. 01 tAL � w / LIM /� Q o .L.L.W.. '9 C, ' SIcP- VICINITY SKETCH N W,l.vrrr i cyr a a d L Al N•wvoQr 8wY CAL 1co"NIA y ! I Jerry 13 Lu_ �o r�5 pr A�,r��. ' "_L ��-~FG. 4°.ftY ' Sounr,'in9s orf e,�picssed in li.l o�d d�no/e dv,-jA5 be/ow Meoo7 JOW&r Gow ►doer. Motlw.ciwr ron9e of 1,'de 4Pprux/roof�/fir /O fiej. Norbor /.nes a70 b/! ad ire fh:s secf.od of Nsr✓Parf Boy r CITY OF NEIAIRGRHT BEACH HIN R- C)A�R rhR&H55com IS T AND P :F SIN THE FAMMY SAGYM 012 Ray"s HERED" ','o 141. TMOVISIGNS Q M2 NP BEACH AWII TAW !A' 7177MV 7� MTV coumc-.� AL CODE. SFECI'AL cc'-'�:.s En iparfna't Other Pi-avilT NO. DREDGING APPLICATION Project Location: 304 Buena Vista Cubic Yards to be Dredged: _222 — Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site, if needed Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead LaVerne Harris hereby state that I have read the U'. S. ;111,rmy (print name) Corps of Engineers permit for maintenance dredging in Newport H,trbor, t:'Ihe City of Newport Beach and Orange County Harbors, Beaches and Parlk.s; Di. tri.cl. (if applicable) permit far', maintenance dredging and that I acceipt':. li 4- provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the-a;'-Lcted zone. William J. Corkett Newport Dredging Co. FAp-p1-scant-type -name —Fc.73-71 tractor- type 6/17/84 (Date) Signed:, Contractor" s._____. ---_ Rep re s e n t a t i v(,1 Cl T Y ®F !' iw' wOgr' &e-4ely .moi r II Q ..r- oD _I t d o Q 'R % 0 twctoo D wa /Jcr R z 9a0 Caws.v /o o SKETCH � �r t��``� v X V I �r y V i NJ I 1 Y K E 1y� 6s Yui wdJt Ji17y a `wsr // N®wDomr DAY CoujjFORNjA Soundings ora a.C,orgssed rn foes and Cdsnole depeA5 below 4-fcov7 dorvar Loev W�a¢ar. .Moxna.uae ron9e of f�'de gp�rox"Waimly /O ✓oeri! ,✓arbor /.nes are ee/ob/i'shcd iv s sfrIc ®.r ®f/V,W,~f Bor 1_11 L jr I i � �� �' i . i ,• l j, 1 i la .:/ . O!%pESScaM7*RACr*A CITY OF FIEWPORT S Z j j PIERMUT- Pf1RMF5SyQM IS C•fER�EY �11A'iAINTAM TME FACILITYGFtAt�tCF1P To ��ib�,rC�F3�T ".xtT THE 5!'rE : �3.53�'sN -ON Ti,-; Pt�"� � i3 =' �+ lg1i�,SQ,A.,TE9 � � MARB .tec�� ,� iO VINE,E'�3'lgp OT# P-Eft;DT; lfE R,U� ;b� Tni Yl 'r.th� R -h�iR 3 �icZi ti VVW YT Cir:' �. �a 3c2` 50ECIAL CONDI-rioMS: COM5 of Engineers Perms /-Z,rr . ®rInge County Permit Other In P21WT ISSUED SuSjECT To 8EInSo ED a •. „fir, �. � �, ,+�y� y NEWPORT MARINE SERVICES 503 E. EDGEWATER PLACE BALBOA, CALIFORNIA,92661 December 19, 1984 City of Newport Beach Marine Department I hereby authorize Mr. Ken Nelson of Newport Marine Services to act as my agent in regards to obtaining necessary maintenance permits for the repair of the floating dock located at 304 Buena Vista, Balboa, California. Mr. Nelson is authorized to sign the necessary permit application, pay the fees and process the application. Sincerely, / G Date: CiTy orK-IEVVPORT REACH A R 2 0 R P E FN 0 5 T 1, HEpEny annn7n To coNOTMUCT AM MAINTAIN SITUVIN Q� lip: WWORM HEREOF 112E SITE �E 'P'1112'�!3�1-117� *.� C j V 7 so nwT MACH AN! AHV V PRIM & ZION -Q& 1 L 11 .7) K 1 � 7 "S INGT MAN V !V Q 1 1105 F42"Ay AFW PaTAT15shy, UP AND THMI MY CGUMM.', yn" 17 "A"WL CODE A&6te 'PIER"MIT NO. omige cwnty �,Po-nait `b MARINE DEPARTMENT k July 25, 1977 ITEM NO.: H-12 T0: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATIONS 175-104, 175-544 AND 115-304 FOR. MAINTENANCE DREDGING Recommendation If desired, approve the Maintenance Dredging Harbor Permit Application subject to: 1. The dredged material from the projectat304 Buena Vista (115-304) be placed against the base of an existing brick sea wall on the property. Discussion These applications require City Council approval under the conditions of approval of the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of Engineers on February 12, 1974 and subsequently amended on May 10, 1977 to allow beach restoration. The location and applicants for the proposed dredging and beach restorations are: 175-104 - Leo L. Schaumer, 104 Via Lido Nord 175-544 - James Murray, 544 Via Lido Nord 115-304 - William Corkett, 304 Buena Vista The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredged material to be hauled to sea will be disposed of at the Environmental Protection Agency's designated disposal site, four miles at sea. Turbidity, at the site where material is placed against the wall, will be controlled by the dredging contractor placing a filter screen around the discharge site. The placing of the material against the wall will provide support for the wall as well as aiding in the maintenance and restoration of -the beach area bayward of the wall and the adjacent public beach at the 7th Street end. D. HARSHBARGER, DIRECTOR, MARIN--/DEPARTMEN Glen E. Welden Tidelands Administrator GEW:11 �a COUNCILMEN AyC ROLL CALF Truly 75 1Q77 // ,S- 3o S/ MINUTES 12. The work on the Street Improvements, Pacific Coast PC Hwy Highway 1,000 feet easterly of Balboa Boulevard, St Impr Contract No. 1896, was accepted; and the City (642) Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director) 13. The following maintenance dredging harbor permits 'Harbor were approved subject to the conditions of approval ' Permits under the general permit issued by the Corps of (304F) J Engineers: 4175-544, James Murray, 544 Via Lido / Nord; #115-304, William Co r k ett, 304 Buena Vista; X6175-104, Leo Schaumer, 104 Via Lido Nord. (A report from the Marine Department attached) 14. The following budget amendments were approved: (18F) BA -2, $15,000.00 increase in Budget Appropriations for architectural fees for 4,000 square foot addition to previously designed Newport Center Branch Library; and other miscellaneous expenses, Building Excise Tax Fund. BA -3, $137.50 increase in Budget Appropriations and increase in Revenue estimates for purchase of books from donation from Friends of the Newport Beach Public Library, from Unappropriated Surplus and Estimated Revenues to Special Departmental Expense, Library Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Community Gen Plan Development Department regarding a public hearing (673) in connection with General Plan Amendment No. 77-2 and acceptance of a Negative Declaration. Sennior Planner David Dmohowski gave a brief staff report. In accordance with the recommendation of the Planning Commission, no action was taken on Segment 77-2-C - a proposed amendment to the Land Use Plan and Residential Growth Plan to change the designation of property on the southeasterly side of Westminster Avenue, between Clay Street and 15th Street, from "Medium -Density Residential" to "Two -Family Residential"; and contrary to the recommendation of the Planning Commission, Segment 77-2-A was included. and General Plan iicti.on i x Amendment No. 77-2 was set for public hearing and Ayes xl x x x x x acceptance of a Negative Declaration on August 8 July, 18,1977 Agencies listed below CITY OF NEWPORT BEACH CALIFORNIA Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U. S. Army Corps of Engineers "blanket" permit for maintenance dredging issued to the City of Newport Beach on February 12, 1974. The City Council of Newport Beach will hear the application at its July 27, 1977 meeting. If you have qny questions regarding this application, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator GEW:ll cc: BSFWI EPA, F&G, C.G. NOAA,SARWQCB,. 175-544F A15-304, 175-104 City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 PERMIT NO. Z/ DREDGING APPLICATION Project Location: 304 Buena Vista Cubic Yards to be Dredged: 98 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33031'42"N, Longitude 117054148"W Method of Material Disposition: Barge to sea Turbidity Control Method: Material to.be contained in Dump Barge at dredge site. Effect of dredging on °contiguous bulkheading and beaches M None I, Wm. L. Harris , hereby state that I have .read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. William J. Corkett. Shellmaker, Inc. (Applicant -type name Contractor -type name) 77 Signed:-` (Date) Contractor's Representative