HomeMy WebLinkAboutM2004-0081 (2)STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWAPZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 3
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: July 29, 2004
(562) 590-5071 Permit No: 5-03-491
COASTAL DEVELOPMENT PERMIT
On April 14, 2004, the California Coastal Commission granted to William Johnson
Coastal Development Permit 5-03-491, subject to the attached Standard and Special
Conditions, for development consisting of: Construction of a new 70 foot long
bulkhead fronting Newport Bay. The bulkhead and backfill will result in the fill of
0 ' 024 acres (1,045 square feet) of high intertidal sandy habitat. More specifically
described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at 1008 W. Bay Ave.,
Newport Beach.
Issued on behalf of the California Coastal Commission on July 2 2004..
PETER DOUGLAS
Executive Director Title: Coastal ogram Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit. . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-03-491
Page 2 of 3
STANDARD CONDITIONS
1 'Notice of Receipt a d Acknowledgment. The permit is not valid an&,
development shall not commence . until a copy of the permit, signed by the
permittee or, auth orized 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.
Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
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.
3.
H
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 futureowners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
1 Construction Responsibilities and Debris Removal
A. No construction materials, equipment; debris, or waste will be placed or
stored where it may be subject to wave wind, or rain erosion and
dispersion.
B.
Any and all construction material will be removed from the site within 10
days of completion of construction.
C.
Machinery or construction materials not essential for project improvements
mill not be allowed.at: any time irilhe-intertidal zone.
D.
If turbid conditions are generated during construction a silt curtain wiii be
utilized to control turbidity.
E.
Floating booms will bib used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible but
no later than the end of each day.
F.
Non -buoyant debris discharged into coastal waters will be recovered by
divers as soon as possible after loss.
COASTAL DEVELOPMENT PERMIT
No. 5-03-491
Page 3 of 3
2. Miticiation Plan
A. PRIOR TO ISSUANCE OF THE COAS,TA,L. DEV, ELOPMENT PERMIT,,.
the applicant shall submit, for the Executive Director's review and
approval, written evidence from Community Conservancy International
_(CCI) that the applicant has submitted funding to CCI adequate for CCI or
their designee to substantially restore or create, as part of their Big
Canyon Creek Restoration Project, a minimum 0.096 acres of intertidal
habitat that shall be designated mitigation for the loss of 0.024 acres of
sandy, high intertidal habitat at the project site, in substantial conformance
with the Big Canyon Creek Restoration Project Mitigation Fee Proposal
received November 20, 2003.
B. UPON IMPLEMENTATION OF THE BIG CANYON CREEK
RESTORATION PROJECT, the applicant shall submit, for the Executive
Directors reView and approval, documentation that 0.096 acres of
intertidal habitat have been substantially restored or created as required in
subsection A. of this condition, including but not limited to as -built plans
and photographs of the designated mitigation area.
Docurnent2 Printed on July 29, 2004
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLYTO
ATTENTION OF:
September 17, 2004
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
William Johnson
800 East La Cadena Dr.
Riverside, California 92501
Dear Mr. Johnson:
This is in reply to your letter (No. 200300709 -DPS) dated March 5, 2003, concerning our
permit authority under Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C.
403) and Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344,) over your proposal t6
permanently discharge 0.024 acre of fill (24.3 cubic yards) for the construction of a bulkhead
,fully landward of the Mean Higher High Water line in Newport Bay in the City of Newport
Beach, Orange'County, California (see attached map and diagram).
The Corps of Engmieers has determined that your proposed activity complies with the
terms and conditions of nationwide permit NW18 as described in enclosure 1.
Furthermore, you must comply with the following non -discretionary Special Conditions:
Special Conditions:
1) Prior to initiating construction in waters of the U.S., the pern-dttees shall submit a habitat
mitigation and monitoring plan (HMMP) or other evidence of satisfactory mitigation. No wark
in waters of thi, T T 1; is authnrized liptil the pt-rmittpt- ri-rPivPq, in writin& CQrpq pproval of the
T-TMMP (-)r ntbpr Pvicip-nct-.
2) Construction of the seawall structure cannot result in disturbance to any area within
Newport Bay that contains the non-native, invasive alga Caulerpa taxifolia (hereafter Caulerpa),
which has been found in the Bay in the recent past. If such an area contains Caulerpa, the
following agencies should be contacted: National Marine Fisheries Service (562) 980-4043,
California Department of Fish and Game (858) 467-4218, San D iego Regional Water, Quality
Control Board (858) 467-2952, and the t.S. Army Corps of Engineers (21,3)4,52-3293. These
agencies represent the "Southern California Caulerpa Action Team." Approval for dockwork
in an area that contains Caulerpa will not be granted until all agencies listed above are 'in,
agreement as to the treatment method(s) used to remove the alga. Approval for work will be
granted after the Caulerpa has been removed from the site.
-2 -
The applicant shall complete a pre -construction survey for Caulerpa within the project area
not earlier than 90 days prior to planned construction and not later than 30 days prior to
construction. Survey results shall be transmitted to the Southern California Caulerpa Action
Team agencies at least 15 days prior to initiation of proposed work. If Caulerpa is detected
within the project area, no work shall be conducted until such time as the infestation has been
isolated, treated, and the risk of spread is eliminated.
A copy of the post -survey drawings shall be sent to the following address:
Gerald E. Weaton
Regional Manager, West Coast and Pacific Oce&iL
NOAA
Room 5082
DOD Center Monterey Bay
Seaside, CA 93955-6711
This letter of verification is valid for a period not to exceed two years unless the
nationwide permit is modified, reissued, revoked, or expires before that time. Presently, all
nationwide permits are scheduled to expire on March 18, 2007. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public notice
announcing the changes when they occur. Furthermore, if you commence or are under contract
to commence this activity before the date the nationwide permit is modified or revoked, you
will have twelve months from the date of the modification or revocation to complete the
activity under the present terms and conditions of the nationwide permit.
A nationwide permit does not grant any property rights or exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Daniel P. Swenson of my staff at (2131) A 2-34'4.
5
Sincerely,
yll't. a,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
-3 -
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: 200300709 -DPS
Name of Permittee: William Johnson
Date of Issuance: September 17,2004
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
U.S Army Corps of Engineers
Regulatory Branch
ATTN: CESPL-CO-R-200300709-DPS
P.O. Box 532711
Los Angeles, California 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this nationwide permit you may
be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR
330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit condition(s).
Signature of Permittee Date
JF, -77-
LOCATION MAP
Ref.- State of California Seismic Hazard Zones Map; NEWPORTBEACH QUADRANGLE
Base Map prepared by U.S. Geologic Survey and dated 1965 (Photorevised 1981),
Official Map released April 15.,1998, Scale: linch=2000feet
PETRA GEOTECHNICAL, INC.
J.N. 178-01 JULY, 2001 F16URE I
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NATIONWIDE PERMIT NUMBER NW18 TERMS AND CONDITIONS
1. Nationwide Permit NW18 Terms:
Your activity is authorized under NW18 subject to the following terms:
Nationwide Number 18: Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States provided that
the activity meets all of the following criteria:
a. The quantity of discharged material and the volume of excavated area does not exceed 25 cubic yards below the plane of
the ordinary high water mark or the high tide line;
b. The discharge, including any excavated area, will not cause the loss of more than 1/10 acre of a special aquatic site,
including wetlands. For the purposes of this NWP, the acreage limitation includes the filled area and excavated area plus
special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no
longer be a water of the United States as a result of the project;
c. If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of the ordinary high water mark or
the high tide line or if the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer
in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of affected special aquatic sites, including wetlands (Also see 33 CFR 330.1(e));
and
d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and
is not placed for the purpose of a stream diversion.
e. This NWP cannot be used in conjunction with NTV\TP 26 for any single and complete project. (Sections 10 and 404)
2. Nationwide Permit General Conditions:
The followin- general conditions must be followed in order for any authorization by an NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high
water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic
life indigenous to the waterlbody, including those species that normally migrate through the area, unless the activity's primary
purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil
disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the
Division Engineer (see 33 CFR 330.4(e)). Additionally, any case specifioconditions added by the Corps or by the state or tribe
in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river
officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study
status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area
(e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights
and treaty fishing and hunting rights.
9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived
(See 33 CFR 330.4(c)).
(b) For NVvTs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or
individually) does not require or approve water quality management measures, the permittee must provide water quality
management measures that will ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than
m � imal adverse effect on water quality). An important component of water quality management includes stormwater
in
management that minimizes degradation of the downstream aquatic system, including water quality (refer to General
Condition 21 for stormwater management requirements). Another important component of water quality management is the
establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for
vegetated buffer requirements for the NWPs).
This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures
must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be
obtained or waived (see Section 330.4(d)).
11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall
notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the
project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District
Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect
Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of
the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat
that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District
Engineer may add species-specific regional endangered species conditions to the NWPs.
(b). Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined
under the ESA. In the absence of separate authorization (e.a., an ESA Section 10 Permit, a Biological Opinion with "incidental
take" provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly
from the offices of the USFWS and NMFS or their world wide web pages at http://vnvw.fws.gov/r9endspp/endspp.html and
http://www.nfms.gov/prot — res/esahome.html respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C.
The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National
Register of Historic Places, the notification must state which historic property may be affected by the proposed work or
include a vicinity map indicating the location of the historic property.
13. Notification.
(a) Timing: where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a
preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete
within 30 days of the date of receipt and can request additional information necessary to make the PCN complete oniy once.
However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify
the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of
the requested information has been received by the District Engineer. The prospective pern-dttee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special
conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective
permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP` may be modified, suspended, or revoked only in accordance with..the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective pern-dttee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects
the project would cause; any other NWP(s), Regional General Permit(s), or Individual Pern-dt(s) used or intended
to be used to authorize any part of the proposed project or any related activity. Sketches should be provided
when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 41, 42, and 43, the PCN must also include a delineation of affected special
aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and
riffle and pool complexes (see paragraph 13(f));
(5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original
design capacities and configurations of those areas of the facility where maintenance dredging or excavation is
proposed;
(6) For NWP 14 (Linear Transportation Crossings), The PCN must include a compensatory mitigation proposal to
offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US
will be minin-dzed to the maximum extent practicable;
(7) For NVVP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -
approved mitigation plan, if applicable. To be authorized by this NWP, the District Engm*'eer must determine
that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects
are minimal both individually and cumulatively and must notify the project sponsor of this determination in
writing;
(8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of the prior condition of
the site that will be reverted by the permittee;
(9) For NVVP 29 (Single-Fan-dly Housing), the PCN must also include:
W Any past use of this NWP by the Individual Permittee and/or the pern-dttee's spouse;
(ii) A statement that the single-family housing activity is for a personal residence of the permittee;
(iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose
of this NWP, parcels of land measuring 1/4 -acre or less will not require a formal on-site delineation.
However, the applicant shall provide an indication of where the wetlands are and the amount of
wetlands that exists on the property. For parcels greater than 1/4 -acre in size, formal wetland
delineation must be prepared in accordance with the current method required by the Corps. (See
paragraph 13(f));
(iv) A written description of all land (including, if available, legal descriptions) owned by the prospective
permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any
form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as
a tenant -by -the -entirety) and any land on 'which a purchase and sale agreement or other contract for
sale or purchase has been executed;
(10) For NWP 31 (Maintenance of Existing Flood Control Projects), the prospective permittee must either notify the
District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan.
In addition, the PCN must include all of the following:
W Sufficient baseline information identifying the approved channel depths and configurations and
existing facilities. Minor deviations are authorized, provided the approved flood control protection
or drainage is not increased;
(ii) A delineation of any affected special aquatic sites, including wetlands; and,
(iii) Location of the dredged material disposal site;
(11) For NWP 33 (Temporary Construction, Access, and Dewaterina), the PCN must also include a restoration plan
of reasonable measures to avoid and minimize adverse effects to aquatic resources;
(12) For NVVTs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how
avoidance and minimization for losses of waters of the US were achieved on the project site;
(13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters
of the US or justification explaining why compensatory mitigation should not be required. For discharges that
cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer
must determine that the activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
(14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses
of waters of the US. This NWP does not authorize the relocation of greater than 300 linear -feet of existing
serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in
intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer
has determined that the project complies with all terms and conditions of this NWP, and that any adverse
impacts of the project on the aquatic environment are minimal, both individually and cumulatively;
(15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater
management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a
compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of
greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine
that the activity complies with the other terms and conditions of the NV\7P, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing
before the permittee may proceed;
(16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected
by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of
measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining
activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining
activities);
(17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include
the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the
designated critical habitat that may be affected by the proposed work; and
(18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of
Historic, Places, the PCN must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
(c) Form of NotiFcation: The standard Individual Permit a ' pplication form (Form ENG 4345) may be used as the
notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (l)-(18) of General
Condition 13. A letter containing the requisite information may also be used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse
environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation
plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the
applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms
and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District
Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective
permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will
expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days
of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the
District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed
under the terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District
Engineer will notify the applicant either: (1) that the project does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the
NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic
environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or
c6nditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse
effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will
include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that
would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included,
or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has
approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the
proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's
adverse environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater than 1/2 -acre of waters of the
US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious
manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water.quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then
have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they
intend to provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource agency, except as provided
below. The District Engineer will indicate in the administrative record associated with each notification that the resource
agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency notification.
(f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the
Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than 1/4 -acre in size). The permittee may ask the Corps to
delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45 -day period
will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification
regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the
authorization letter and will include:
(a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or
specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The
signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except
when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage lirnit of the NWP with the
highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3 -
acre).
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill
material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water
supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill
material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish
harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill
material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or
discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate
and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal.
(a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the
maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent
necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN,
unless the District Engineer determines in writing that some other form of mitigation would be more environmentally
appropriate and provides a project -specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional
circumstances.
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used
t6 increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4 -acre of wetlands cannot be
created to change a 1/4 -acre loss of wetlands to a 1/2 -acre loss associated with NW -1-1 39 verification. However, 1/2 -acre of created
wetlands can be used to reduce the impacts of a 1/2 -acre loss of wetlands to the minimum impact level in order to meet the
minimal impact requirement associated with NWPs,.
(e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology,
and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to
protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring,
enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a
requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers
to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers
should consist of native species. The width of the vegetated buffers required will address documented water quality or
aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the
District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns.
Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed
basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the
District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts.
(g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If
conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans
be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific
compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill
material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that
result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important
spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction
downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict
or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the
structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum
extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site
similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount
necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion
downstream and upstream of the project site, unless the activity is part of a larger system designed to mana-e water flows. In
most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures
must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their
effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due
to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent
practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or
fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their
preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National
Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered
species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated
by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and
opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and
opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12,
14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including
wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
-above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges
may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies
with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition.
(b) For NWI?s 3, 8,10,13,15,18,19, 22,23, 25, 27, 28, 30, 33, 34,36, 37, and 38, notification is required in accordance with
General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent -to
those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to
the critical resource waters will be no more than minimal.
26. Fills Within 100 -Year Floodplains. For purposes of this General Condition, 100 -year floodplains will be identified through the
existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA -approved local floodplain
inaps.
(a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the
mapped 100 -year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by
NWPs 39,40,42,43, and 44.
(b) Discharges in FloodwayAbove Headwaters. Discharges of dredged or fill material into waters of the US within the
FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44.
(c) The permittee must comply with any applicable FEMA -approved state or local floodplain management
requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract
to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12 -
months after such date (including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to commence within the
verification period, the work must be completed by the date determined by the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved completion date may be requested.
This request must be subrrdtted at least one month before the previously approved completion date.
28. The permittee shall send a post -project survey to the National Oceanic and Atmospheric Service for chart updating: Gerald E
Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711.
3. Regional Conditions for the Los Angeles District
In accordance with General Condition Number 6, "Regional and Case -by -Case Conditions," the following Regional Conditions, as
added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid:
1. For coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo
County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or
spawning of steelhead (Oncorhynchus mykiss) is not hindered in any way. In these areas, bridge designs that span the stream
or river, including designs for pier- or pile -supported spans, or designs based on use of a bottomless arch culvert simulating
the natural stream bed (i.e., substrate and strearnflow conditions in the culvert are similar to undisturbed stream bed channel
conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the
recovery of federally listed Anadromous salmonids, including migration of adults and smolts, or rearing and spawning. This
proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on
steelhead.
2. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally
north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo
County), no nationwide permit, except Nationwide Permits I (Aids to Navigation), 2 (Structures in Artificial Canals), 3
(Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific
Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), 11
(Temporary Recreational Structures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetland Restoration
Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed
Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and
Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste), or other nationwide or regional general permits that
specifically authorize maintenance of previously authorized structures or fill, can be used to authorize the discharge of
dredaed or fill material into a jurisdictional special aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges,
wetlands, mudflats, vegetated shallows, coral reefs, and riffle -and -pool complexes).
3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the District
0
Engineer is required, applicants must provide color photographs or color photocopies of the project area taken from
representative points documented on a site map. Pre -project photographs and the site map would be provided with the
permit application. Photographs should represent conditions typical or indicative of the resources before impacts.
4. Notification pursuant to general condition 13 shall be required for projects in all special aquatic sites as defined at 40 CFR Part
230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle -and -pool complexes), and in
all., perennial watercourses or waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of
California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa
mountain ranges, and south of Little Lake, Inyo County), excluding the Colorado River from Davis Dam downstream to the
north end of Topock and downstream of Imperial Dam.
5. Notification pursuant to general condition 13 shall be required for projects in all areas designated as Essential Fish Habitat by
the Pacific Fishery Management Council (i.e., all tidally influenced areas).
6. Notification pursuant to general condition 13 shall be required for projects in all watersheds in the Santa Monica Mountains in
Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by
Sunset Boulevard and Pacific Ocean on the south.
7. Individual permits shall be required for all jurisdictional vernal pools.
8. Individual permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new
permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 39,42 and 43, and in
ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre.
4.
9. Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank
stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank
stabilization projects and grade control structures.
0
Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
2. Limits of this authorization.
(a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
(b) This permit does not grant any property rights or exclusive privileges.
(c) This permit does not authorize any injury to the property or rights of others.
(d) This pen-rdt does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government doec not assume any liability for the following:
(a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
(b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
(c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
(d) Design or construction deficiencies associated with the permitted work.
(e) Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
(a) You fail to comply with the terms and conditions of this permit.
(b) The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
(c) Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the
terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for
any corrective measure ordered by this office, and if you fail to comply with such directive, tl-ds office may in certain
situations (such as those specified in 33 CFR 209170) accomplish the corrective measures by contract or otherwise and bill you
for the cost.
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued,
revoked, or expires before that time.
7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may -jnake a good
faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
0
permit from this office, which may require restoration of the area.
8. 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.
9. 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.
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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 dock structure.
Install new U -Shaped float with 4'x 26'gangway & (3) new 16" pile.
Address number must be stenciled on 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
112roperty Address: 1008 W. Bay Ave. I
Legal Description:
I Harbor Permit Number: 116-1008
Man Check Number: 2504-2004 1
jApplicant: Bill Johnson
Applicant's Mailing Address: 1008 W. Bay Ave, 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
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
-b'Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Tom Rossmiller, Manager, Harbor Resources
Signature: MA,
Chris Miller, Harbor Resources Supervisor
September 16, 2004
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
September 16, 2004
Property Address: 1008 W. Bay Ave.
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
pier is under the purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system
under consideration. Any future modifications or alterations to the dock system may require
new conditions which may override or change these conditions.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. Your side property lines extend in the water along their same bearing.
6. A vessel may not extend beyond the end of the float by more than the width of its beam.
7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 10'.
8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 27'.
Sianature:
kd"'j'b"HAV
Chris Miller, Harbor PZ-e'sources Supervisor
Applicant Signature
3 A7 /6 1' -
Print Name
Joint Pier Applicant Signature (if applicable) Print Name
MAR -7-2005 10:28 FROM:SWIFTSLIPDOCK.COM (949) 631-3122
MAR -71=' LWPJ) 631-3122
HARBOR RISOURCE80MBION
$29 Harbor Island Drive
Newport Beac2% CA 92660
949-644-3034 1 FhX 949-723-DE40
Pier Permit Conditions
Septsmbar 16, 2004
TO:7230589 P.7
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M. i95168�42W P.2
Property Address: 10013 W. Bay Ave.
With ref0mrice to the plans currently under considerition to re=fiqure or modify the dock
system, the follovAng conditions 01 now be in aftcl on the above refbrenced plot.
1. The pier permfttee IS aware of the Harbor Permit Policies and Chapter 1-1 ofthe City of
Newpoet Beach Municipal Code. The pier permittes undenstanda that the above WGrOnced
pier Is under the purview of these Policies and Codas.
2. Any future work an the above menUioned pier requir93 permits with the City of N&wXd
Beach and any other applicable agentles. Painting, repIMMent of rub rails and work
considered to be cosmetic In nature does not requira spormit
3. The iconditions set forth In this document pertain to the current, proposed dock system
under consideration, Any future modifications at alteratiorts to the dock system may require
now conditions which may override or change these conditions.
4. Only madne oriented uses are Wlawed an tho pier, pier platform, ganoway and fioaL Patio,
furniture, plants atc—are not permitted.
S. Your aide pralmerty lines wdend in the water along dWir some beefing,
S. A vessal may not extend beyond the and of the float by more than the vAdth of Its beam.
7. The madmum beam of a vessel that Is permItt4d to Side go to the waStOMMOSt 3146 0 the
floot Is lo'.
S. The maximum beam of a vessel that is permitted to side He to the easternmost side of the
float is 2r.
Jdnt Pier Applicant Signature (if applicab I le) Pnnt Name
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
:CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
PI FARF PRINT OR TYPF
1. PROJECT ADDRESS (NOT MAILING ADDRE-SSI
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SUITE NO.
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PLAN CHECK ENG.
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The fonn has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It ' is incumbent upon the authorized permittee to ensure that survey work
is following the latest protocols. For further information on these protocols, please
contact: Robert Hoffinan, National Marine Fisheries Service, (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218.
* Required Information
Site Name:
*1008 West Bay, Newport Beach, CA (Johnson)
(common reference)
Survey Contact:
Beth Swift, Swift Slip, (949) 631-3121
Permit Reference:
Pending
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
Developed Harbor
(bay, estuary, lagoon, or
harbor)
Specific Location:
*33'36.40'N 117'54.80'W WGS84
(UTM, Lat./Long., datum,
1008 West Bay, Balboa Peninsula, Newport Beach, CA
accuracy level, attach
electronic survey area map
if possible)
Was Eelgrass Detected:
Yes, Eelgrass was found at this
site.
x No, Eelgrass was not found at this site.
Description of
Remove existing boat dock, gangway, pier and six pilings.
Permitted Work:
Replace with dock and gangway. Relocate 3 pilings
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site:
Depth range:
Water depths range between
(describe the physical and
approximately + 4.8 to — 8.2 feet
biological conditions within
MLLW
the survey area at the time
of the survey and provide Substrate
insight into variability, if type:
known. Please provide units
for all numerical
information.
Temperature
Salinity:
Dominant
flora:
Sediments were composed of sand and
shell to — 4.2 feet MLLW and fine silts
from — 4.2 to — 8.2 feet MLLW. No
hard substrate observed on the bottom
with the exception of the sides and
undersides of boat docks and pilings.
Water temperature was 68 degrees
Fahrenheit.
Salinity variable, from 20s to 35 ppt,
depending on depth and the time of
Enteromorpha sp. and filamentous red
algae comprised the dominant flora.
Dominant
Ectoprocts (Zoobotry6n verticillatum),
fauna:
tunicates (Styela montereyensis) and
and time
(Styela plicata), a juvenile barred sand
(please describe the surveys
bass (Paralabrax nebulifer), bay gobies
(Lepidogobius lepidus), orange sponge,
yellow sponge, and bay mussels
survey (SCUBA, remote
video, etc.) and survey
(Mytilus edulis) were observed.
Exotic
No exotics were observed.
species
methods employed, date of
encountered:
during the survey.
Other site
Property is not bulkhead; a sand beach
description
in located in front of the docks..
notes:
Description of Survey
Survey date
The survey took place on August 20th,
Effort-
and time
2004 at 1330 in the aftemoon.
(please describe the surveys
period,
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
Horizontal
Water visibility averaged 3 to 5 feet
methods employed, date of
visibility in
during the survey.
work, and survey density
water:
(estimated percentage of the
bottom actually viewed).
Survey type
The underwater survey was
Describe any limitations
and methods:
conducted using SCUBA. Transects
encountered during the
were swam approximately every 2-3
survey efforts.
meters along the shoreline out to the
pierhead line. Transect visual width
was approximately 3-5 feet (1.5- 2.5
feet on each side of the diver). Bottom
type, common marine life, and the
presence or absence of Zostera rnarina
was noted. Depths were standardized
to Mean Lower Low Water (MLLW)
based upon time of observation and
tidal corrections for the Newport Bay
Entrance, Corona del Mar NOAA tidal
survey station.
Survey
The survey was conducted by Mr.
personnel:
Stephen Whitaker, Senior Marine
Technician, of Coastal Resources
Management.
Survey
The total project area size within the
density:
Area of Potential Effect was 6,960
square feet (including buffer areas).
Survey
No survey limitations.
limitations:
Other Information:
(use this space to provide
any additional information
or references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWAPZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
www.coastal.ca.gov
Date: February 23, 2005
Permit No. 5-04-376
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on January 27, 2005 and was reported to the
Commission on Thursday, February 17, 2005 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 M . rJ'NUGLAS
Erputive T[ector
By:'F�RNIEJJ. SY
Coaslal P_rgt§ram Analyst
1, CC CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-04-376
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Th 3a Date: January 27, 2005
(562) 590-5071 Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: William Johnson, Trustee
PROJECT
DESCRIPTION: Remove and replace an existing floating dock, gangway and piles with a new
dock and associated structures consisting of: a "U" shaped dock with two (2) 8'
x 56'fingers; an 8'x 20'backwalk; and a 4'x 26'gangway. In addition, the
project consists of removal of five (5) 14" piles and installation of three (3) 16"
concrete piles.
PROJECT
LOCATION: 1008 West Bay Avenue, 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 beco 'me 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, February 17, 2005
9:00 am
Portola Plaza Hotel
2 Portola Plaza
Monterey, CA 93940
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 willsend 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 -04 -376 -[Johnson]
Administrative Permit
Page 2 of 7
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
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 thp suhiprt nmnerty to thp tprm--, qnd conditions.
SPECIAL CONDITIONS: See pages four to seven.
,EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, whinh, pursuant to PRr' Section � qualifies for approval by 'the Executive Director
306 ')A,
� 4
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. Promect Location, Description and Prior Commission Action at Submect Site
1 . Proiect Location and Description
The subject site is located at 1008 West Bay Avenue 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: removal and replacement of an existing
floating dock, gangway and piles with a new dock and associated structures. The new "U"
shaped dock will have two (2) 6' x 56' fingers; an 8' x 20' backwalk; and a.4' x 26' gangway.
The existing pier will be removed and not replaced. In addition, the project consists of removal
of five (5) 14" piles and installation of three (3) 16" concrete piles. The proposed dock will be
constructed of Douglas Fir and Paul Lope Hardwood.
5 -04 -376 -[Johnson]
Administrative Permit
Page 3 of 7
The dock project will be used for boating related purposes to serve a single-family residential
development. The site had been surveyed on August 16, 2004 by the City, of Newport Beach
Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the
.projectarea.1 This survey:expiresl-in, March 20,05.�,_The, site- has. also - been surveyed -for Caulerpa
taxil/blia and -none was found., iThis, survey was,- completed on August -20 � 2004 and is only valid
for 90 days. The project is agendized for the February 2005 Coastal Co�mission Hearing and
by this time the Caulerpa taxilfolia survey would not continue to be valid since it had passed 90
days from when the survey was completed. Thus, an up-to-date pre -construction Caulerpa
taxiltblia survey must be conducted. Depending on the date work commences, the eelgrass
survey may also expire. These eelgrass and Caulerpa taxiffiblia, surveys are valid for a limited
period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxiffiblia). If
construction does not occur within the respective time periods, a subsequent survey will be
required. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions
No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any I
construction. Coastal public access to the Newport Bay i&available at the adjacent 1 oth Street,
street end (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 applicants have applied for a
permit Trom the U.S. Army Corps of Engineers.
2.
Prior Commission Action at Submect Site
On May 24, 1983, the Commission approved Coastal Development Permit #5-,83-248-[Bergt]
for the relocation and revision of a private boat dock located at 1008 West Bay Avenue in the
City of Newport Beach. The permitwas- approved.with nqSpecial Conditions.
On March 5,.2002, the Commission approved De -Minimus Waiver #5 -01 -356 -[Johnson] for the
demolition of an existing two-story single family residence and construction of a new 5, 965
square foot two-story single family residence with an attached 342 square foot guest room and
an 808 square foot three car garage. The project also consisted of 364 square feet for a
veranda on thefirst floor and 364 square feet for verandas located on the second floor. In
addition, the project also consisted of construction of new gates and wrought iron fencing and
the existing wood deck and planter wall and bench structure located in the rear that would be
modified as necessary for construction of the new home. Grading consisted of recompaction of
580 cubic yards of existing soils.
On May 6, 2002, the Commission denied Coastal Development Permit #5 -02 -378 -[Johnson] for
the construction of a new 70 -foot long bulkhead (located at approximately the +.5.23' MLLW)
fronting Newport Bay.
On April 14, 2004, the Commission approved Coastal Development Permit #5 -03 -491 -
[Johnson] for the construction of a new 70 -foot long bulkhead fronting Newport Bay. The permit
was approved with two (2) Special Conditions: Special Condition No. 1 related to construction
responsibilities and debris removal and Special Condition No. 2 required submittal of evidence
that funding has been,submitted to Community Conservancy International (CCI) for the
proposed mitigation.
5 -04 -376 -[Johnson]
Administrative Permit
Page 4 of 7
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 Prouram
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 f- nformity %Aiifh fhOprovisi-nS of Chapter 3.
III col I- I%J VVI&I. ...- I—. I
E. California Environmental Qualitv 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:
Water Qualit
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.
5 -04 -376 -[Johnson]
Administrative Permit
Page 5 of 7
(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 be utilized to
control, turbidity.
(5) Floating booms will be used to contain debri& 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 boftom-side boat cleaning shall minimize the discharge of
soaps, -paints, and debris.
b�. In.-the-wate'r hull scraping or any -process thatroccurs under water that results in:
the remoya[,of ppint-from boat. hulls.-s�hall be prohibited. �,Only detergents and
cleaning components that are desianatedby the manufacturer as! phosphat&-
free and biodegradable shall be used,.and:the ambunts,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 ragsi
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. 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,.di-sposal..re'gUlations.' The boaters
will regularly inspedt andmairitain engines, seals, gaskets, lines and hoses in
o�rder,to prevent oil qrid_ fuel spills.- 'Boaters will, use preventive engine
�_mainteneince, Oil absorbents, i ge . ptimp-o . ut servicesi,orstearri'deaning
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.
5 -04 -376 -[Johnson]
Administrative Permit
Page 6 of 7
2. Pre -and Post -Construction Eelgrass Survey(s)
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. Iftheeelgrass
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 1.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
3. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the 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
5 -04 -376 -[Johnson].
Administrative Permit
Page 7 of 7
(2) to the Surveillance.Subdbmmiftee of the Southern California Caule rpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
*William Pazhok6si,-California Department of Fi§,h'& Game (858/4674218) or Robert
Hoffman, National, Mat'irie Fisheries Service �(562/980-14043).
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 RECEIPTACCEPTANCE OF CONTENTS:
-.I[We acknowledge that I/we have received a copy of this permit and have accepted its contents
:including all conditions.
Applicants' Signature. Date of Signing.
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cd, P -;?w n F -0i
MAR -7-2005 10:27 FROM:SWIFTSLIPDOCK.COM
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
C949) 631-3122 TO:7230589 P.5
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
Swift Slip Dock and Pier Builders
Attention: Beth Swift
Contractor
2027 Placentia Avenue
Costa Mesa, CA 9262Z
Dear Ms, Swift;
October 4, 2004
Reference is made to your -request of August 26,2004 (File No, 200401870-CLK. Under the
provisiom of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are
hereby authorized to remove the existing "U" shaped boat dock with a similar "U" shaped dock
facing more north/south than east/west. The Pier will be eliminated and 5-14" guide pile will be
removed. Ihe new dock will have a 4' by 26' gangway, two 6' by 56' fingers, 8'by 20' backwall,
and three 16" gide piles in Newport Bay in the city of Newport Beach, 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 described and will comply with all
conditions. One of the signed copies of fl -ds Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclos�ed). In addition, please use the two attached
postcards to notify 0 -ds office as to the dates of commencement (wifi-dn 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
MRR-7-2005 10:27 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.6
-2-
10 - -7
PERI�GTTEE)P&-��-3WI-r-4-, DATE
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
Enclosure
N
California Regional Water Quality Control Board
Santa Ana Region
Terry Tarnminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger
Secretaryfor (951) 782-4130 1 Fax (951) 781-6288 Governor
Environmental http://www.swreb.ca.gov/rwqcb8
Protection
September 20, 2004
Beth Swift
Swift Slip Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
REC?
D SEP 2 3 2004
PROPOSED REBUILDING OF BOAT DOCK', WILLIAM JOHNSON, 1008 W. BAY
AVENUE, NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted.that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (951) 782-3288.
Sincerely,
eifomeno (Jun) T. Martir z P.
'Chief, Regulations Sectio
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
,/City of Newport Beach, Marine Department - Tony Meller
JIS/blutag226let
California Environmental Protection Agency
Recycled Paper
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATIOMRBOR RESOURCES DIV.
CITY OF NEWPORT BEACH QgY OF W102EACH
BUILDING DEPARTMENT .7n , _
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
LAST
SUITE NO.
/00 Y 11J - 'gP-/
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LEGAL DESCRIPTION
No. UNITS
L LOT BLOCK TRACT
2. DESCRIPTION OF WORK . Cr->AlSTl?dc-F /111c-:Lj SeJ9Ljjq-L-L— IUSE
NEW 0 41b ADD 0
Check Aonronriate l3ox
OF STORIES
VALUATION 3!xQ01).
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ALTER [] DEMO [] JSQ FT
F1 3. OWNER'S NAME
LAST
FIRST
,1014 M 6 0 jJ
Ld I
OWNER'S ADDRESS
OWNERS E-MAIL ADDRESS
-� 0 1 -Btox 10 -67c�--
1
CITY
STATE
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ZIP
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E] 4. ARCHITEC ESIGNER'S NAME LAST
FIRST
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ARCHITECTIDESIGNER'S ADDRESS
ARCHITECT/DESIGNER!S' E-MAIL ADDRESS
CITY
STATE
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PHONE NO.
E] 5. ENGINEER'S NAME
LAST
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STATE LIC. NO.
j,4FQP-1
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ENGINEER7S ADDRESS
ENGINEERS E -MAIL -X DRESS
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0 6. CONTRACTOFTS NAME
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STATE LIC
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CONTRACTOR'S ADDRESS
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OFFICE USE ONLY
PERMIT NO,
TYPE OF CONSTRUCTION
PLAN CHECK NO.
PLAN CHECK FEE $50(3�57 -t �27t`
OCCUPANCY- GROUP
PLAN CHECK ENG.
cl Ou i a �j e w I I a q S JL0:10 *,0 60 2nU
ZVI-
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:
6tmPl 70 �es-ldeM&81 boll6hed , zo-Royl mWA
z,/ proj�� I tim
Property Address: !A) �b LEW M.
.Legal Description:
lHarbor Permit Number: 110— Lao
6 1
Applicant: W1111Z)M
Applicant's Mailing Address: r, 0. �60 �Z /0!SL Vwencide.) M
Phone Number: (907) 77q-71-22-2,
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
An ind
VThey comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, a ' mending 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:
VHas been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager Harbor Resources Department
Sianature:
Print Name / Title: To�� S&Y" I
Date: �Otein bat, 201 2X3
1
Attachments:
Page 2 of 2
HIM
APPROVAi IN CONCEPT //z Ae Z,
OF NEWTORT BEACH HARBOR RESOURCES DIVISION
70 Newport Piex
APPROVAL IN CONCEPT BY- THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional C'
onunission pursuant to California Administrative
Code, Sections 13210 and 13211.-
4�4 -7eq
General Description of Proposed Development.
Id,
Property Address: Aj
i�gal I)escription:
City Harbor Permit Nun-Lber:
Applicant
Applicant's Mailing Address:
Applicant's Telephone Number: 54— �3�O -,7---
I have re -viewed the plans for theforegoing development including:
I: - The general site plan, including any roa"6 andpublic access to the shoreline.
2 The grading plan, if any.
3. The general uses and intensity of use proposedki each part of the area covered in the
application.
Andfind
They comply with the c=ent adopted Newport Beach General Plan, Zoning Ordinance,
Subdivision Ordinance and any applicable specific or.precise plans or
That a variance of exception has been app -roved and final.
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Miller, Chris
From: Lisa Miller [shellmaker@sbcglobal.net]
Sent: Tuesday, August 17, 2004 12:17 PM
To: Miller, Chris
Subject: Re: 1008 W. Bay Ave
Page 1 of I
Chris --I will have to have the client contact you on this --I did not do the regulatory work on this.
Lisa
"Miller, Chris " <CMiller@city. newport-beach. ca. us> wrote:
Lisa,
I've received your plans from Building for the new seawall at 1008 W. Bay. I've also received approval
from Coastal. However, I'm missing Corps and Water Quality Control approval. Could you please fax
these over to me? This is all I need to give a final.
Thanks,
Chris
08/18/2004
February 9, 2004
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
Mr. William Johnson
1008 West Bay Ave.
Newport Beach, CA 92661
RE: Coastal Application 5-02-378
Dear Mr. Johnson,
The purpose of this letter is to explain the rationale behind the Approval in Concept that
was written by this department in November 2003.
According to the City of Newport Beach Harbor Permit Policies, "All bulkheads in
residential districts shall be installed on the established bulkhead line or at a location
behind the bulkhead line that would preserve the design profile of the Harbor."
Currently, the bulkhead at this address jogs landward by 20' and does not meet the
criteria of the above referenced policy. The new proposal shows the bulkhead 3'6"
landward of the existing bulkhead line which brings it more in line with the rest of the
peninsula.
Although this proposal satisfies the criteria for bulkheads in Newport Beach, Harbor
Resources feels that it would be most appropriate to position the new bulkhead directly
on the bulkhead line therefore making it even with the neighbors. This alignment would
reduce ftirther beach erosion and the need for more periodic dredging. In addition, it
would establish a uniform bulkhead face and eliminate the debris trap at this recessed
beach. For these reasons, the City approved your application in concept. In addition,
your proposal to mitigate for the soft bottom habitat would be supported by Harbor
Resources.
I hope this clarifies the decision to grant your Approval in Concept.
Thank you S�—
,--�A-Pr n4cd
Chris Miller
Harbor Resources
CMillcr@city.newport-beach.ca.us
(949) 644-3043
CDP #5-02-378 Mitigation .
Johnson Bulkhead @ 1008 W. Bay Avenue
1) Current Proposal
i) Bulkhead location landward of +5.4 Mean High Higher Waterline.
(a) New location minimizes environmental impacts.
1 . Only 24.3 cubic yards of fill required.
2. Stamped approval from the City of Newport Beach
Director of Harbor Resources stating no Eelgrass
within 15 feet of proposed bulkhead.
3. Approval from Army Corps of Engineers and
National Fisheries for bulkhead landward of +5.4
H - N -iw
H
2) Proposed Mitigation
i) Conceptual Mitigation Plan required by Coastal Staff at a 4-1 ratio
before CDP appliacation deemed complete.
(a) Rick Ware of Coastal Resources Mangement and Brian
Shelton of California Department of Fish & Game proposed
a mitigation site in the Upper Newport Bay area.
(b) Costs for conceptual mitigation plan were approximately
$159000.
(c) Proposed mitigation plan included three applicants
1. The other two applicants have since altered their
projects and do not require mitigation.
2. Johnson application (CDP 5-02-378) is solely
responsible for implementation of proposed mitigation
plan.
3) Issues regarding current mitigation
i) Costs for implementation of mitigation plan approximately
ii)A separate CDP approval will need to be processed through the
California Coastal Commission for the mitigation plan.
iii) A five year monitoring program is required and will be the
responsibility of the applicant.
iv) No other mitigation has been found in the Newport Beach area.
(a) Discussions with the City of NB, Coastal Staff, Fish &
Game, and other agencies revealed no help from these
governing agencies concerning mitigation sites.
v) Shellmaker island fund was used as mitigation for past CDP
approvals in Newport Beach area.
(a) Coastal Staff is no longer allowing applicants to use
Shellmaker island contribution as a viable mitigation as
funds have gone unused.
8:39AM -TOHN/MACH ADMINT.STR. NO.220 P.2
segEt', BZ�P%4,; rr-lw NOOLO
P.2
iaCalifornia Regional Water Quality Control Board AM
Santa Ama Region
Scaffaryfor 3737 M2in Syf=lr 50c 500t Xiv=idcv Cifift' .3349
501%�VMneprifil Phme (909) 7824130 - FAX C909) 7S, -C&S Gray Davis
60"Mor
d
May S. 2002 3"" 10MW 905% IN OlAr wChlife at
Richard okimato
The Arthur Valdes Co., Inc.
15 C0rPOr8t8 PlaZa, Stlite 125
Newport Beach. CA 92660
ORDER FOR A TECHNICALLY CONDmoNED cLEM WATER ACT SECTION 401 WATElt QUALITY
STANDARDS CERTIFICATPON FOR THE PROPOSEDSEAWALL CONSTRUCTION AT 1008 W. RAy
AVENUE. CITY OF NEWPORT BEACH, ORANGE. COUNTy (ACOE REMENCE NUMBER 200101390)
Dear Mr. Oklmoto:
On June 21. 2001, we received a mqum for 401 Water 'Quality Standards Ceff=tion for the above -
referenced Prbied tom the applicant's agent, Marshall Steele,
-val- speciric pl-4act information was still needed prior to
complete application as of August 15, 2001, howL We received all requested Materials for a
issuing the 401 certification. On Wrch 26. 2002 we received updated information indicating that the
2WI1c8r1t, William Johnson. named Richard Okimoto with The Arthur Valdes Co.. Inc,, as the newagent
for this project The additional "ect intomlation that we had requWed was recetvad on March 28,
2002,
This letter responds. to your request for certification, pursuan, to Clean Water Ac
t that the
Plan (1995). ate water quality standards Outlined in the Basin
Proposed project described below vArl comply with St Secoon 4011
Proi9_0 Dgggrintlapn
The PrOPOsed project located at 1008 Say Avenue in the City of Newport Beach, involves constructing a
e" -fee' b"-faet seawall, The PrOPWIY currently does not have a seawall and consequently is
xperlencing considerable erosion at the U.S. buMead �ine. In addition. the seawallS olaqacent
properties are being undermined. Constructiorl of the seawall will prevent further en3sion. Theraisno
ealgrass (within 154'e -et of the project area). on dangered plants, or marine life on the projec! site.
Receiving water., Newport Say. Orange County
FIVexcavation;a 0.07 acre (420 square feet) Permanent Impact
Predge volume: WA
Federal permit: U. S. Army Corps of Engineers (USACOE) individual Permit No. 200101390
Fill/excavation and None
dredge mitigation.,
Water quality impacts The proposed project is not expected to impact Or disturb sediment No
Mitigation: habitat will be lost at the ProjectSite. The wwk wIp be accomplished consistent
with the requirements Of the California COOMI Commission.
CaUfarnia Ageowy
OU i a ),I e w I I a q s ess:6o io 6o des
S e ISEP. _ 3. 2004 8: 39W JOHWMACH AT-IIIN-'STR. NO. 220 P.3
-v e -au jL 4-onms 54S7521530 P.3
Morn Johnscm
RlveWea. CA .2. MW 6. 2002
There IS no WP-Vand vegetation, Or eeIgMss in the Project area site. The proposed project is not expected
to impact State- or federWty4istsd endangered sPecies or their habitaL
Should the pMJ8ct require dow2lering cluring ccnstrucftn, an NPDF-S PerMit m be requir d. Dis r
associated fth d8watering activit' aY e cha ges
I rs les may require Waste Discharge Requirements. If ft dis�arqes are to
Dis�arge Eftinatlon SYstern (NPDES) Permit No. CAMMOM, Mal fio
SLIfface Wate it is likely that they would be Outhorized under the Regional Board's Natic PQI1U n
To Surfacp Water h $MMIrp
hich _Ments
Insi niff
twt Jun Martirez wh arny questions regarding diversions. clewatering o crisch rM 10 watfteM of th
U.S. at (9009) 782-3258.
You have submitted an 8PPlic2tion to the U,S. Army Corps of Engineers requesting an Individ a Pe
in compliance with section 404 of the Clean Water Act You have filed for a Coastal Developr u I rmit
With the C 4 nent, Permit
mia Coastal Commission. T" PrOject has been determined to be m1nisteria) or
Categorically Me ECIA Guidelines.
This order for 401 Certification Is contingent upon the execution of the following condigons:
I. The shall be no fueling. lubrication. or maintenance of construction equipment Within 500 feet or
Wat of 0 te.
Z No e Into Newport Say shall occur.
3. Adh e Caulerpa ft4f0lia Stipulation.
C(w4armn I P
aularpa 134fafta Stipulation.,
In June 2000, COuIMPO Mx1folia. an invasive marine seaweed, which has severe adv9 e eftets On the
ecosystern, was reported to be found in 0 lagoon off Huntington Harbour_ Since then, M
Within Huntington Harbour itself The Regional Board, it has been located
I C8IifQmi8 Department Of Fish and Game (CoiiG),
and other agencies are involved in extensive eftrts to eradicate this ed and Prevent Its transport to
I Me Waters am required to survey for Caaerpa to help
oMer areas. PrCiects V18t entail dredging In mad seawe
locate and prevent its spread. if Caulerpe is found prior to or during iMPlementation Of the Project, no
work should begin or confinue at that location Until authorized by Regional Board staff, if the invas
ied lrnmedlaWy
seaweed is dis erad. it is not to be diattabed. and the Regional Board must be notif ive
with report of the location and (late Of 0600very. Should no Coulerpe be, observed during the seawatl
repair, please notify the Reglonai aoard of this lad when all Property repairs have been completed. This
will help us to lish a database an the occuirimnes or absence of CauAerpa.
Regional Board Staff has determined that Your Proposed Project if constructed in a=ordiVnce With the
conditions of the 401 Wvter Quality Standards CertiriGHtion, will be In compliance with the 6Ute or
CalitbirniMs Anti-dearadation Policy�
UnderCalfformni Water Code, Section 1058, and Pursu2ntto 23 CCR§3860, the fbilowing shalf be
includeclas cond Vons Of all water quality certification actFons:
(a) rZ% ary certification action Is subject to Modification or revocation upon administraVve or
jul lic"81 review, including review and amendment puirswant to Section 13330 Of the Water
Cc de and Article 6 (COMMencing with Section. 3667) of this Chapter.
(b)
to .
Ttftic"On is not intended and shall not be construed to apply to any a0witY involving a
jr0electric facift and requiring a FERC license or ail amendment t a FEF I nse
e!s the Pertinent certification applicaWn was filed pursuar;t to Sub 0 �C lee
Chapter and that VPlic2ton sevfion 3WS(b) of
8PeC'§CalIY identified that 2 FIMC license or am
FERO license for a hycimejectric faviUly was being Sought. enciment
Cafifarnla BnV&0xMen1,a1Pr*1eCden Ageney
6 S I 6SBirS6t,6 Du I J a -,I e W I I a q S ess:60 *'0 ED Jas
//6 - � Z) o a-'
FL
41
TE
V I C I &I I TY K E T CH
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10
17, 1-7.
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-.e-' 0 7- ry -7-ZA C-7-
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A7-,- A
CONSf R -U, Cri-101-N PERMIT
CITY OF NEWPORT BEACH DATE ........ �' ��r
HARBOR PERMIT SEE ATTACHED, SHEET
^ .1� 'N'^
MAINTAIN THE FACILITY SHOWN ON THil. SERSE HEREOF,
AT THE SITE INDICATED, SUBJECT 70 �1'1�tOViSIGNS Of
THE HARBOR PERMIT POLICIES OF 3EACH ANI
ANY SPECIAL CONDITIONS LiZTED HEREON. THIS PERMI'
IS NOT TRANSFERABLE W;THOUT THE WRITTEN CONSENT 0;
THE CiTY HARBOR COORDINATOR OR CITY COUNCIL. Tift
RiGH'TS GIVEN UNDER THEIS PEPMIT ARE PERMISSIVE
AND THM PERMIT MAY BE REVOKED BY THE CITY COUPOCL4
,!It ACCORDANCE WITH TtTLE 17.'o E MUNI-CIPAL CUV�'Z.
CITY HAM80 CGORIDTKY45,_":�'
// 6.. 1? - 7- F17
ki UATI,
� iZMMIT NO*
SPECiAL CONDITIONS:
Corps Of Engineers Permit a . j?
Orange County Peirmit
Other 01V4 vat
.1447- /.M.-44 J-.4lr'03
CITY OF NEWPOF— BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN, ON THE REVERSE HEREOF,
AT THrL SITE INDICATED, SUEJECT TC THC PROViSIONS OF
THE HARBOR PEPAIT POLICiES OF NEWPORT BEACHANE
ANY SPEC;AL CrNDCTIONS L'45TED HZIREON. THIS PERMII
IS NOT 7RANSFERAGLE WiTHOUT THE wn,'rrEN CONSENT 0;
THE C:TY HARBOR COOROINATOR OR CITY COUNCiL. TH, SPECIAL CONDITIONS -
RIGHTS GIVEN UNDEl THIS PERGIET ARE PERMISSIVE OHL,
AND THIS PERIA-11T MAY BE REVOKED BY THE CITY COUNCIL Co' -Ps Of Engineers Permit
PAL
IN ACCORDANCE WITH TITL�E �;17 THE I N9C CODE. OrOnge County Pe'rmit
." / 40 Other
CYTY "ARIJOR tQ0RD04Al'0R
PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING PLACED WADJACENT BEACH
Pr"MIT NO. -
DREDGING APPLICATION
Project Location: Inng IAT -Rq I -h n q R I ir cl
C-abic Yards to be Dredged: 125
Met,'-iod of Dredging:
inn
Nature of Dredged Material: Sand/qjIt
Disposition of Dredged Material: Pipallne trqnqZ)crt to beach reclaimation
Me-'-od of Material Disposition: Pireline trans -port
Turbidity Control Method:
d i tZ tain
Effect of dredging on contiguous bulkheading and beaches
Reinforce/protect bulkhead -restore sand to deipleted beach
Mark Sites herebv state that i have read -he U. s. armv
'mr-; nt name)
C � I -L.
Cor"_s of Engineers permit. -for maintenance dredging 1, ITeW
'port Harhcr,
he
Cit.v of New3oort Beach and Orange County Harbors,Beaches and Parks District
�-
(L'Iff aviolicable) permit-- for maintenance dredging and 'Z-1,at I ac--ep- all.
orovisions therein. Additionally I guarantee
that the proposed dredging
will not occur be.cause of any altering of existing use of the affected
zcr.e.
N�i I Bprgt
li- cant- type name)
1/30/84
(Date)
(Contractor- t -Y -e name
Signed:
Contractor s
Representative
//�6 �--/ooh
REACH
C17Y 05F NE
HARBOR PERM -IT.
'TO t
KCR*.ZY GRANTED
iv
THE FAC:111TY
TO
�T :1 �:� -�'
IREAC'M M4:1:�
N A FERRN.
SPECIAL
907
FARScit C1.)0XD1;AT0H 0KVITV
i G �c . :jTs Gwrr-N UNDER THIS PC RMIT Arts
AISID THIs PC-P.MET PMAY BE REV.OKLID Dy 0 D E".
t 6 -HE
M ACCORDANCE WITH ToRti-IF 17
0�1/
SPECIAL Cnk?--,-rjoNS:
Ir-Sers Permit
�--Z;�- Oxiaty Pe'rmit
Lawr
At least 72 hours prior to dredging operations,-St,artup, the California Reginal
Water Quality Control Board must be -notified..,
PERMIT ISSUED SUBJECT To
DREDGE MATERIAL BEING
H ULFEDTOZZ-A
PLACED o,%j mEACH
February 9, 2004
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
Mr. William Johnson
1008 West Bay Ave.
Newport Beach, CA 92661
RE: Coastal Application -5-02-3 78
Dear Mr. Johnson,
The purpose of this letter is to explain the rationale behind the Approval in Concept that
was written by this department in November 2003.
According to the City of Newport Beach Harbor Permit Policies, "All bulkheads in
residential districts shall be installed on the established bulkhead line or at a location
behind the bulkhead line that would preserve the design profile of the Harbor."
Currently, the bulkhead at this address jogs landward by 20' and does not meet the
criteria of the above referenced policy. The new proposal shows the bulkhead 3'6"
landward of the existing bulkhead line which brings it more in line with the rest of the
peninsula.
Although this proposal satisfies the criteria for bulkheads in Newport Beach, Harbor
Resources feels that it would be most appropriate to position the new bulkhead directly
on the bulkhead line therefore making it even with the neighbors. This alignment would
reduce finther beach erosion and the need for more periodic dredging. In addition, it
would establish a uniform bulkhead face and eliminate the debris trap at this recessed
beach. For these reasons, the City approved -your application in concept. In addition,
your proposal to mitigate for the soft bottom habitat would be supported by Harbor
Resources.
I hope this clarifies the decision to grant your Approval in Concept.
Thank you,
�;A
Chris Miller
Harbor Resources
CMillergeity.ngM�port-beach.ca.us
(949) 644-3043
,-Wpo
0 , , <�
CITY OF NEWPORT BEACH
�5 Z
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
mber 1, 2001
Mr. William Johnson
1008 West Bay Ave.
Newport Beach, CA 92661
Re: Coastal Application 5-01-229
Dear Mr. Johnson:
The City has the following responses to the questions you submitted relative to
the above application and notice of incomplete application.
The City of Newport Beach City Council Harbor Permit Policies require that
bulkheads in residential districts: a) be installed on the established bulkhead line,
and b) at a location that would preserve the design profile of the harbor. It
appears from a research of our files that when the bulkhead that now exists was
built it did. not meet either of those requirements. The reasons for this are
unclear, however, your proposal would rectify this situation and meet the above
quoted requirements a and b.
This would have the following beneficial effects because: 1) it would align your
bulkhead with your neighbor's on either side, thereby reducing beach erosion
and the need for more periodic dredging and 2) By establishing a uniform
bulkhead face it would reduce the possibility of a debris trap at this recessed
beach with its attendant esthetic and water quality impacts.
For these reasons the City has approved your application in concept.
I hope this answers your question and if I can be of further assistance, please
contact me.
Sincerely,
Tony Melum, Director
Division of Harbor Resources
3300 Newport Boulevard, Newport Beach
CITY OFNEWPOL._ BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANC
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF.
AT THE SITE INDICATED, SUL-JECT TO THF PROVISIONS Of
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AN' '
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERM��
t -S NOT TRANSFERABLE WITHOUT HE WMTTEN CONSENT V-.
THE CITY HARBOR C00-','Z�031NATOSl OR CITY COUNCIL. TH SPECIAL CONDITIONS:
RIGHTS GEVEN UN:�E-R '04AS FaHl�-OT ARE PERMISSIVE OhIL".
AND THIS PERMIT PkA'Y Bt -r REVOKEO SY THE CiTY COUNCil COFPS Of Engineers Permit
IN ACCORDANCE WITH TITLE 7HE MUV41CIPAL COOE. OranEe County P�rmit
Other
CITY
!FF'r—"'Tr DA7
PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING PLACED,ON ADJACENT�BEACH
PERMIT NO.
DREDGING APPLICATION
1008 W. Bay Ave.
,ub-,,-,- Yards to be Dredged: 222
Method of Dredging: Hydraulic Suction
Nature c,f --,---.dcred Material: Sand/Silt
Di.sDosition of Dredged Material: Place material on adj acent beach
Method of Matetial Disposition: Pump through discharge pipe to disposal
fill area
Turbidity Control Method: Filter screen around discharge site
Effect of dredgJnq on contiguous bulkheaAlng anc'. beaches Will restore
depleted public beach
LaVerne Harris hereby state that I have read the U. Ar.mv
Drint na.me),
Cor,,�s oi Engineers permit.for maintenance dredging in )Newport Harbc�, the
City of Newport Beach and Orange County Harbors,Beaches and Parks Di -strict
(if applicable) permit for maintenance dredging and that I accept a-'.1 the
provisions therein. Additionally I guarantee that the proposed dred,.7.,r)q
wi-Ii aot occur because of any altering of existing use of the aftecte�4
zone.
Neil Bergt Shellmaker, Inc.
(Applicant-tyPe name) TContractor-type name)
5/23/83
(Date)
Signe
Contracto-',3
Represent,3, ve
J
P0
CITY OF NEWPORT BEACH
-Z P0. BOX 1768, NEWPORT BEACH, CA 92658-8915
December 6, 2000
Mr. Marshall Steele
Newport Harbor Nautical Museum
151 East Coast Highway
Newport Beach, CA 92660
Re: Harbor Permit #109-1008
For the Property at 1008 West Bay Avenue
Dear Marshall:
We have researched the records that we have on file for the above property and
find no indication that a sea wall has ever been built at the U.S. bulkhead line..
There is some indication that- there was a wall some distance back from the
bulkhead line, but it is not very detailed. Also, please refer to the Harbor Permit
Policies, specifically the section under bulkheads indicating the height and
design of all.bulkheads. Wing walls will be submitted to design and
construction standards of the Building Department.
Wing walls are necessary where a bulkhead is not adjacent to other bulkheads to
contain the fill.
I hope this answers this question and if I can be of further help please contact me
at 644-3041.
Sincerely,
Tony Melum, Director
Division of Harbor Resources
33CO Newport Boulevard, Newport Beach
TE CIF CALIFORNIA -THE RESr'-- Governor
kLIFORNIA COASTAL COMMISSION
' Coast Area Office
-ceangate, Suite 1000
:�aach, CA 90802-4',�02
�90-5071 0
M2rsh2H Steeie
2149 Or2nge Avenue.
Costa Mesa. CA 92627
De -=r Mr.
July 16. 2001
NOTICE OF INCOMPLETE APPLICATION
William Johnson
1008 West Bay Avenue, City of Newport Beach, Orance County
Coastal Development Permit Application 541-229
'--CMMiSSz;1Cr, 5-512-Iff received the sutiect, aCCiiC21ibn on June 18. 2001. T*1-1-= propose't prciec: is to
build 2 70 4cot Icna bv t J
Te= -t wice seSM/2il at the U.SS. Eulkhe=�t line to e!i=12're emsicn c- ' ; tre
=qer-4y ana pro-Lect acainst further d217112ge to the neiahb&s boundary W2HS. P!e-=-t= -=Ccect this
!e". er as -'1-12-L the subieC- 2MC11C2!1Cn is ;Inc--mcie--.e oendina receim of tie fciicwjr7C::
I L
Of th
_W2il 2S C170CCE=-'-� a SLZS121-11i2i issue with Section 302,33 e C
ai=-'sSes pe-.-MITLeC uses tha: would recuire oiking, 'fliling or ar
e=1710 C7 C::= -n CCa-z-121
W2 -=-FS.
Section 30233 of the Coastal Act in reievant Part States:
(a) The diking, f7iling, or dredging of open coastal waters.
wetlands. estuaries. and lakes
shall be permitted in accordance with other applicable provisions of this division. where
there is no feasible less environmentally damaging altemative, and where feasible
mi . ri . cari . on measures have been provided to minimize adverse environmental effects. and
shail be linnited to the following:
(1) New or expanded port, energy, and coastal -dependent industrial fac,'fiffes.
includina commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing
navigational channels, tuming basins, vessel berthing and mooring areas.. and boat
launching ramps.
(3) In wettand areas only, entrance channels for new or expanded boating facilities,:
and in a degraded wetland, identified by the Department of Fish and Game
pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction
with such boating facilities, a substantial portion of the degraded wettand is restored
and maintained as a biologically productive wettand. The size of the wedand area
used for boating facilities, including berthing space, turning basins, necessary
navigation channels, and any necessary support service facilities, shall not exceed
25 percent of the degraded wetland.
(4) In open coastal waters, other than wetlands, including streams, estuaries, and
lakes, new or expanded boating facilities and the placement of structural pilings for
public recreational piers that provide public access and recreational opportunities.
3
5-01-229 (Johnson)
Notice of Incomplete Application
Page 2 of 4
(5) Incidental public service purposes, including but not limited to, burying cables
and pipes or inspection of piers and maintenance of existing intake and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except i . r,
environmentally sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource deloendent activities.
(b) 7redging and spoils disposaishall be planned and canled out to avoid s; '-
- - i C'ni I TIC a,171
disruPrion to man . ne and I wildlife habitats anc� warer cir=larion. Dre,�ce szoiis s�jitabiefbr
be -=c.-7 reoienishmenr should be transporTed for such purucses to aoorcor�a.-& tle-=cnes or
ink -o suitable Iona sijcra currenr S11/sTems.
Cr :h -e Submitted proJec: pians. there is a drawing Of 2 tyCiC2i bulkhe-ad secticr. T *71is secllicr.
d.-2'-.V;rc: shows th2-L the bulkhe-=d wiii be tied baCk arc 2ncnore-d to 2 a . e 2 a . m a n I; r -; 2 7, 2r e 2 1 h 2
is the orccosec s=-2wail and the 12ndW2rd ecae of tLie prccertty. I ne s:--cmitec .
==72Z771V M2C sl"icws an 2ccrcxim2-.e current e!eV2--.ion of 4 feet, in this area �—,.ve=n
L
croccsec se -=wail and the landward erdae ofthe proceriv. The proposed -oe-mwa:;: ;;s "'c t-= a:
e-.:e-v2-Licr-., of 9 feez. Wil the proposed prc.iec. aiso consisi of flil of the area betweer, -Lr,=-
prcpose-d seawall and the landward edge of the property? Please explain.
2. The proposed Seawall also raises a concern with Section 80235 of the CG2St21 Act. whicri
S -a -es that seawails may only be constructed under scecific circumstances. suc" as to protec-
L I
exist-inc structures.
Section 30235 of the Coastal Act states:
Revetments. breakwaters.. croins., harbor channels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline processes shall be permitted when required to
serve coastal -dependent uses or to protect existing structures or public beaches in dancer
from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline
sand su ' pply. Existing marine structures causing water stagnation contributing to pollution
problems and fish kills should be phased out or upgraded where feasible.
The materials submitted with your application do not substantiate the need to construct 2 new
seawall. Please provide a study prepared by an appropriately licensed professional (i.e.
engineer with expertise in coastal processes) which substantiates the-ileed to construct a new
seawall. At minimum, the study must answer the following questionf!)Vhy must the proposed
seawall be constructed?; How will the proposed seawall mitigate the circumstances, which
requires the seawall to be constructed?; How will the proposed seaW211 affect coastal
processes, including impacts upon shoreline Sand supply? The project description states that
the proposed seawall will protect against further damage to the neighbor's boundary walls.
Please explain the damage that is occurring. Please also locate the affected boundary walls
an the requested site plan discussed further within this letter. Also, will the proposed seawall
be connected to any existing seawalls located adjacent to the project site? In addition, the
study must provide an alternatives analysis which explores options other than the proposed
seawall including at minimum, no seawall. Please also reference the attached memorandum
titled Applicants for Shorefront Development.
&01-229 (Johnson)
Notice Of Incomplete Application
Page 3 of 4
3. Throuch written narrative and drawings please explain how the proposed Se2W211 will be
constructed. How will the proposed Se2W211 tie in with any seawalls on 2di2cent propetes?
4. Ple--se provide full size p12nS (i.e. V = 4 feet to 1 8 feet) prepared by an appropriately
licer-sed professional which provide construction details of the existing and proposed seawall.
jnc�-_-_inc plan and profile views. At minimum, show the lencth, heiaht, and width of the
prcccsed wail: the location of any proposed tie back systern; the sand profile and location cf
the r-rean hich tide line; and the condition of adjacent seawalls (i.e. height. etc.). Please be
L
sura to show and clearly label ail elements of the proposed pro ' iect inc!uding ail ' cro ' ccser�
szr=.ures (ex pier, ramp. dock. etc.). In 2dditicn, please submit a full size S02led site Pi2n th2l'
si-lows 'the footprini and property lines of the existing structure. footprint and property lines of
ad ' i20_=MZ structures. the proposed se-=W21l. pier, ramp and dock cutlineS ana :-=:so 2a I jac_=nt
OLMine-s OT similar docks. bulkhe2cis. seawalls. e -c. Full size S021 I ed clans are need_eld� :c
tt-,or7,uchiy evaiU2te the proposed I prc]ec,..
The prcccsed project will result in a new seawall C_Cr1SL6rU==_d at 'the U.S'. Suikhe_ao line. The
S=__=' -'V2;:1: 7112V impac-L the biciogic2i productivity of the are2. Sec -,ion of the CO2St2': Ac-.
S72 -=z 1 721 r-r2rine resources snail be n12inT21ne-:: . . enhanc-ed I 2nd . where 'e2si . cle r�c:-.ore:. 1 . 71 E
SLZ 77=-d ar1-ziicaticn did not inc;Lide 2 bicicaical; s -Ludy of the proiec-, 2Fe_=. F!e-_=s=_ crcvic=
�_c:z;z=i st-_-cv, w , nic7 eV21L12!=__E any IMC20-S the proposed seawall will have u -cin, biciccic=:
resour-c-es. inc:uainc impac'. Es upon any eeigrass in 'Line vic;nity of the proposed pro.iect. 1-1 there
are any impac-Ls upon ee!ar2ss, you will be required to prepare appropriate surveys and
mi�tication plans in consultation with the California Department of Fish and Game and in
COnTOrMance with the Southem Cafifomia Eelgrass Mitigation Policy.
6. The submitted pro ' iect plans show that the new seawall would encroach past- the property line
and irtc public land. Thus, the proposed project may require approval from the State Lands
Commission I because the new seawall May be Icc2ted on land that is held in the Public Trust.
Please submit in writina from the State Lands Commission, their evaluation and 'etermin2licn
regarding the proposed project. or verification that no review is necessary.
7. You have Stated that the U.S. Army Corp of Engineers (USACOE) permit has beeen 2ppiied for
regarding the proposed project. While review and approval of the proposed project from the
USACE is not a filing requirement, if such review and approval is necessary please submit
copies -of any correspondence you may receive from the USACE. In addition, you may be
required to obtain approval for the proposed project from the Department of Fish and Game
(DF&G). Please submit written evidence of review and approval of the project from the
Department of Fish and Game or a statement from the DF&G that no such review and
approval is required.
8. Please submit reduced 8.5" x 11" copies of your project plans and any plans you plan to submit
in reference to this letter.
Please do not limit your submittal to the above mentioned items. YOU May submit any information,
which you feel may help Commission staff gain a clear understanding of the scope of your project.
Upon receipt of the requested materials we will proceed with determining the completeness of your
application.
5-01-229 (Johnson)
Notice of Incomplete Application
Page 4 of 4
Thank you for your attention to these matters. If you have any questions. you may ccrt2cl me at
(15-62) 5-cO-5,D71.
Sincerne!v,
ern i e S
CO2ST62i F-rcgra-m Anaiys-
LL-=cnme.nts� "'ke,oUcanis for L-�eveiccmen[
4T
APPROVAL IN CONCEPT
,
CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION
70 Newport Pier
APPROVAL IN CONCEPT BY THE C= OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission puxsuant to California Administrative
Code, Sections 13210 and 13211.
General'�
Property Address:
Legal Description:
dj
of Proposed Development.
J A
City Harbor Permit Number: /a 0
Applicant:
Applicant's Mailing Address:
Applicant's Telephone Number: -Z,
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 f6i'each part of the area covered in the
application.
And find
* They comply with the current adopted Newport Beach General Plan, Zoning Ordinance,
Subdivision Ordinance and any applicable specific or precise plans or
* That a variance of exception has been approved and final.
/VSA,�O Oe,- Z3Ar.4CA1
-j
NO EEL GRASS WITHIN 15'OF PROJECT
LEL GRASS IN T
.HE PROJECT AREA
&I _/plo
ERMIT #
low
A)ATE I I
epkn' A �*_ . _ .. _
fir el:�:�
v I c I kJ 7Y E T
&4pp 5 ee, 0 2eo.
QD
47
'77.
5.;L CVT
0,
-HARBOR RESOURCES DIV.
.QITY Ot��po i
RTBEVH
.................
7 77'z-,�"
rnm 4115/83
State of Cafiforria, George Deukmejian, Govunor
lln 4mmy 6/3/83
California Coastal Commission isom DAY 10/6/ 83
SOUTH COAST DISTRICT
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 90801-1450 0 "19832,
(213) 590-5071
STAFF REPDRT: ADMINISTRATIVE ITEM
vwrD. H. Pickens /DL/mit—
svjTwm 5/11/83
wwam axn: 5 / 2 4 - 2 TLU—
APPLICANT: Neil Bergt AGENT: Gillis & Derby. -Inc.
PERMIT NO.: 5-83-248 (Berp-t)
PROJECT LOCATION: 1008 W. Bay Ave. . Newport Beach
PROJECT DESCRIPTION: Relocation and revision of a private
boat dock.
LOT AREA N/A ZONING Unclassified
BLDG. CIOVERAGE N/A PLAN DESIGNATION Unclassified
G.P., LUP draft, LUP adopt LUP cert., LCP
PAVEMENT COVERAGE NIA PROJECT DENSITY NIA
LANDSCAPE COVERAGE NIA HEIGHT ABV. FIN. GRADE N/A
LOCAL APPROVALS RECEIVED Approval in Concept, City of Newport Beach.
SITE CHARACTERISTICS Flat, adjacent to Newport Bay bulkhead.
SURROUNDING LAND USE: Similar type residences, many with private
boat docks.
COASTAL ACT ISSUES: Public Access, Certified Land Use Plan Consistenc
mz
5-83-248
EXECUTIVE DIRECTOR'S ACTION
Approval
The Executive Director hereby issues a permit for the proposed develop-
ment on the rounds that the development will be in conformity with the
provisions of Chapter 3 of the California Coastal Act of 1976, will
not prejudice the ability.of the local government having jurisdiction
over the area to prepare a Local Coastal Program conforming to the
provisions of Chapter 3 of the Coastal Act, is located between the sea
and the first public road nearest the shoreline and is in conformance
with the public access and public recreation policies of Chapter 3 of
the Coastal Act, and will not have any significant adverse impacts on
the environment within the meaning of the California Environmental
Quality Act.
1. STANDARD CONDITIONS
1. Notice of Receipt and Acknowled ement. The permit is not valid
and construction shall not commence 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 construction has not commenced, the permit will
expire two years from the -date on which the Commission voted on the
application. Construction shall be pursued in a diligent manner and
completed in a reasonable period of time. Application for extenstion
of the permit must be made prior to the expiration date.
3. Cmapliance. All construction must occur in strict compliance Fith
the proposal as set forth in the application for permit, subject to
any special conditions set forth below. Any deviation from the approved
plans must be reviewed and approved by the staff and may require Commission -
approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect
the site and -t -He development during construction, subject te 24-hour
advance notice.
6 Assignment. The permit may be assigned to any qualified person,
piovTa_e3_as_sTg_nee files with the Commission an affadavit accepting all
terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These -terms and conditions
shall be perpetual, and it -is the intention of the Commission and the
permittee to bind all future owners and possessors of the subject
property to the terms and conditions.
2 (continued)
5-83-248
SPECIAL CONDITIONS: None
EXECUTIVE DIRECTOR'S DETERMINATION:
A. Project Description.
Relocation and reconstruction of a private boat dock used in
conjunction with a single-family residence. The project is
located on the Newport Bay side of the Balboa Peninsula between
the nearest public road and the sea.
B. Public Access/Certified Land Use Plan Consistency.
Section 30212(a).of the Coastal Act states as follows:
Section 30212
(a) Public access from the nearest public roadway to the
sh I oreline and along the coast shall !be provided in new
development projects except where (1) it is inconsistent
with public safety, military security needst or the
protection of fragile coastal resources, (2) adequate access
exists nearby , or (3) agriculture would be adversely
affected. Dedicated accessway shall not be required to be
opened to public use until a public agency or private
association agrees to accept responsibility for maintenance
and liability Of the accessway.
Public vertical access to the sandy beach areas on the Balboa
Peninsula is by way of the street ends around the periphery of
the peninsula. These points provide vertical access at intervals
of approximately 225 ft. along the entire length of the peninsula.
Subject property is located 40 ft. from the end of Tenth Street.
The Executive Director determines that consistent with Section
30212(a), there is adequate vertical access on the peninsula and*
near the project site,
The proposed project Is located an the bay side of the peninsula
where lateral access is seriously impeded along the public sandy
beaches seaward of the bulkhead by the development of private
boat docks adjacint to the bulkhtad. the ramps for which are
physical barriers to lateral access. Additionally, there are
several instances where patios and walls have been previously
constructed which encroach beyond the bulkheads onto the public
sandy beach. It should be noted that the sandy beach below the
low bulkhead on the bay side is extremely narrow and has limited
capacity and usabilit�. Nevertheless, if the public vere not
impeded by numerous p ysical obstacles &uch as ramps to boat
docks, the limited sandy beach arei would be usable. The Cit of
I lateral
Newport Beach Certified Land Use Plan contains the following
access policy (Page 9. Policy 5):
- 3 -
5-83-248
Lateral Access for casement dedications shall be required for
%ew development fronting on the bay and ocean except:
repair and maintenance activities or replaceiment.of destroyed
by natural disaster." Additionally. inUovement$ to any struc-
ture or demolition and reconstruction or any single-fa=ily
dwelling resulting in an increase of floor area, heights, or
bulk of more than 10% shall require such access easement dedication.%
The Executive Director therefore, determines that lateral access
easement dedication is not required nor is it feasible for thi
proposed project; and further that the proposed project is con-
sistent with the access policies of Chapter 3 of the Coastal Act
and the Certified Land Use Plan.
The Executive Director determines further that thejroposed
project is consistent with the City of Newport Bea Certified
Land Use Plan and will not prejudice the ability of the City"
of Newport Beach to prepare implementing ordinances consistent
with and adequate to carry out that certified Land Use Plan.
4
4.
IT E LO CAT I
5-85-2AS
EXHIBITJ
STATE OF CALIFORNIA GRAY DAVIS, Govemor
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 1 00 -South
Sacramento, CA 95825-8202
Mr. Richard A. Okimoto
The Arthur Valdes Company, Inc.
15 Corporate Plaza, Suite 125
Newport Beach, CA 92660
Dear Mr. Okimoto:
January 30, 2002
PAUL D. THAYER, Executive Officer
(916) 574-1800 FAX (916) 574-1810
California Relay Service From TDD Phone 1-800-735-2922
from Voice Phone 1-800-735-2929
Contact Phone: (916) 674-0234
Contact FAX. (916) 674-1955
File Ref: G09-02
SUBJECT: Coastal Development Project Review for Proposed Seawall at 1008
. West Bay Avenue, Newport Beach, Orange County
This is in response to your request for a determination by the California State
Lands Commission (CSLC) whether it asserts a sovereign title interest in the property
that the subject project will occupy and whether it asserts that the project will intrude
into an area that is subject to the public easement in navigable waters.
The facts pertaining to your project, as we understand them, are these:
You are proposing to design and build a seawall landward of the U.S. Bulkhead
Line, including the concrete cap detail at the top of the precast concrete seawall panel,
at 1008 West Bay Avenue in Newport Beach. Further, you indicate that you are holding
back that cap approximately two inches behind the U.S. Bulkhead Line.
The U.S. Bulkhead Line is the adjudicated Mean High Tide Line (MHTL)
along Newport Bay at this location pursuant to Superior Court Case No. 23681, City o
Newport Beach v. Pacific Electric Land Company, et al. This quiet title action resulted
in a judgment in 1928. The lands in Newport Bay waterward of said adjudicated MHTL
are legislatively granted to the City of Newport Beach pursuant to Chapter 74, Statutes
of 1978, as amended. The City of Newport Beach assumes the day-to-day
management and permitting authority over these sovereign lands.
Pursuant to the facts, as stated above, and proposed project plans, the proposed
project does not appear to occupy State sovereign lands granted in trust to the City of
Newport Beach. However, should the proposed project extend waterward of the U.S.
7 .'7
Mr. Okimoto
January 28, 2002
Page 2
Bulkhead Line/ MHTL, you should contact any and all agencies having approval
authority over this project, including the City of Newport Beach.
This conclusion is without prejudice to any future assertion of state ownership or
public rights, should circumstances change, or should additional information come to
our attention.
If you have any questions, please contract Jennifer Lucchesi, Public Land
Management Specialist, at (916) 574-0234.,
: re y,
e r1t ZLL yy nc�h, C h 4ieff 'J
Division of Land Management
cc: Fernie Sy, California Coastal Commission
Tony Melum, City of Newport Beach
6�fALIFORNIA COASTAL COMMISSION
3outh Coast Area Office
!00 Oceangate, Suite 1000
.ong Beach, CA 90802-4302
562) 590-5071
Marshall Steele
2149 Orange Avenue.
Costa Mesa, CA 92627
- July 16, 2001
Subject: NOTICE OF INCOMPLETE APPLICATION
William Johnson
1008 West Bay Avenue, City of Newport Beach, Orange County
Coastal Development Permit Application 5-01 -229
Dear Mr. Steele:
v -
IWit "d,& fl, 4 /o
0�d
Commission staff received the subject application on June 18, 2001. The proposed project is to
build a 70 foot long by 3 feet wide seawall at the U.S. Bulkhead line to eliminate erosion of the
property and protect against further damage to the neighbor's boundary walls. Please accept this
letter 2s notice that the subject application is incomplete pending receipt of the following:
1. 71,e seaW211 as proposed raises a substantial issue with Section 30233 of the Coasl-al Act,
w7idh discusses permitted uses that would require diking, filling or dredging of open CO2St2l
waters.
Section 30233 of the Coastal Act in relevant part states:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes
shall be permitted in accordance with other applicable provisions of this division, where
there is no feasible less environmentally damaging alternative, and where feasible
mitigation measures have been provided to minimize adverse environmental effects, and
shall be limited to the following:
(/) New or expanded port, energy, and coastal -dependent industrial facilities,
including commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing
navigational channels, turning basins, vessel berthing and mooring areas, and boat
launching ramps.
(3) In wetland areas only, entrance channels for new or expanded boating facilities;
and in a degraded wetland, identified by the Department of Fish and Game
pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction
with such boating facilities, a substantial portion of the degraded wettand is restored
and maintained as a biologically productive wettand. The size of the wetland area
used for boating facilities, including berthing space, tuming basins, necessary
navigation channels, and any necessary support service facilities, shall not exceed
25 percent of the degraded wettand.
(4) In open coastal waters, other than wetlands, including streams, estuaries, and
lakes, new or expanded boating facilities and the placement of structural pilings for
public recreational piers that provide public access and recreational opportunities.
5-01-229 (Johnson)
Notice Of Incomplete Application
Page 2 of 4
(5) Incidental public service purposes, including but not limited to, burying cables
and pipes or inspection of piers and maintenance of existing intake and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except in
environmentally sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant
disruption to marine and wildlife habitats and water circulation. Dredge spoiTs suitable for
beach replenishment should be transported for such purposes to appropriate beaches or
into suitable long shore current systems.
Or. the submitted project plans, there is a drawing of a typical bulkhead section. This section
drawing shows that the bulkhead will be tied back and anchored to a deadman in an area that
is between the proposed seawall and the landward edge of the property. The submitted
topography map shows an approximate current elevation of 4 feet in this area between the
proposed seawall and the landward edge of the property. The proposed seawall is to be at an
elevation of 9 feet. Will the proposed project also consist of fill of the area between the
proposed seawall and the landward edge of the property? Please explain.
2. The proposed seawall also raises a concern with Section 80235 of the Coastal Act, which
states that seawalls may only be constructed under specific circumstances, such as to protect
existing structures.
Section 30235 of the Coastal Act states:
Revetments, breakwaters, grains, harbor channels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline processes shall be permitted when required to
serve coastal -dependent uses or to protect existing structures or public beaches in danger
from erosion, and.when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply. Existing marine structures causing water stagnation contributing to pollution
problems and fish kills should be phased out or upgraded where feasible.
The materials submitted with your application do not substantiate the need to construct a new
seawall. Please provide a study prepared by an appropriately licensed professional (i.e.
engineer with expertise in coastal processes) which substantiates the need to construct a new
seawall. At minimum, the study must answer the following questions: Why must the proposed
seawall be constructed?; How will the proposed seawall mitigate the circumstances, which
requires the seawall to be constructed?; How will the proposed seawall affect coastal
processes, including impacts upon shoreline sand supply? The project description states that
the proposed seawall will protect against further damage to the neighbor's boundary walls.
Please explain the damage that is occurring. Please also locate the affected boundary walls
on the requested site plan discussed further within this letter. Also, will the proposed seawall
be connected to any existing seawalls located adjacent to the project site? In addition, the
study must provide an alternatives analysis which explores options other than the proposed
seawall including at minimum, no seawall. Please also reference the attached memorandum
titled Applicants for Shorefront Development.
5-01-229 (Johnson)
Notice of Incomplete Application
Page 3 of 4
3. Through written narrative and drawings please explain how the proposed seawall will be
constructed.. How will the proposed seawall tie in with any seawalls -on adjacent properties?
4. Please provide full size plans (i.e. 1 " = 4 feet to 1 " = 8 feet) prepared by an appropriately
licensed professional which provide construction details of the existing and proposed seawall,
inc!uding plan and profile views. At minimum, show the length, height, and width of the
proposed wall; the location of any proposed tie back system; the sand profile and location of
the mean high tide line; and the condition Of adjacent seawalls (i.e. height, etc.). Please be
sure to show and clearly label all elements of the proposed project including all proposed
structures (ex pier, ramp, dock, etc.). In addition, please submit a full size scaled site plan that
shows the footprint and property lines of the existing structure, footprint and property lines of
adjacent structures, the proposed seawall, pier, ramp and dock outlines and also adjacent
outlines of similar docks, bulkheads, seawalls, etc. Full size scaled plans are needed to
thoroughly evaluate the proposed project,
The proposed project will result in a new seawall constructed at the U.S. Bulkhead line. The
seawall may impact the biological productivity of the area. Section 30230 of the Coastal Act,
states that marine resources shall be maintained, enhanced and where feasible restored. The
submitted application did not include a biological study of the project area. Please provide a
biological study, which evaluates any impacts the proposed seawall will have upon biological
resources, including impacts upon any eelgrass in the vicinity of the proposed project. If there
are any impacts upon eelgrass, you will be required to prepare appropriate surveys and
mitigation plans in consultation with the California Department of Fish and Game and in
conformance with the Southem Califomia Eelgrass Mitigation Policy.
6. The submitted project plans show that the new seawall would encroach past the property line
and into public land. Thus, the proposed project may require approval from the State Lands
Commission because the new seawall may be located on land that is held in the Public Trust.
Please submit in writing from the State Lands Commission, their evaluation and determination
regarding the proposed project, or verification that no review is necessary.
7. You have stated that the U.S. Army Corp of Engineers (USACOE) permit has been applied for
regarding the proposed project. While review and approval of the proposed project from the
USACE is not a filing requirement, if such review and approval is necessary please submit
copies of any correspondence you may receive from the USACE. In addition, you may be
required to obtain approval for the proposed project from the Department of Fish and Game
(DF&G). Please submit written evidence of review and approval of the project from the
Department of Fish and Game or a statement from the DF&G that no such review and
approval is required.
8. Please submit reduced 8.5" x 11" copies of your project plans and any plans you plan to submit
in reference to this letter.
Please do not limit your submittal to the above mentioned items. You may submit any information,
which you feel may help Commission staff gain a clear understanding of the scope of your project.
Upon receipt of the requested materials we will proceed with determining the completeness of your
application.
M
5-01-229 (Johnson)
Notice of Incomplete Application
Page 4 of 4
Thank you for your attention to these matters. If you have any questions, you may contact me at
(562) 590-5071.
Sincerely,
F rnie Sy
C Co st I P
oastal Proor Analyst
Attachments: Applicants for Shorefront Development
H: kfsy\Lette rski n corn p lete\5-01 -229-(J o h ns on) N B
STATE OF CALW0"4A-r#* NUMMaS AGOCY PETE VvILSON. to~—
O'_
CAUFORNIA C ASTAL COMMISSION
'AN RANCOW. CA "105019
0,06a "Q =0 (4151
December 13, 1993
TO: Applicants for shorefront development
FACK2 Ccimmission Staff
SVWZ=3 Information needed before your application can be riled
To ensure that applicants have the legal ability to go forward with projects
On Or In close Proximity to sovereign (i.&.t state tide and submerged) lands
or navigable waters (i.e., appear to be within the area encompassed by the
C-comissions sr*d lines* maps), the Coastal C=nission must have a writtsn
determination from the State Lands C=nission whether it asserts that a
development either encroaches onto lands seaward of the Mean Sigh Tide Lins
(XWM) or onto lands where the public easement In navigable water may exist.
If such encroachments do occur, , evidence must also be provided that the State
Lands Commission has appro. such encroachments.
The Coastal Commission has also be,,,-@ increasingly concerned about the effect
on beaches of seawalls and other:'shcre.and bluff Yrotective devices. Because
protective devices way -cause erosion, and may cover beach areas, public use
and access along the shoreline can be adversely affected. Preventing or
RitiqAting such loss of.,access and recreational opportunities -is a principal
responsibility of the Coastal Ccomission. The Catmission is also concerned
about shcrslinG issues such as impact of projects an adjacent properties,
visual Impacts of protective works, and allowing protective devices only if
adverse affects are eliminated or sufficiently mitigated. Thus, the
C=nission requires detailed technical information regarding the proposed
project's likely impact an the beaches and tidelands.
To assist the Commission staff in filing and processing an application for a
development which is On Or In Close proximity to tidelands or navigable
waters, pleas@ provide the following information:
For a project that falls within the area delineated in the Commission's
redline maps, I an application cannot be f ilod until the SLC determines
whether it asserts that the development encroaches onto sovereign
lands. A determination will also be required from the SLC whether it
asserts that the development Intrudes into an area covered by the public
easement in navigable waters. It is the applicant's burden to establish
that there is no encroachment. The SLC charges a f as for making this
a The mrad linew corresponds to the Orstained jurisdiction" line on post
certification maps and on draft upost cartm maps available in the Cor=ission's
offices.
-2 -
at a
tiOn,.,znQt,..to,, ?cq"d - iti -cost. Applicants should contact��
u
0 a a Lan a ission's Coast' 1 � 4�
A zDevelopment Project'Co6rdinatorf
1807 13th Streetf Sacramento, CA 95814',"(916) 323-2694, for in'formatic
an Procedures and costs for Obtaining boundary determinations. a
Coastal dovelo.Mqnt vermit 1221ication cannot be deeme , late for
d com
l this SLC determin-ation his -been submitted to the
2. Prolict Plans
Plans for shoreline projects must be prepared or certified by a
registered Professional engineer with expertise in shcrsline processes.
NOrmAllY, this mans a civil OnginsOr Or engineering geologist. on
Occasion, this can be a structural engineer or soils engineer if he/she
has "rience in C_cAstAl engineering.
The submitted plans for all projects should show the project footprint
iz relation to -the -applicant# s property boundaries. The plans should
also show the locations of all XHTLg identified through surveys and the
location of any boundaries in the immediate project vicinity to whic.6%
the State Lands Commission has agreed.
If the PrOJOC-t- aztends Onto an adjoini.-ng property, the applicant must
show a legal right to use the adjoining Property, and the adjoining
Owner must be invited to apply as a co -applicant.
3. Informalion ngod-s—for crotect iva- works
In the case of shoreline PrOtOctive works, &,.parm&nent surveyed
benchmark should be shown on the plans and eftablishod on the site for
future Project -maintenance and monitoring. This,bencbmark 4hould be in
relationto,ths standard I a f KGVD INatiOnal-Goodetic Vertical Datum). A
map Showing beach COntours at -1 foot intervals should also be provided.
Construction -,access shou Id be --i,dentifi*d with any special considerations
otod.
gectachnical.report -must be prepared by a registered professional
nqLnear or engineering geologist for , Al , 1 shoreline PrctaC=iv* works.
For small projects (for ej�anijls, adding 'am@ 500 Cu. yds. Of rock to an
existing rip -rap wall above the too and the beach) a short letter report
may be acceptable. If a Prior thorough investigation has-been done,
only an update may be necessary. For most shoreline projects, however,
a full report:that is prepared according to the �standards set by the
Division of Mines and Geology, (900 Note 044, Guid4lines for Preparing
Znqi.n"r:Lng G*clogy Reports; copy'available upon request) will be
required.
Other information no*dodl for protective -works include the tallor . wing:
-182-
and methodology used f0r nuch
-3-
Xax4zm,- expected wave height
Frequency of overtopping and verification that the structure in designed
to withstand storms comparable to the winter storms of 1982-83
Normal and Maximum tidal ranges
ZrO8LOM rate with/without protection device
Zff*ct Of structure on adjoining property
Potential for, and effect of, scouring at bass
Design life of structure and maintenance requirements
Quantification of loss of sand to the beach because of the amount of the
ax=ri.nq of a bluff face
Alternatives to the project and to the chosen design. Project
alternatives include, but are not limited to: no project, relocation of
the threatened structure, beach nourishment, etc.
0
Zffsc'6- of structure upon public access to and along adjacent public
tidelands
Locations of any required staging areas and the technique of construetion
In acme cases, provision of a monitoring program for the' life of the
project will be requized. Such a program . shbuld evaluate the
effectiveness of the structure, and the expected impacts of the
structure on nearby beach areas (i.o., change in beach profile), and
proposed methods for dealing with those impacts.
Applicants should also be aware that due to the impacts of a protective device
an beaches, the C=nission may require 50" type Of mitigation if adverse
impacts are expected. On@ typical type Of mitigation condition is a
requirement for an offer to dedicate a lateral public access easement for that
portion of, the beach seaward of the approved protective device. . But there may
be other mitigation requirements such as contributions to programs that
provide for nourishment of beaches.
If you have any questions about the content of this informational memc, or the
C=nission procedures in general, please don't hesitate to contact your
nearest Coastal C==Jssicn office.
504BA/vam
STATI
OF CAL"hu—" KsaAas AC-84cy
PM VALqC>4, rp- 0
CALIFORNIA COASTAC'"COM MISSION
'IS Pff...04CW, SUrM 2=
"IX ML&W=. CA U105.=19
A= APO MO (AIS) %&MW 9
13, 1993
Applicantz for shor2fr=nt develop=*=-,
r2tcx: C--=-4zsicn staff
S Inforrination nee-ded'before your application can be flied
C
To ensure that &P-rlizzntx have the legal ability to go forward wit -1, ;r=jec--z
C= or in close p==I-Ity to saversig= (i.e., stat3 tide and gu�:=sr;sd) land=
c= navigable watxrz (i.e., appear to be withi�= the azza anc==-,assed bv the
AL&PS), the C--Asr-Al C=c=ission =sr- have a writ',=Z=
f--= the State Lands c==isxicn whet.,%ar it assgr-_z that &
dxvsl=;:=O=t either Onc=&C-hed onto lands seaward of the mean E -4;h Tide L—Ina
or onto la-_dS Where thM public easement in navigable Water Z&V GX43
1! such 4Lnc=cachzmnZz do cc=.%r, evidence must also be prcvidsd that the , Star -a
Lands C==42nicri h" approw such encroachments. -
40%
Me Czastal Commission. has also become inC*rUa4sinqly czncarn&d about the *:f:!nc--
on bOAchas of Seawalls and cth*r-_shcr*.azd bluffRwotective devices. Because
;rztac-tive devices may -cause erosion, and may cc;*r beach areas, public use
=d &ccads along the shoreline can be adversely affaczad. Preventing or
s"iqAtinq such loss Of. access and recreational opportunities -is a principal
res7cnsi.bility of the Coastal C=missicn- The Commission is also Concerned
about shoreline issues such as impact Of projects on adjacent proportiss,
visual impacts Of PcctO=iT* works, and allowing protective devices only if
adverse affec--x are eliminated or sufficiently mitigated. Thus, the
Commission requires detailed technical information regarding the proposed
project's likely izpac-- on the beaches and tidelands.
To assist the Cammission staff in filing and processing an application for a
development which is on or in close proximity to tidelands or navigable
waters, please provide the following information:
For a project that falls with'?, the area delineated in the Commission's
'iedline maps, I an application ca==t be filed until the. SLC determines
whether it assertx that the deval nt OnCrzaches onto soy reign
lands. A d4tarmination will also be required from the SIZ whether it
asser"-2 that the development intrudes into an area czvgr*d by the public
easement in navigable waters. It is the applicant's burden to establish
thAt there is no encroachment. The SLC chargen a fee for making this
0 The are'd lin0o czr=OgPcnds to the 'retained jurisdiction- line on post
cartification maps and an draft opost cart, maps available in the C==ission's
off i Cos.
2.
Or-hor
determin&tion, --not -to --exceed
�= �=- --::X u cost. I Applicants 'Should contact
the State Lands Comissionis cc r'b "
as A ev lopment Proje�tCO6-r
1807 13th Stree e d1nator,
t, Sacramento, CA 95814, (916) 323-2694, for in'formatic
on Procedures and costs f or obtaining boundary determinations.
C12a"Al 462910-0ment permit application cannot be deemed C*MO
fili -- stj for
1C Mrvosoy until thil Stc detemination his been vu�mittsd tc the
Ccas:al r.-=issicn.
pr2l sc-, 21, Ans
Plans for shoreline projects =st be prepared or cart-I!i4od by a
rsgistarad professional engineer with expertise in 2hcr2lins'pr--cas mos.
Normally, this means a Civil engineer or engineering gacicqixt. CM
occasion, this can be a at--Uctural engineer cc scils engineer if h@1shs
has "risnes in coastal engineering.
The zut='ttad Plans for All PCCJ*C--s should show the project f=cz=-,--
in relation to the -applicant's property boundaries. The plans sh-c'u-Id
also show the locations of I all XMMs identified throu# surveys and tha
location of any boundaries LM the i=sdiats p—.-jec-_ to whi--!%
the State Lands C==Jssicz% has agreed.
If the P---Jsc-- extends onto in adjoining przparz., the applicant =zt
2hCW & lega_l right to use the adjoining przper-,, and the &djci=4--
Owner must be izvitad to apply as a co-applic�2?1=. *15
1nf==&tjCn 1Cr=,t*=4VV works
I= the else of shoreline protactire works, "z=&Mnt sucTeyed
b0mchaark shculd be shown on the plans and sft'Lblished on sit* f r
the r
fUtUrs project -maintenance and.mcnit.orizq. -'This -benchmark.shculd be in
r2lAtiCn ZZ the standard of WJV '(National Geodetic Vertical D&t'=). A
map showing beach Contours at -1 feet intervals should also be provided.
Cznst=`UC:tic= -access should be -identif i*d with any special Considerations
nozad.
A qectschnical report -Must be prepared by a registered profossiona!
engineer or 6n9in*Qrinq'7&cloqizt for.all shore . line protective works.
For small projects (for exa=pla, adding scme 3ce au. yds. of rock to an
existing rip -rap wall abc-in the to's and the beach) a short letter reper---
may be acceptable. If a prior thorough investigation has'been done,
only an update may be necessary. For most shoreline Projects, however,
a full report:that is prepared acczrdinq to the �standsrds set by the .
Division of Mines and G*ClcqY, (20* Note 044, Guidelines for preparing
Ingin"ring Geology Repc . rt . z; - c . opy'av&il&bla upon request) will be
required.
information needed for Protective "works include the f cllcw:Lng:
Design wave height -and. design constraints, and methodology used for such
calculations
7.
-182-
-3-
Maximu- expected wave height
7zaquancy of evext-cpping and Terificaticn that the stz'jcturs is dasigned
-:z withstand stor--x ccmPar&ble to the w-Intar st==s of j9sz-e3
:�cr=al and Ma.=4=,- tidal ranges
Izzzion rat2 with/without prztect-ion devica
Zffact of st="Jc--'I=a on adjoining pr=par:y
P--tantial f==, a. -%d el!ac-- of, ac=4r4-9 at base
li!2 of stz--z=u=x an---' maLitanancz
Of loss of sand t= the beach because of &=cU,=M c! ths
X--==�Lnq of a bluff faca
;��tszrAtiv`@s t= tha Pr=tect- and t= the C�'cser, dasign.
Z'tarmativas Lncluda' Lnut &=2 nct t=: nc r2-'=Czt-4== =f
t-na th--zataned at=--Ct-Zr2' beach ncurisiment, at=.
a
X!f2c-- of UPC-% 71-Itlic ac=293 tz and al==g ad-�ac2nt
7 ---cations of any required staginq areas and the tachnicr-,@ of
sc=e cases, pr --vision of a mcnit=ring r,.r=qr= for th' 1-4-10 of the
p=joc-- will be raf'-U—Ired. Such a pr=q--am aftuld avalua:a the
eff&C-'Vena" Of the gt=ZC--'=R, and the aX-r-QC--&d i=P&C--3 C! t�h*
St=4c--Uzs on neaxt:Y beach areas (i.e., change in beach and
pr--I=sod metthc>ds for dealing with those im:pac--s.
A;plicants should also be aware that due to the J=p&c.--_z of & ;rctac-4ve dav4ca
on beaches, the Cz=issicn may r*quizu BMW type of mit4gat-ion if adverse
i=pactz &=* expec-ted. One typical type of mitigation czndition ix a
roquizra=ent for an offer to dedicate a lateral public access easement !=r that
;c=--icn of- the beach seaward of the approved ;rztac--ive devica. , 3u': there may
be other mitigation requirements such as czntributions to ;=cgra=x that
PZovIde for nourishment of beaches.
If you have any questions about the ccntant of this info=ational memo, or the
Cc=ission procedures In general, Please don't hesitate to c=ntac-- your
nearest Coastal C=mission office.
504BA/vam
FROM ; NEWPORT 4;UT I CRL MUSEUP1 FRX NO. : 349 675 98S4 213 23PIO 11: 47RM PI
FACSIMIT U,
1 -j -LW
r.'�X #: 1:� 7 --� - -4 n C.. C
D'�TE: 11-28-,00
ATTENTION: __'Iony Melum
FROM: 1008 W- Rau M"- Hillia= Johrison
SUBJECT & MESSAGE,:
Address:
Pacific Coast
Hwy,
Ne'��ort Beach. CA U5.,k
912660
Located a�;oarr� the
111'Ide of New-pon
Tolly, I as wellas you have been trying to
Aji-) de cv� "ver at
the Back Bay Bridge
determine 'the status of the above address
Phone Numbers:
non existing sea wall. it would helP if you coul I d
General Inf-ormatior,
write a short note to Mr. Johnson. Would you please
949/673-7863
i
Administratioll
let him know that after checking all city z�ecords
949/675-6915
that there has never been a sea wall and what
Fax
he will need to do to apply for a wall. Is there
949/675-8864
any special requirements because his property
Rese�7,,ation axtension
is adjacent to the public beach. I know how busy
350
y -
au are but Mr. Johnson has been getting conflicting
-Accounting Extension
106
accounts from the real estate acjents.
Curation F-,-,ftension
Thanks
108
Marshall
Education Extension
107
Facilities Extension
104
No, of Fages Including Cover Sheet
0
join us in our Grand Salon for our
Winter 2000-2001 Exhibit:
WIND, WATER AND LIGHT;
THE EEGA CY OF REX BR4zVD T
November 18, 2000, thru February 28, 2001
BUYER'S NAME ADDRESS OF FACILITY: PERMIT #
William R. Johnson 10, West Bay A-venup
MAILING ADDR ESS TELEPHONE NO. FEE I CHECK NO. DATE
1 116191" � /()—
APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT
OCHD Norman B. Williamson William R. Johnson
SEL ME(S) BUYER'S NAME(S)
ENG F NAME BE TYPED)
COUNCIL F1
PUBLIC WORKS AT EOFS ER SGN OF BUYER
DEPT.
ESCROW
SIGNATURE OF SELLER
SIGNATURE OF BUYER
INSPECTTION
SIGN�A;TU OF JOII 0
APPL ON
NER
VE
(DATE)
�'
dOWMITOR WrECTOR
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE
17 OR THE MUNICIPAL CODE
CITY OF NEWPORT BEACH, CALIF. WX FORm 66-1013 R�.
CITY OF NEWPORT BEACH
October 17, 2000
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mariners Escrow
190 Newport Center Drive, Suite 250
Newport Beach, Ca 92660
Re: Pier Permit 11610081 for 1008 West Bay Avenue, #19342
Dear Sirs:
The City of Newport Beach Marine Environmental Management Division has inspected
the pier and float for the above-mentioned property and has found that it meets the City
standards.
The pier permit will be transferred once we receive the Transfer Application Card signed
by both the Seller and Buyer and $171.50 balance for the transfer fee.
If you require ftu-ther assistance in this matter, please call 644-3043.
Sincerely,
Wes Armand
Harbor Resources
3300 Newport Boulevard, Newport Beach
1000400
Cl-,�Yl OF Nr:,WPORT BEACH, CALIF. -1.1, X - -1013 RIEV.
70RM 62
IT
BUY&S':NAME(S) ADDRES,; l)F FACILITY: PERI
uY
F71: F 5��
STATUS SHEET
HARBOR PERMIT TRANSFER
LOCATION 61� PERMIT NO..,, _Z, 2
Sel I er Buyer
Cate Application Received:
Pate. Fee Received: -
Request for Inspection made by:
Escrow Co. Date
Escrow Officer Escrow No.
Address Phc%ne:
Date Inspection made:
Deficiency Letter sent: Deficiency corrected -
Transfer completed: Date,
Inspection:
1. Location Owe/
I We 14 -7 fizrko"" " 1/01"
3. Electrical:
4. Structural:
5.OTHER:
REMARKS:
Inspected by:
FL
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7V
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V C I T Y
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BUYERS' NAME(S)
�11-1. - - I . I - _4
T
ENG-:r��
ADDRESS OF FACILITY:
LOCATION 1008 West Bay PERMIT NO. 116-1008
Seller Bergt Buyer Galardia
Date Application Received: 5/12/86 Pate Fee Received:
Request for Inspection made by:
Escrow Co. Coldwel) Banker Date 5/12/86
.Escrow Officer Clare Escrow No. 5-4375
Address 2161 Sanjoaguin Hills Rd. Phone: 644-9390
Date Inspection made:
Deficiency Letter sent: Deficiency corrected:
Transfer completed: Date
Ke, -inspection:
1. Location
3. Electrical:.
'Q 71
4. Structural:
. . . . ................................ . ...
5.OTHER:
REMARKS:
Inspected by:
C/ 7- )-el -
f:5)PO r- 1, 1, 5� : . j"1,40'-e,7p
7'o 4—g
Li 4. CA
41 D
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CITY OF NEWPORT BEACH
March 12, 1987
John Galardi
1008 West.Bay Avenue
Newport Beach, CA 92661
Dear Sir:
The City of Newport Beach has received an application to transfer
-1008...JOr the property located at 1008 West Bay
pier permit.# 116
Newport Beach, California.
was %spected on 3/11/87 at which time it was determined
The structure
that the following deficiencies exist:
We are transferring the.pier permit at.this.time.
2. We are calling.your attention to the electrical outlet on the fl oat .
which is broken,,leaving exposed wires. An unsafe condition:exists,�,:
in this instance.
3.
4.
5.
-In accordance with Section 10-D of the City Harbor Pemi t Po I ic-i es--:
"'All structural deficiencies must,be corrected....*.*% it will be
cted. A permit for any electrical or
necessary for these to be corre
-plumbing work must be obtained from the Building.Department of the -City.
-All other work requires a -Harbor Permit.,
Please advise this department when the above deficiencies have been
corrected.
If you have any questions, please contact,me at 644-3044. Thank you
for your cooperation. C11
Sincerely,
..........
Tony ;7,m9
Tidelands A&inistrator Beach. California 92663
City Halle 3300 Newport Boulevard, Newport
..... ....... ... . .
March 3-, 1987
John N. Galardi
1006 West Bay Avenue
'Balboa, CN,92661
Re: Harbor Permit 0116-1008-1
Dear Mr..Galardi:
The above Harbor Permit has not been transferred to your name.
I enclose a,letter dated June 2, 1986 pertinent to th.is
transfer.
Please let us know when the deficiency has been corrected. We
will then re -inspect the subjectrequirement and the transfer can
be effected.
Sincerely,
Tony Mel6m
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
Ll
"ACH
4
CITY 01'NEWPORTBE
C�
�June 2, 1986
Coldwell,Banker Escrow
Attn: Clare
Dear Sir:
The City .()f Newport Beach has received an application to transfer
pier permit # 116-1008 for the property located at 1008 West Bay Ave.,
Newport Beach, California.'
The structure was inspected on�5/30/86 at which time it was determined
that the following deficiencies exist:
1. A city -approved anti -syphon device is re I qui . red at t he,water connection
to the pier and float.
2. All else is OK. Let us know when this requirement i's met.
3.
4.
5.
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected.... .", it will be
necessary for these to be corrected. A permit for �ny electrical or
plumbing work must be obtained from the Building Department -of the City.
All other work requires a Harbor Permit.
Please advise this artment when the above deficiencies have been corrected.
Another inspection wV-1 be mad69 and if the deficiency is solved, it . will
then be possible to transfer the pier to the new owner.
if you have any questions, please contact me at 644-3044. Thank you
for your cooperation.
Sincerely,
Tony Meldm.
Tidelands Administrator
I LA] - 3300 N(-%%-I)()t-1 Botllcvai-d. Ncwporl Beach. U.111101 -111a 92663
PUPE
RCEDED
I S:ON/NXW c
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A L
State Of California, George Deu.Kmejian
,.Governor
California Coastal Commission
South Coast District COASTAL DEVELOPMENT PERMIT NO. 5-83-248
245 West Broadway, Suite 380
P.O. Box 1450 Page I of 2
Long Beach, California 90801-1450
(213) 590-5071
On May 24, 1983 —, The California Coastal Commission granted to
Neil Bergt, 1008 W. Bay Ave., Newport Beach, CA 92663
this permit for the development described below, subject to the attached
Standard and Special conditions.
Relocation and revision of a private boat dock.
SITE: 1008 W. Bay Ave., Newport Beach
Issued on behalf of the California Coa
7M POW IS NOT VALID
VN= AND UM A COPY OF THE MIT
UN X WAM MWMXDM HAS
an KYWO To TW WME
Executive Director
and
DHP/mm
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
Date Signature of Permittee
5/81
Coastal Development Permit No. 5-83-248
Page 2
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of
Uie pemit, 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 construction has not commenced, the permit will expire two years from the date on which the Commission
voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of
tine. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for
permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the coffrnission.
5. Inseections. The Commission staff shall be allowed to inspect the site and the development during construction,
iubject to 24-hour advance notice.
6. Assi�nment. The permit may be assigned to any qualified person, provided assignee files with the Commission an
affadavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the
Commission and the permittee to bind all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS: None
TURA M
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ITY HAL� DEPARTMENT
33M NEWPORT BLVI
NEWPORT BEACH. CA 92683
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--77==77
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
IN REPLY REFER TO
SPLCO-R February 3, 1983
Mr. Steve Barrett
.Gillis and Derby, Inc.
2806 La Fayette Avenue
Newport Beach, California 92663
SUBJECT:, Construct and Install a New Pier, Ramp, and Slip Float
for Neil Bergt
Dear Mr. Barrett:
Thank you for your letter of
-January 26,,,1983 notifying us of your
intent to construct and install a pier, ramp,and slip float at
1008 West Bay Avenue, BlQck'5'1, Tract 626.
Your drawings have been reviewed and generally conform to the provisions of
General Permit GP004 for privately owned boat docks
in Newport Bay.
Providing you have complied with State -and local -laws you may proceed with the
work,
Your proposed work has been assigned,General Permit No. GPo04-148
If you have any further questions, please feel free to call our Regulatory
Branch at (213) 688-5606 and refer to this number. A copy of the General
Permit is inclosed.
Sincerely,
J. P. FAST
Chief, Construction -
Operations Divi i
won
Enclosure
LA FL 537
JUN 82
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
SPLCO-N General Permit GP004
Newport Bay
1 November 1977
TO WHOM IT MAY CONCERN:
The District Engineer, Los Angeles District, Corps of Engineers announces
the issuance of a general permit covering the installation of privately -
owned boat docks in Newport Bay, a Navigable Water of the United States,
as required by Section 10 of the River and Harbor Act of 3 March.1899.
This permit is issued in accordance with the provisions of 33 C.F.R.. 320,
322, 325-26 and, 328-29, titled, "Regulatory Program of the Corps of
Engineers" which provides that the District Engineer may issue a general
permit for activities which are substantially similar in nature, that
cause nly minimal adverse environmental impacts when performed separately
and have minimal adverse cumulative effect on the environment. Upon
issuance of ageneral permit, all..activities meeting the established cri-
teria are approved and will notrequire the submission of individual
permit applications.
This general permit also authorizes the modification and replacement of
existing boat docks but not the installation of new boat docks where none
exist in Dover Shores and around the perimeter of Balboa Island. Under no
circumstances will the general permit allow boat dock construction requir-
ing bulkheading, dredging, or filling below the Mean Higher High Water
(MHHW) elevation or in wetlands. Construction of a boat dock will not be
allowed across any beach designated for community or public use, unless.
the new dock will replace an existing dock and cause no additional encum-
.brances on beach recreation.
Typical drawings, depicting the most common types of installations that
are covered by this general permit,are included in this notice along
with a map showing those Navigable Waters.of the United States where the
general permit is applicable.
The general permit covers both existing and proposed facilities within
any of the private property boundaries shown on the attached drawings.
Individual boat docks that do not- conform to the established general
criteria will require a separate permit.. The general permit is not
SPLCO-N I November 1977
General Permit GP004
applicable to commercial or public marinas nor to structures extending
bayward of the pierhead line.
The general permit is issued for a period offive (5) years from the
effective date of this permit.
DEFINITIONS:
a. The term "navigable waters of the United States" means those
waters of the United States that are subject to the ebb and flow of the
tide shoreward to the mean high water mark (mean higher high water mark
on the Pacific coast) and/or are presently used or have been used in the
past, or may be susceptible to use to transport interstate or foreign
commerce. (See 33 CPR 329 for a more complete definition of this term.)
b. The term "wetlands" means those areas that are inundated or
saturated by surface or ground water at a frequency and duration suffi-
cient to support, and that under normal,circumstances do su port, a preva-
P
lence of vegetation typically adapted for life in saturated soil condi-
tions. Wetlands generally include swamps, marshes, bogs and similar
areas.
c. The term "adjacent" means bordering, contiguous, or neighboring.
Wetlands separated from other waters of the United States by manmade
dikes or barriers, natural river berms, beach dunes and the like are
adjacent wetlands."
SPECIAL CONDITIONS!
a. The permittee shall notify the District Engineer in writing at
jeast fifteen (15) days priorto the initiation of the work. This noti-
fication shall include the dock length, location of the dock by lot and
tract number, and the name, address, and telephone number of the per-
m *ttee.
b. The permittee shall comply with the City of Newport Beach and
County of Orange or other local authority in the construction and place-
ment of the dock.
c. Docks shall not exceed 800 sq ft of float or pier surface.
d. The permittee shall submit project plans to the state of California
Regional Water Quality Control Boardl Santa Ana Region, and shall obtain
approval from the Regional Board prior to initiation of any work authorized
herein.
2
SPLCO-N 1 November 1977
General Permit GP004
STANDARD CONDITIONS:
a. That all activities identified and authorized herein shall be con-
sistent with the terms and conditions of this general permit; and t�dt
any activities not specifically identified and authorized herein shall
constitute a violation of the terms and conditions of this general permit
which may result in the institution of such legal proceedings as the,
United States.Gover=ent may consider appropriate, whether or not this
general permit has been previously modified, suspended or revoked in whole
or in part.
b. That the permittee agreesto make every reasonable effort to pro-
secute the work authorized.herein in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental
values.
c. That the permittee agrees to prosecute the work authorized herein
in a manner so as to minimize any degradation of water quality.
d. That the permittee shall permit the District Engineer or his
authorized representative(s) or designee(s) to make periodic inspections
at any time deemed necessary in order to assure that the activity being
performed under authority of this general permit is in accordance with
.the terms and conditions prescribed herein.
e. That the permittee shall maintain the structure or work authorized
herein in good condition and in accordance with the drawings attached
hereto.
f. Thatthis general permit does not convey any property rights,
either in real estate or material,, or,any exclusive privileges; and that
it does not authorize any injury to property or invasion of rights of
any infringement of Federal,, State, or locallaws or regulations, nor
does it obviate the requirement to obtain State or local assent required
by law for the activity authorized herein.
g. That this general permit does not authorize the interference with
any existing or proposed Federal Project and that the permittee shall not
be entitled to compensation for damage or injury to the structures or work
authorized herein which may be caused by or result from existing or future
operations undertaken by the United States in the public interest.
h. That this general permit may be summarily suspended, in whole or
in part upon a finding by the District Engineer that iumediate suspen-
sion of the activity allthorized herein would be in the general public,
interest.
3
SPLCO--N 1 'KT-tr--Te- 10-77
General Permit GP004
i. That this general permit may be either modified, suspended or
revoked, in whole or in part, if the Secretary of the Army of his author-
ized representative determines that there has been a violation of MAY of
the terms of conditions of this permit or that such action would other-
wise be in the public interest. Any such modification, suspension, or
revocation shall become effective thirty (30) days after publication of
written notice of such action which shall specify the facts or conduct
warranting same.
J. That any modification, suspension, or revocation of this general
permit shall not be the basis for any claim for damages against the
United States.
k. That no attempt shall be made by the owner to prevent the full
and free use by the public of all navigable waters at or adjacent to
the activity authorized by this general permit.
1. That if the display of lights and signals on any structures or
work authorized herein is not otherwise Drovided for by Law- si
lights
and signals as may be prescribed by the United States Coast Guard shall
be installed and maintained by and at the expense of the permittee.
m. That if and when the permittee desires to abandon the activity
authorized herein he must restore the area to a condition satisfactory
to the District Engineer..
n. Thatthere shall be no unreasonable interference with navigation
by the existence or use of the activity authorized herein.
0. That permittee hereby recognizes the possibility that the struc-
permitted herein may be subject to damage by wave wash from passing
vessels. The issuance of this general permit does not relieve the per-
mittee from taking all proper steps to insure the integrity of the struc-
ture permitted herein and the safety of boats moored thereto from damage
by wave wash and the permittee shall not hold the United States liable
for such damage.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
HU ROB - DATE
Colonel
CE
District Engineer
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CITY OF NEWPORT BEACH LU!LW�N 4-lAf DATE -3-'-?,F
_—PUBLIC WORKS DEPARTMENT APPIR.IED_,
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT APPRJ��ER_-
AILAA .��BLIC WORKS DIRECTOR
�SM 'D fitFSILEA17 AL FWA7
W- (VIMAIMEZ6
4667
4=7711
Mike Hanley, Contractor for Bergt
M
OF 1008 West Bay
PHONE No. EXT.
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL WILL CALL AGAIN
CAME IN TO'SEE You URGENT
He ot the dredging permit in the mail. He wants
ESSACIE
to Now if Cit—y objects to his changing
contractors (to Intercoastal). I said the City
had no objection. Then lie says that the dock
shown on the drawing is inaccurate; he has rebuill
�the dock-sinrp this winter's storms- A.1so
Aredging.area a's drawn is inaccurate. The
dock is going to be,finished on.Monday and the
Areding is scneduieQ Tornex-E Friday. Plea-s-ecall
him if you s a p I roblem.
think therq3j
19, it
44-ne
February 14, 1983
V001 5D 83-02-04
Nr, Steve Barrett
Gillis and Derbys Ive*
2806 La fayetto Avenue
Nemport Beacht C41iforaia
Dear Nr. Barretti
sobjeetz Pylposed pier, xamp aud beat slip for Mrj Neil BOX&
at 1008 West Bay Avenue, Newport Beach* California.
The s,aff of the State Laads conwissioa has rerelw-,4 your letter
dated January 26, 1183, aad copies of tke permit drawi, MUM -
to the prqpaaed construction of your QUent"s 4ockina fag,,Ilitiea' in
Newport Day.,
This is to advise On the tide art submerged !aqds Over whic'h
the proposed project will extend are savereign,laods of the state
of California that the Legislature granted Q trUst to the City of
Newport Ba&aho Therefore, you va, pot apply to,the State Laodi CommissiM
for prjjeot authorization. You should, fiewever, apply to the CAVY
of Nemport Beo4h for any n"essary pe-mits or apprvvalw- Yoa shaald
its* zAply to ali ather agencies haviig approval aUMOMP
This actior does apt Constit-ate, nor $hall Vj� 'be construi
a waiver of any right, tftle* or irtterest by the $tate of California
to any lands under ita Jurisdiction.
Very truly yours,
.WDY "'DLO14
Gra'a't;e-d' LandS ROpte$,eiftLa'�;AVC,
(516) 40-7134
11 t,
cc*. California Coastal COW.Assio'n
South Coast IDIS'tric't
666 East "nean Boulevard, room 3107
Loag Beach, California 9OW11
,,o#fboobert L.. -Wlymo City Manager'
City of Newport rmmc4i
City, Hall
1
D-leurport Boubward
Newport beacho Califemia 92660
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STATUS SHEET
HARBOR PERMITS
LOCATION 14W New ---
pr
r-R111IT NO. 114� Revision—V-1
APPLICANT NAME I)e,-1 Dredging-.---
CONTRACTOR—
Date Rec 'v- Fee Amt. 113-- Fee Processed
Date Reviewed by Marine Dept. LI -f --,F 3
Approved Denied--
Corection.Required - Description -
City Council: Approved
Remarks
DATE MATERIAL SENYAPPROVED
C. 0. E. SCRZCC
1. Application
2. Consent Ltr. el
21-114,3
3. "Waste" Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
REMARKS
DATE FINAL INSPECTION
Denied
SA OR. CTY. I
g�,42,CB J�H.C.
BUYER'S N AME
`AbDRE'iS�S FA I ITY:,,!
4' C
PERMIT #
Williani" �-R Alohin'flpriI
MAILING ADDRES5;14�- -f
N
TELEPHO E NO. FEE
CHECK NO.
DATE
APPRovEb BY: DATE
APPLITT!ON IS-HERQlBY MADE TO TRANSFER HARBOR PERMIT
/�7"/, i �ak
OCHD
o i Williamnon
William R. Johnson
E I NG
SELLER' ME(Sj
BUYER'S NAME(S)
COUNCIL
(A �ES BE
TYPED)
PUBLIC WORKS
S� UATU t OF SELLE
SIGNATUR' OF BUYER
C7
DEPT.
ESCROW
SIGNATURE OF SELLER
SIGNATURE OF BUYER
INSPECTTION c)
IGNATURE 0 F JOI T- ER
APPL17CTICIN A F�OVE (DATE
CJ.T)rAARBOR INSVECTOR
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL
17 OR THE MUNICIPAL CODE
IN ACCORDANCE WITH TITLE
Avel
/L
0 CA
CITY OF NEWPORT BEACH, CALIF.
WX FoRm 66-1013 REv.