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M2014-0054
HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing dock and gangway in modified configuration. Address number must be stenciled on at least 1 bayward facing pile. rser conditions musg oe ssgnea oy appucant prior to tena0 approval. Property Address: 1226 W. Bav Ave. Legal Description: Harbor Permit Number: 116-1226 Plan Check Number: 2995-2013 Applicant: Pat Werner Applicant's Mailing Address: 1226 W. Bay Ave., Newport Beach, CA 92661 Phone Number: 949-548-5359 Shellmaker 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 t And find 'g They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should: Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources March 12, 2014 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 �' x2°pRr Worksheet for Building Combo Permit Application o� . r . City of Newport Beach - Building Division Comm'IResidential NnTP- Pl AN (HF:(' K FEE DUE AT TIME OF Sl, wK. C a"r ,Building f7 Grading Drainage r7 Elec Mech � Plum Cu Yd Cu &BEACH Project Address (Not mailing address) Description of Work Use 136:1V10\1E° REPLC�CF_ Ey_t-ST[tAC't -1)0C_K PIANO CtAj.-Iqu_)A� #Stories #Units (if Res) (l1 o o t ip1 e ID (2_ ol�i F 6 C, U fqn 1 I oo ---- -- ----------- - Valuation New/Add SF Remodel SF Garage/New/Add �- �a�®® pp Materia►/Labor , OWNER'S NAME Last j� g� ti► ��. First PRT Owner's Address Owner's E-mail Address JaaL- LJ BA,/ (-�,JfE�iL}E city �t �iPO� t 5E iq c_ l State Zip Ta t. (PI Telephone- APPLICANT'S NAME Last First Applicant's Address Applicant's E-mail Address ------ — -- ----- ---. — __ ---- _.-..._ City State Zip Telephone ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Architect/Designers E-mail Address City State -; Zip i Telephone ENGINEER'S NAME Last 'DESkq fA First Lic. No. Engineer's Address Engineer's E-mail Address C_lAIL-L0 (4Rf�A_ City �'Bye✓l�Rl� State �� Zip ��'7� 1 Telephone CONTRACTOR'S NAME/COMPANY C Lic. No. Class Contractor's Address Contractor's E-mail Address �sa i' t`�. 1,? ��RS T._- She4 3t� 1��'@sbc. bb� .l1�' -____- - -- - - -- -- -- - -- ----- _ C- -5 —C, ------- city Si /CIEs State [�(� Zip �a(n�rj Telephone _..—-----.__ ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH PIC FEE $ PLAN CHECK FEE $ DEVELOPMENT #21F5 - TOTAL FEES PAID $ CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH WEST N u BAY BALBOA ISLAND NWEWPOrKkr BAY REM Pd . 'k— OCEV PIBER ICINITY MAP B OA WEST Ne,poRr eff. CALFORNA JETTY 400 JEW PROJECT SITE Y91�0 Z as la 0 D. Lu cm c) .0 w Z Z o El 0 lu Lu a SCALE 1"=40' ELEVATION SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE APROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED IN THIS SECTION OF NEWPORT BAY. 70' E IF— 110' 6' 20' 6 28' 'b F -i i INSTALL 14" SQ. CONC PILES ti INSTALL Nf W FLOATING DOCK 4 EXISTI 4- PILE ' IN PL Lj ROC TED RE AT, 3'x20' GANGWA 12' _r, CONC.0 EXISTING ?LE REMAIN IN PLACE EXISTING PAER TO REMAIN IN PLACE 4' — PROJECT LINE PIERHEAD LINE 'T' CONC. REMAIN BULKHEAD LINE Z 1226 W BA Y A VE NEWPORT BEACH, CA cl� ct� Q- �a_ a Rmnins md ft&ewjAg swdem SITE PLAN For ifaribum and Watatmt Resaft SCALE 1"=30' APPLICANT'S NAME: PAT WERNER JOB ADDRESS: 1226 W. BAY AVE. DATE: 07 MAR. 14 CITY OF NEWPORT BEACH FINANCE DEPARTMENT 100 Civic Center Drive, Newport Beach, CA 92660 P.O. BOX 1768, Newport Beach, CA 92658-8915 - CASH RECEIPT Permit Number: 2995-2013 Project Number'. Today's Date : Dec 19, 2013 Receipt Number: R000042643 Job Address: 1226 W BAY AVE NB Description: REMOVE/REPLACE (E) DOCK, GANGWAY Owner : WERNER,PATRICK S FAMILY TRUST Applicant : LINDA/SHELLMAKER Date Paid: Dec,19,2013 03:28 PM Notation: WERNER Initial: JMS Description Payment Payment Payment Type Check Check FOR PLAN CHECKS ONLY: TARGET DATE: Total Paid: $666.00 Check Number Card Type 3385 8531 Tendered $660.00 $6.00 For status, please log on to www.newportbeachca.gov/building, and select PLAN CHECK STATUS or call (949) 644-3255 NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL Printing: Layout Page Werner rage I of I http://nbgis.newportbeachca,gov/gispub/nbmap/layout.aspx 12/20/2013 CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH _ NEWPORT O ^� BAY b� NEWPORT/� BAY PER P PSC oC,E,4/vpl ear \ UNITY MAP 'V vim TM NEWPQRT W. CN.IF'OF$itA EAST PROJECT SITEJErTY M SCALE 1"=40' ELEVATION SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE APROXIMATELY 10 FEET. -HARBOR LINES ARE ESTABLISHED W THIS SECTION OF NEWPORT BAY. 70' PROJECT UNE ( N PIERHEAD LINE ---Z�. --- —INSTALL (�14"-- ----- i SQ. CONC.) PILES � INSTALL Nf1N Q i FLOATING DOCK c iEXIST/ 'T' CONC. o - �4� PILE T REMAIN W i IN PLA E i co4REjOCATED �i j3'x212' EXISTING 'T' CONC. F(LE TO REMAIEXISTING PIER TO REMAII I 4' N BULKHEAD LINE - z 1226 W. BA Y A VE z i NEWPORT BEACH, CA i F SITE PLAN For Marian and Vataftvat Resorts SCALE 1"=30' APPLICANT'S NAME: PAT WERNER JOB ADDRESS: 1226 W. BAY AVE. DATE: 07 MAR. 14 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: 1226 W. Bay Ave., Newport Beach (common reference) 11 Survey Contact: Mark Site (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Permit Reference: Pending RGP 54 dredging permit. (ACOE Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.464' datum, accuracy level, W 117 54.996' attach electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelgrass was found at this site, but XXXX No, Eelgrass was not found at this site. Description of Dock construction and dredging. Place sand against Permitted Work: bulkhead. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +4' to -10' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate [7-in—esand to mud over fine sand type: IFTemperature: 64 F IF- Salinity: [�NA7 Dominant Light Enteromorpha growth throughout the survey flora: area. Blue -green algae and a small amount of Corallina. Dominant Mussels and oysters on piling, floats, and bulkheads fauna: Exotic None species encountered: Other site None description notes: Description of Survey Survey date October 28, 2013 1414-1500 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal 8' visibility in water: Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Reporting Form (April 2009) Survey type and Area was surveyed dry at low tide, and by SCUBA, assisted by an electric tow for the submerged area. methods: Eight transects were made through the proposed dredging site, and 30 feet beyond, that were perpendicular to the bulkhead. Three transects were made parallel to the bulkhead. IF -- Survey personnel: Mark Sites F-- Survey More than 80% 11 density: Survey NONE. limitations: Other Information: Project drawing, photos, site map, and aerial attached. (use this space to provide any additional +2.8' MLLW flood tide. information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) fly, IPA 71 jv./L 6A' --jell _Jll 1. v'_. •� �s._–_-Jl....�� !� 2.. \\ �,;���...,./ } �� \ /: -.t. �- ���s-•_�/ a ' * � ti�/":'Cf�T elf r� / RM LM Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: November 11, 2013 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: 1226 W. Bay Ave., Newport Beach (address or common reference) Site Coordinates: (UTM, Lat./Long., datum, N 33 36.454' accuracy level, and an W 117 54.995' electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second third survey for this project? Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the New dock construction and dredging. Sand placed against work to be conducted at the existing bulkhead. site under the permits identified above) Description of Site: Depth range: +4.0' MLLW to —10' MLLW Substrate type: Fine sand to mud over fine sand (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical Temperature: 64 F Salinity: NA Dominant flora: Light Enteromorpha growth throughout the survey area, with blue-green algae and a information). small amount of Corallina.. Dominant fauna: Mussels and oysters on piling, floats, and bulkhead. Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and October 28, 2013 1414-1500 Effort: time period: Horizontal 8' (please describe the surveys conducted including type of visibility in water: survey (SCUBA, remote Survey type and Area was surveyed both dry, at low tide, video, etc.) and survey methods: and using SCUBA with an electric tow for methods employed, date of work, and survey density the submerged areas, (estimated percentage of the bottom actually viewed). Eight transects perpendicular to the bulkhead were made through the dredging and construction sites, and 30 feet beyond into the channel. Three transects were made parallel to the bulkhead in the approximate depth range of -2' to -6' MLLW. Survey personnel: Mark Sites Describe any limitations encountered during the survey efforts. Survey density: Greater than 80% Survey limitations: NONE. Other Information: (use Project drawing, photos, site map and aerial attached this space to provide +2.8' MLLW flood tide additional information or references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) �13 Z 17 If I/ '71 co Q3 /// p , I tue, --sz- 1711 i 1A o4w, A at to HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 12, 2014 Property Address: 1226 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ...For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 10 '. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 28 '. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name Page 2 of 2 Date Date 1�,(�2 !W f HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 12, 2014 Property Address: 1226 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sunday's and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond, the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 10 '. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 28 '. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 V P V Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 2 City of Newport Beach Balboa Island: Public beach at North Bay 382 0 No Eelgrass Survey Front and Ruby Avenue 3/27/2013 (Expires 7/25/13); Caulerpa Survey 3/27/13 (Expires 6/25/13 Werner, Pat 1220 —1226 W. Bay Avenue 460 0 No Eelgrass Survey 4/3/2013 (Expires 8/1/13); Caulerpa Survey 4/3/13 (Expires 7/2/13 Channel Reef 2525 Ocean Blvd. 670 0 No Eelgrass Survey Community Association 3/12/2013 (Expires 7/10/13); Caulerpa Survey 3/12/13 (Expires 6/10/13 Segerstrom, Ted 818 — 824 W. Bay Avenue 390 0 No Eelgrass Survey 4/3/2013 (Expires 8/1/13); Caulerpa Survey 4/3/13 (Expires 7/2/13 Sullivan, Tim 1132 —1134 E. Balboa Blvd. 130 0 No Eelgrass Survey NEW CAULERPA SURVEY( REQUIRED 7/4/103)3Caulelrpa PRIOR TO COMMENCEMENT! OF DREDGING � survey 3/6/13 EXPIRED 6/4/13 Paullette, Peter 1206 —1222 E. Balboa Blvd. 540 0 No EelgrasZ(Expires 4/3/20138/1/13); Survey 4/3es7/2 Sub-total 6921 0 Year-to-date total 7154 0 7154 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. In addition; please note that this authorizatinn shall expire on March 31. 2014 and that all authorized work must be completed prior to that date. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark DelapIaine, California Coastal Commission Mr. Steve Estes, U.S. Army Corps of Engineers - 2(0 EW Pp CITY OF NEWPORT BEACH ` r HARBOR RESOURCES FOPt, ��� April 26, 2013 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 — Dredging Application Submittals Enclosed is the recent monthly batch of dredging applications for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit, $77 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 1220-1226 W. Bay -Ave- Werner 2525 Ocean Blvd.- Channel Reef Community Assoc./Jeanie Kelly 818-824 W. Bay Ave.- Segerstrom 1132-1134 E. Balboa Blvd.- Sullivan 1206-1222 E. Balboa Blvd.- Paullette Sincerely, Lisa Walters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 •Website: www.newportbeachca.gov/harborresources HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DREDGING APPLICATION CITY CHECKLIST Applicant Name: PaA wet—nt— — Project Site Address: 12—.2,0 --' 1 2.22 Ind Applicant address, phone number Agent & Contractor name, address, phone number (if applicable) ® Project site address I Assessor's parcel number ® Dredge site latitude and longitude ® Disposal site: ® Beach disposal latitude and longitude ❑ Ocean disposal LA -3 I� Purpose and final goal of dredging ® Method of dredging. Vessel and equipment description. Vessel(s) Captain, Dredging & Disposal Inspector ® Cubic yards dredged and disposed ( must be less than 1,000 cy.) ® Area impacted (in acres) ® If beach disposal, linear feet of affected beach area �1 Dredging and Disposal Operations Schedule [I Scaled drawings (plan view and cross sectional view) Site address Location within the Harbor 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.nevrport-beach.ca.us/HBR/ Dredging Application City Checklist Page 2 ® Location of existing dock structures Location of existing dock structures on adjacent properties �I Location of Bulkhead, Pierhead and Project Lines ® Dredge depth (limited to -7 MLLW with a 1' allowable overdraft) ® Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) Eelgrass Survey Survey for presence of eelgrass within 30' of the entire project area ❑ Yes ® No Eelgrass within 15' of entire project area. Project not permitted. ❑ If ocean disposal and eelgrass is located greater than 15' from the project area, then no further monitoring required If beach disposal and eelgrass is not located within 30' of the project area, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: Eelgrass Stamp . ® Caulerpa Survey I� Survey for Caulerpa within 30' of the entire project area ®. Grain Size Analysis ® (1) sample per I/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) Beach disposal: ® Sample(s) must be at least 80% sand, or; ❑ At least 75% sand and within 10% of the sand content of the receiver beach ❑ Ocean Disposal: ❑ Sample(s) must be less than 80% sand Project is over (check one box): ® City Tidelands Dredging Application City Checklist Page 3 ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area ® Check made payable to The City of Newport Beach ® Check for $77 made payable to Santa Ana Regional Water Quality Control Board Signed application Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Harbor Resources Division Dredging Application Regional General Permit 54 Corps File No. SPL -2011 -00249 -SME CDP 5-06-117-A2 & CC -031-06 Water Board Consistency Permit FYnirac hfimrrh Q1 )nld Applicant Name, Address, Phone Number: Pc,Werr\t,t' 0/14-1 693-0900 1X;Lb w. C30.1 ALte'- New ori- Beach CA 116 Agent & Contractor Name, Address, Phone Number: t`'lar S► {-es . 9'i9 X75--/071 P.o, $ox 5198 c'- is l ivoA CA g 2 b b Project Site Address:Assessor's Parcel Number: Ja�ao--ta.ab w 6Ay �� o4.-7 Z'�-2 d3 Dredge Site: Latitude , Longitude Disposal Site: Latitude � Longitude _._._ A Beach Disposal CI Ocean Disposal (LA -3): Latitude 33 31'00"N Longitude 117 5380"W urpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): 12Qs�-owe oLop M ¢-v 6occ s Nps R -e (n fvNc-. Cx1s4)' e6 k hems J of Dredging (Hydraulic, Clamshell, Tractor, etc...): N\AJt-a u. It r- & & Captain(s): o n I ji 6'' S u c o vt cel r ecX4 Q- � /�c� ►^ �C 5 � ?` e Operations Inspector: Operations Inspector: Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Yards Dredged and Disposed (Must be less than ea Impacted (in acres): 0-1-71 Beach Disposal, Linear Feet of Affected Beach Area: 1-78 -8 timated Quantity of Material Dredged from or Disposed Onto the Site LA)o 2 cSa ©)m Previous Activities; v%_ t j'l c 'edging and Disposal Operations Schedule: ®Q r M1 7'C, bo rO Va Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. Scaled drawings of the project and disposal areas (plan view and cross sectional view) A Site address 0 Location within the Harbor jzl Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) Location and physical dimensions of existing structures of existing structures on adjacent properties. Location of Bulkhead, Pierhead, & Project Lines ( Dredge depth (limited to -7MLLW with a 1' allowable overdredge) Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass; Eelgrass Survey- Completed by a Certified Eelgrass Diver A. Survey for the presence of Eelgrass within 30' of the entire project area (dredge & dispose site) B. If Eelgrass Is within 15' of project area, then the project will not be permitted via RGP 54. C. If ocean disposal: *Any eelgrass must be located greater than 15' from the project area *No further eelgrass monitoring is required D. If beach disposal: *If eelgrass is not present within 30' of the project site then no further monitoring is required. off eelgrass is present 15'-30' of the project area then pre- and post -monitoring is required. �Z] Caulerpa Survey- Completed by Certified Caulerpa Diver *Survey for Caulerpa within 30' of the project area (dredge and disposal sites) Grain size analysis •(1) sample per 1/4 acre and/or at least (1) sample at dredge site and (1) sample at beach disposal site .If beach disposal sample must be at least 80% sand ❑ Project is over (check one): City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area ❑ Linda Isle owners' approved area Check for $1,690 made payable to City of Newport Beach 1 Check for $77 made payable to Santa Ana Regional Water Quality Control Board Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Dredging is not authorized in certain areas of Newport Bay, including the Rhine Channel, portions of the West Lido Channel, areas west of Newport Boulevard, areas north of Dover Shores, portions of the Bayside Village Marina, Promontory Bay, and portions of the Balboa Yacht Basin. 11 Mo, k 5� h � (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117-A2 & Federal Consistency Certification CC - 031 -06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that 1 will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. 1 will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, 1 shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by March 31, 2014 after which a new authorization is required. I also understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday — Saturday) or on Sundays or holidays must be approved by Harbor Resources. Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be submitted to and received by Harbor Resources by the 1st Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. Applicant and / or Agent Signature Updated January 2013 Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 a RIv -7 gy. -b % fo .0 rye<u VICINITY nRr aw PWF 11. h` 4" -31' �s r aR�, cR uR iiv INGS IRE EXPRESKo IN FEET FWD DENOTE ELEVRTIONVS 39SED ON MERN LOWER LOW WRTER. acrt INSPECTION t� ® Eelgrass 't � � within 5' of project -= 7J acre, lgrass within 15 - ®'ofr®!74133.7.�f. $ZLNOel ass in piesarea 7 V p OL. Sign tore - Inspection ®ate & Time CGnce,a Et Seaw, t1 l;Z,36 RPR..ICRNT'S NAME os MC== rl�! 3073 Ri?ISS,-'��PLAN VIEW 1"31 u n MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 1226 W Bay SAMPLE COLLECTION DATE: 2/6/2013 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging 2/6/2013 A B DREDGE SITE RECEIVING BEACH Total Dry Weight of Sample: 256.59 grams (g) 137.01 grams (g) Analysis Weight (Split Wt.): 73.38 g 81.06 g Visual Description: A grey/brown fine sand with A light brown medium sand gravel & shell hash with gravel & large shell hash Fraction Fraction Fraction Fraction Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 1.14 g 2% 22.78 g 28% >2.Omm (> -10) #10 Sieve Sand Fraction: 70.61 g 96% 57.76 g 71 % <2.Omm >0.063mm (< -10 > 40) #230 Sieve Silt / Clay Fraction: 1.63 g 2 % 0.52 g 1 % <0.063mm (< 4 �) Outline of sample collection and analysis: COLLECTION Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, deionized water added, and mixed to desalt and disperse the sediment. The sediment is allowed to completely settle and the clear water is removed by siphoning. The sample is placed in a drying oven at 50°C and occasionally stirred until the entire sample is completely dry. The dry sample is transferred to a desiccator for cooling. The sample is disaggregated and a Riffle sediment splitter is used to evenly split the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction is processed through a # 10 U.S. standard sieve to remove the gravel/shell fraction of the sample. The material retained on the sieve is weighed and value recorded. The material passing through the # 10 sieve is wet sieved through a #230 sieve to remove the silt/clay fraction. The material retained on the sieve is transferred back into the glass container and placed back into the drying oven at 50°C. The remaining sample is allowed to completely dry and the material is weighed and recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting the gravel/shell and sand fractions from the total analysis weight. MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: 11 1220-1226 W. Bay Ave., Newport Beach (common reference) Survey Contact: Mark Site (949) 675-1071 mark1sites@yahoo.com (name, phone, e-mail) Permit Reference: Pending RGP 54 dredging permit. (ACOE Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.454' datum, accuracy level, W 117 54.995' attach electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelgrass was found at this site, but XXXX No, Eelgrass was not found at this site. Description of Dredge inside boat slips and under and around dock floats. Permitted Work: Place sand against bulkhead. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +4' to -10' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). SubstrateFine sand to mud over fine sand type: I[- Ir emperature: Ir IF- 11 Salinity: NA F- Dominant 7FExtensive bottom establishment of enteromorpha in flora: 11the intra -tidal zone Dominant Mussels and oysters on piling, floats, and bulkheads fauna: Exotic None species encountered: Other site None description notes: Description of Survey Survey date April 3, 2013 1610-1655 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal 6' visibility in water: Eelgrass Survey Reporting Form (April 2009) Eelgrass Survey Reporting Form (April 2009) Survey type Area was surveyed dry, at low tide, and using and SCUBA for submerged areas. A total of 15 transects methods: were made perpendicularly between the bulkhead and the main channel, with 5 going through the 2 slips and under the densely moored boats. The area bayward of the beach disposal area was also surveyed. Survey [MarkSites personnel: F- Survey More than 75% density: Survey Multiple deep keeled vessels in slips. limitations: Other Information: Project drawing and aerial attached. (use this space to provide any additional information or T MLLW flood tide. references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) 3 f JE7f.f �'r, '`y,. � •�j � �� � f!`• / �/:71C. ,ffSS .oi++A�aR f ntp �� _4 !`Y � ` ,��,�j--,tea\,�_,� \��r `�'�, ��'�'%.:.. ��r c •y� �'� t r . i �id. �t � a,..� v�- ��-- !>! \ V J � = 1 _ Y� .tee �-•ry \ ;. _ l �� � fP � �^" " (•„ a fa6f.'% `t+�`�7�, \ - ...J jJ�}� �{ 'I - ��.Y}.���,�'.'��. �' iUl{IJ�(J(J�I{/r � •"'\\,��• t /.aYT.* l.\ tiµ; - Y •...._._-1 "�J J� ff td � .. , U �'/` �,'�'�?! �`• t�f,%r.%l!!it`-_"�`�t 1, 1� '��r /( r //.�'�'`�"Y 1r illt.°�J/ ;r �.,, III ���ii ��II Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: April 4, 2013 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: 1220-1226 W. Bay Ave., Newport Beach (address or common reference) Site Coordinates: (UTM, Lat./Long., datum, N 33 36.454' accuracy level, and an W 117 54.995' electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the Dredging in and around two existing boat slips. Sand placed work to be conducted at the against existing bulkhead. site under the permits identified above) Description of Site: Depth range: +4.0' MLLW to —10' MLLW Substrate type: Fine sand to mud over fine sand (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 62 F Salinity: NA Dominant flora: Extensive bottom establishment of provide units for all numerical Enteromorpha in the intra-tidal zone. information). Dominant fauna: Mussels and oysters on piling, floats, and bulkhead. Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and April 3, 2013 1610-1655 Effort: timeperiod: Horizontal 6' (please describe the surveys conducted including type of visibility in water: Survey type and Area was surveyed both dry, at low tide, survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). methods: and using SCUBA for the submerged areas. A total of 15 transects perpendicular to the bulkhead were made between the bulkhead and the main channel, with 5 transects going through the two slips and under the densely moored boats. Area bayward of the beach disposal area was also surveyed. Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 75% Survey limitations: Multiple deep keeled boats in the slips. Other Information: (use Project drawing and aerial attached this space to provide 3' MLLW flood tide additional information or references to attached maps, reports, etc.) F-71 ...... ....... 64 48 �,11�-fid � r lk Vz Mir y�\»» CITE NEWPORT OF i�,.�: �� I J DRY � � � . t 71 t -b VLCINITY RP PMF ILEX I=31' MY, Cftllfwn y SMINGS ARE EXPRESSED Its ATE Qregtvti %3aat4s7 TT 1.+. 1 t}OcLCrL LGAASS y�� �`IM 1 1 / 0 Eelgrass within 1 ` of project � �.."'+ r //o /a C 3 /O `7 s� rp�, = O . ©7 / 4 c r CI elgr ss within 1 � .. ��3' cad proj�t u To 7`c� t S � 7.3.351. co it? e1 1c155 in i r . F -FA 49 �O t b e --r— —7 Bei ` aigr�st-Lir _ .__-_ Inspectimb .te Mm' LJLJe 3 7' ...ri..w. 60 r /rte (f "�' Cchc�e�e Sea W ti �OLI V,1" i" 31. �r� A�` 141?1 Jog D SSr .. IA m n HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: June 1, 2012 Permit Number: ** Property Address: 1226 West Bay Avenue, Newport Beach, CA 92661 ** Buyer's Names: Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: ** Seller's Signatures: . Joint Owner Signature: The Patrick & and 5/lary E. Werner Family Trust dated November 6, 1985 729 Via Lido Soud, Newport Beach, CA 92663 The Survivor's 'frust under tine Lnapman .army trust of iy/t, as to an undivided 50% interest„ The Non -Exempt .Marital Trust under the Chapnnan Family Trust of 1977, as to an undivided 26.051.2'Y6 interest„ The Exempt Marital Trust under the Chapman Family Trust of. 1977, as to an undivided 3.33631% Interest and The Credit Trust sunder the Chapman Family Trust of 1977, as to an ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 43040 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): July 27, 2012 *'"STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS, Inspection Date: ('9H Q— Reinspection Date: Fee Paid: Ch ck No.: Application Completed: Resources Stpn4ture/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: June 1, 2012 Permit Number: 11-6— { 2,2kp ** Property Address: 1226 West Bay Avenue, Newport Beach, CA 92661 ** Buyer's Names: The Patrick S. and Mary E. Werner Family Trust dated November 6, 1985 Billing Address: 729 Via Lido Soud, Newport Beach, CA 92663 Telephone No.: 60 3. 0FOO ** Buyer's Signatures: , m 04 & ** Seller's Names: The Survivor's Trust under the Chapman Family Trust of 1977, as to all undivided 50% interest„ The Non -:Exempt .Marital Trust under the Chapman Family Trust of 1977, as to an undivided 26.051.2'%, interest„ The Exempt Marital Trust under the Chapman Family Trust of 1977, as to all undivided 3.3363'% interest and The Credit Trust under the Chapman Family Trust of 1977, as to an undivided 20.6125% interest ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 43040 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): July 27, 2012 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: LQ 1-7,. Reinspection Date: Fee Paid: Application Completed: Check No.: Harbor Ridsources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code PLEASE SIGN AND R,7c-T,kj!"zN 3, CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 �+ 949-644-3044/Fax 949-723-0589 June 7, 2012 Mariners Escrow Fax# 949.721-8157 Re: Pier Permit# 11,1226 1226 W Bay Ave Escrow # 43040 -BF Dear Blue Water Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sinc ely, Shan n Levin INSPECTION F1 Harbor Resources Department Date: 0 Z Inspection Requested By: Inspector: Pier Address: ier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time Eelgrass Within 15` of Project F1 Eelgrass Within 15` - 30` of Project nNo Eeig.rass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroach.menet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request MARINERS ESCROW 270 NEWPORT CENTER DRIVE, SUITE 200 / NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F 949.721.8157 1 www.marinersescrow.com City of Newport Beach -Harbor Dept. 829 Harbor Island Drive Newport Beach, CA 92660 Attn: Lisa Re: 1226 West Bay Avenue, Newport Beach, CA 92661 In connection with the above referenced escrow, we enclose the following: Our check for $8.00 remaining balance owed. If you have any questions or need anything further, please do not hesitate to call. Sincerely, Mariners Escrow Corporation r' n Fo cro ,/00V Escrow Officer JL Date: August 2, 2012 Escrow No.: 43040 -BF P®�� F et> CITY OF NEWPORT EAS P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 QFog March 4, 1993 William Chapman 1226 West Bay Ave Balboa, CA 92661 Re: Disposal of sand at the toe of your bulkhead Dear Mr. Chapman: The City sees no problem with placing clean sand immediately adjacent to your bulkhead, as long as it is clean and there is no additional debris within the sand. We would suggest that you place the sand as close as possible within your property lines and as close to the toe of the bulkhead as possible. If you have questions please call me at 644-3044. Sincerely, k Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach rt CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION f, �/� yg 9 r f, ij.. From: oi'�'', in person Address: 1.212-Telecon TO: -a Diva I IM.S. DIRECTOR i , I ASST . DIRECTOR T T`I SUBJECT 1 % r %. gid;' F //✓�%� ?� `' File 114� Date el--, Outline of Information received given C F R Actio�jn,� Required Person Responsible Date Due: �-- �/ ��i,.,Y.. / `/ y ,r ,n•,� y��F! m.' ;/. T, f '�/� p / f�+ •M1 J!� .. ..fi^ Cf.N., �/"•�".,� f .' ! Actio�jn,� Required Person Responsible Date Due: �-- MRIAa�F 1 1 a rR P. L. � 1 PRC�C�t/GAT�rti• �F F' L. u, /.O MAI, CLEAR. 1 0 0 , FLOAT DC SL/f' VieMAJ. J ALTERIVATE TER AT BGLkI�AEAI_'�i � RA�ilP i5r0-606-,�} D PLAN TUB OF e -1/L k11VD I CUr OFF FILE AT 4eL,ev 90' ib(.L.L.W. ELEI(. -,//.00 M..L.L.W. (A1ORM, f TYl E A" CD/.:C. PILE ( SEE STD 6 /O -L CTf iP) ,eeLesn ria -414 CITY DF NEWPORT ®EACH DMVM A• / A DATE-3-/-M- PUBLIC WORKS DEPARTMENT STAMOARO RES/OE/V T/.4L FI -04T W?AfOZ/r PIER o E IVO. _._ DRAWING NO` 5AND L/N . 4 BFB DAX SOFFIT 4 9147ERI-11JE -3.0'.VL.C.W.. � MAX. 7' 0A1 ALL fiwr ///STxLL. (MG(/. LE6AGIl DA -FP, -,Y) _ PROF'/L AlOTfS /. L OCA T10J . fy - NUMBER' OF F'/LES OPT/ONA L � Z. LOCAtIOAI CJF PLfl7:-oJF'Ai1 , AUMR SL /L' 4 FLOATS /5 0PT1vN.4L PRO✓lfIA" /'ROTOR SCFWAGt5 ARE MAAc/TA-V60. ',qz-L �L1EQ5 QN FLo.4T HGNFiE25 S is BE .Qcu�ve—=Q ri,e—F*a 3.5EE STO-60¢ G, STo-G*451D,i/O,L �'o.E� A?jE.P�7�lLF;pAMo GTq/Gs. k'4. Wr/ERE SPED'/AL COh/FD/ Tit>":S- E'k/ST W/DTff - MAv 8E re,-NX_'ED 7-0 5' W M APPkl0VAL OF Tf1C- PVBLK WOR&' 6 DEPA�PT,fi eAl r. CITY DF NEWPORT ®EACH DMVM A• / A DATE-3-/-M- PUBLIC WORKS DEPARTMENT STAMOARO RES/OE/V T/.4L FI -04T W?AfOZ/r PIER o E IVO. _._ DRAWING NO` v L. 2 30 MAX Ia'"al Fow I2' SLAB ri PIER OP7-10UAL1!' e PL. TrP OF-BLKHb El -EV 9t 0' LL (A/O'A,(, -Kv DE5AW VEPTtfj—� r—CU7- OFF PILE A' ELE(! 4/1.00 -Vi: F "-i CO/JC, P,lL F • � 2.4.Y�.o SEE 5T.0- G G� -L i MAI 4' CLEAk BET. SOFF/T WATERVqE. V,4X. 7' / ► aU ALL FL0,4 r INSTALLATIONS 4 JI/OTE'S A COCd TION Or- eAMP y PILES AALF OF7� VML. FkDV/DING PZOPER SETBACA S3. ARE MWAI TA/MED 2.6EE 3 ALL QOLL.E.PB ON -Za4T AG4MhL-A S 6 W-1 f ZL BE CITY OF NEWPORT BEACH DRAWN A / - DATE 3- - 73 PUBLIC WORKS DEPARTMENT APPRQVED STAMDARD RYS'/D1ENT/AL WAW BUC WORKS DIRECTOR MO A�IIIPIN /t �� h r—CU7- OFF PILE A' ELE(! 4/1.00 -Vi: F "-i CO/JC, P,lL F • � 2.4.Y�.o SEE 5T.0- G G� -L i MAI 4' CLEAk BET. SOFF/T WATERVqE. V,4X. 7' / ► aU ALL FL0,4 r INSTALLATIONS 4 JI/OTE'S A COCd TION Or- eAMP y PILES AALF OF7� VML. FkDV/DING PZOPER SETBACA S3. ARE MWAI TA/MED 2.6EE 3 ALL QOLL.E.PB ON -Za4T AG4MhL-A S 6 W-1 f ZL BE CITY OF NEWPORT BEACH DRAWN A / - DATE 3- - 73 PUBLIC WORKS DEPARTMENT APPRQVED STAMDARD RYS'/D1ENT/AL WAW BUC WORKS DIRECTOR MO A�IIIPIN /t �� �42000N6.clT/®N ®F PROF�ERTY L/it/�� _ Q bt 14 PL..4 TFOI�sf, OPT/®N.C9L 13 FLOA 11 o * OR .�SB//F-9 YsF�P/.4B'LE /4' Vwx Y®R/st BLE Y®.P/�1 BGE /7L &.. T. S. ELEY. 90 �WZ.L_,! _=v r4 /a( 4o ?W/-.L. %9! If TYPE d ~CZu/f. P/LE QdAAO sGE.P MA Me 5717- 60� ,G S�/.PFdI GE a--,Gl6v zL-wrw) I Y.PLP/.4�LE o V n � t. Locrrncw auc .�i�.se, Pcarrravwr .osow� euio �co.®T� � � `l � o IS 0go7/0•N'4L .- eiovioi ve ^Pa~AV 9PwrsacAC& err '.J. l9iEE 45.7O-�O.Q-L, 6/�L , 6/O�L FiCXL .A'E.P/LE.4W0� 2 ,eAW.o zW. r. 4-v-0. S Q mmeoPE 1l-oc:ltcls4L c®Noir�dY1/6 ExetT mI®77v .wwy 4ow O Awxx,Clp TO 3' /✓IFF✓ 4p/•RY'i®9L Gid iYVE Rii� O $. w^,Ar l Diff r /B %Amo IT7LY0 0 a /O✓®CArvr 6. /ALL .GC�LLEiQ$-G1V .QaIMo9 � �L®.AT'16/Aa��FJCi 6AiI6L AieE ,Qr�®�E.e i/,�ry CITpY� NEWPORT PORT ww �° L DAA -/- PUBLIC WORKS DEPARMENT !!is'N®�4sP.® lVArS1,oAr-AoTY,4L u®uc WOM DIRECT FLOA I wlrI'► -01 R.E. too. 1337 . DRAWIN®®. STL,- 4FOe - Z_ STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST. REGIONAL COMMISSION ' 666 E. OCEAN_ BOULEVARD, SUITE 3107 P.O. BOX 1-450 LONG BEACH, CALIFORNIA 90801 (213) 590-5071 (714) 646-0648 COASTAL DEVELOPMENT PERMIT Application Number: A-9-8-77-1838 Name of Applicant: William Chapman 1226 W. Bay Avenue, Newport Beach, CA 92663 Permit Type: Q Emergency , to ❑Standard 4 ,, < ® Administrative a, Development. Location: 1226 W. Bay Avenue Newport Beach, CA f � fv. Development Description: Replacement of +30 yr, old concrete bulkhead and slip float with new 14' x 70' concrete bulkhead and new 28' x 36' slip float with new dock to remain behind U. a. Project line. RWQCB approval. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: None Condition/s Met On N/A By (,//t am -page 1 of 2 Page 2 of 2 II. The South Coast Commission finds that: A. The proposed development, or as conditioned, is: 1. The developments are in conformity with provisions of 'Chapter 3 of the California Coastal Act of 1976 and will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976. 2. If located between the nearest public road and the sea or shore- line of any body of water located within the coastal zone, the development is in conformity with the public access and public reore;ation policies of Chapter 3 of the California Coastal Act of 1976. 3. There are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available for imposition by this Commission under the power granted to it which would substantially lessen any significant adverse impact that the development, as finally proposed may have on the environment. III. Whereas, at a public hearing, held on October 17, 1977 at ate Huntington Beach by a unanimc s vote, permit application number A-9-8-77-1838 is approved. IV. This permit may not be assigned to another person except as provided in Section 13170, Coastal Commission Rules and Regulations. V. This permit shall not become effective until a copy of this permit has been returned to the Regional Commission, upon which copy all permittees or agent(s) authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. VI. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application. Any extension of time of said commencement date must be applied for prior to expiration of the permit. VII. I, receipt of Permit Number A-9-8-77-1838 and have accepted its contents. date 7/27/77 signature STATUS SHEET HARBOR PERMITS LOCATION ._ ,: c; ,. New PERMIT NO. --~� %`�,�. 'r Revision APPLICANT NAME%/ �"r,,-�.,�,�.,,. ,,s; Dredging CONTRACTOR Date Rec'v a ,�-...� �-'' � Fee Amt. ;, --� µ �� Fee Processed Date Reviewed by Marine Dept. ;,,- ' ` Approved Denied Corection Required Description City Council: Approved Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC 1. Application 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. Denied a: REMARKS DATE FINAL INSPECTION SARW CB J.H.C. OR. CTY. T.I.C. CITY *IF NEWV�., HARBOR PERM1111"m ""ISSION 15 HF-RERY CR-^qqTE� V' TO MAZNTAIN 3: I: FA-jLg-ry SpOW M ON T.S-z AT THE SME INDICATED, yo T"F- HARBOR P—RIMIT POL"C`C CF Zov s� ANY SPECIAL 0';�PT ;MlWM AW M '07 TRANSFERAB.-LE jnyvygg PER; vv 0 ,HE Yr o'n -'r- RIGH75 GvC- .j4 jjSDE- H Gi AND TFUS, PsRNIIT i-54�iZ *L'V j Ea 8!( 1'�qjz C;'Ff _ j,�,WU IN ACCORDANCE, WITH TITLE 17 OF TIME CONSTRUCTION DATE SEE AUACHED, SHEET 6vt-zj I I -WAL CODE. egbe^ RIAMBOR COOWDINATOR DATE M16 UUMUfflorf-S.- CGrPs Of Er-9-4,aoers Permit Orange County Permit 7 �7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLGO 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 only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on the environment. Upon issuance of a general permit, all, activities meeting the established cri- teria are approved and will not require 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 bul.kheadng, 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 isnot SPLCO N 1 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 of five (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 CFR 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 support, a preva- 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 least fifteen (1.5) days prior to 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- mittee. 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 Board, 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 that 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 Government 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 agrees tomake every reasonable effort 'to"pro- secut.e the work, authorized her -e -in 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. dd. 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. That this 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 local laws 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 maybe 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 immediate suspen sion of the activity authorized herein would be in the general public interest 3 SPLCO-N 1 November 1977 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 any 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. Thatifthe display of lights and signals on any structures or work authorized herein -is not otherwise provided for by law, such 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. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. o. That permittee hereby recognizes the possibility that the struc- ture -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: 71 �. G. ROBINSON DATE Colonel, CE District Engineer 4 SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Mr. William Chapman 1226 West Bay Ave. Newport Beach, CA 92663 Dear Mr. Chapman•. 4 November 1977 Thank you for your letter of 6 September 1977 notifying us of your intent to construct a modification of a boat dock at 1226 West Bay Ave., Lots 4 & 5, Block 3, Tract 626. Your drawings have been reviewed and generally conform to the provisions of General Permit GP 004 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. GP 004-026. If you have any further questions please feel free to call our Navigation Branch at (213) 688-5606- and refer to this number. A copy of the General Permit is inclosed. Sincerely yours, 1 Incl R.P, YOUN , P.E. As stated Chief, Construction - Operations Division FF !� S ES eIA FL 537 Apr 77 C 'NS All I E 953 E VXZ'lci*14-�'-Sv- AU46'. 'T i�T u 6v Y, i tip A4 AND THIS MRWIT MA G -E REVOKED SY THE CITY Cotj-�CtL HA ACCORDANCEWlTft-T+TkE 17 OFTHE MUMCIPAL ODEC' . CJTY HAR-8-6—RC00117111HAT10- primly TRUCULON PER31IT DATEo — --- - ---------- - ----- - - 4. SEE ATTACHED sHEET SPECIAL CONDITIONS: Corps of Permit Crange County Permit 7- '7 Other; 5 of 7 -e -e- MARINE DEPARTMENT October 19, 1977 TO: CITY ATTORNEY FROM: Marine Department SUBJECT: PIER PERMIT #116-1226 Per your request of October 12, 1977, this department has checked into the situation at 1226 West Bay Avenue and determined the following: 1. The property owner, Mr. Robert Chapman lives on the property. 2. The pier and float bayward of the property is used to moor a commercial fishing vessel named "Intrepid" which is a documented vessel. 3. Mr. Chapman owns the vessel and apparently does fish commercially using this location as his base of operation. The City's Harbor Permit Policies, Section 1-A require that "piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property". It would seem that Mr. Chapman conforms to this req ui cement. I am unable to find, in either the Policies or Chapter 17 of the Municipal Code, any restriction on the mooring of a private owned commercial vessel baywar . f the vessel owner's residence. G erf E. Welden Tidelands Administrator Marine Department GEW:I i