Loading...
HomeMy WebLinkAboutM2006-0078�NUM:SWiFTSLlPD0CK,CCV C949'1 631-3122 ry NEWRORT DERCH CITY or KaPQRT eERD r �-x 'IJ X C . - --- ------ �FO: 7230644 P. kol pi ItA YINNITY hu FROF[LE Illy. Lk Y-ICITNIT )MY IN -F.ZCTPj,�r,, qRsu N -t W 0 tAfl0d OA-rw) HARBOR RESOURCES DIV. 3'X 6-Avi w4y q Wj4, yx q &-"#,4y CITY OF NEWPORT BEACH 3, 1 �e F�,P- /V'eK. 14 5-A it -5, x 3 5-1 eM f, ieV-ege) M/ EEL GRASS INSpIECTION NO EEL GRASS WITHIN 15'OF PROjL=07 02�DO E "Gp IN TH4ROJECTAREA 1-2 /1 HARBOR R&OURCES DW TU UF SIGNATU E CITYOFNE PORTBEACHM�tjrj-..j5 2-4 P R�— -:i�. 3 - tyo MIT# DATC- US-, q I 77 �lit pier y" —0� Ti 6,10 pier y" —0� HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT HARBOR RESOURCES DIV. CITY OF N8WPORT 13EACH CA1,yr, LeVe2.C--SD 1:>(E-ae APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit -�4qlo't, application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. V)�A— General Description of Proposed Development: Install new 45'U -shaped float with 10'x 14'pier plateform, 3 -16" pile, 3'x 24'garngway. :j7n5j41( 5 x 35 Cant, etl-,-ared d-eck-'01 Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. jProperty Address: 1324 W. Bay, Newport Beach, CA I Legal Description: I Harbor Permit Number: 117-1324 IPlan Check Number: 0689-2006 jApplicant: Finn Applicant's Mailing Address: 1324 W. Bay, Newport Beach, CA Phone Number: (714) 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 -2006 08:50 FR0M:SWIFTSLIPD0CK,CCV) C949" 631-3122 �FO: 7, �23 ----------- ry OF NEWRORT DERCH CITY or K5PQRT UERC� A" I , F7 - r YICINITY MRR us Ifly pig )MY FROF t LE imy MIQIII�S RRE D��SSU IN FO�T F,,,D rE, V-EYRTIONS u�sE HARSOI� RESOURCES DIV. CITY OF NEWPORT BEACH EEL GRASS iNSPEC TICN M/NO EEL GRASS WITHIN 15- OF PROJ-�,�- Cl E "Gp I C�j I N TH ROJECTAREA -7,f-2- --5/V,6 TU E SIGNA4U E t ri- if 5-)2z 4T --LLL � 3, tyo 359 P RMIT# D.47 I, if�tlt 56V,F� '70 Aw lsea%. Wi 0 k 3-20-0� Works'heet for Building/Fire" Pe mit Ap nni`;,F Al r �i A%ESOURC E Please print 3 copies City of Newport'Beach CITY OF NEWPORT B W, Buildina Der)2rtment (,V) — 4-3-0& 1. Project Address(Not mailing addre") Floor Suite No .13 a Lf tluo 15�q� Legal Description Lo t Block Traci # Units F 2. Description of Work Use FoorBoat (F� 110 Ix I C( r i 11�71' # Stories Tenant Name if Commercial Valuation (090 0. New F- Add F- After F- Derno.,j::1 rr§,',q;r0_ Sq Ft (new/add/extendej UnecK Appropriate Box for Applicant/Notification Information F- 3. Owner's Name Last First Owner's Address Owner's E-mail Address �F city State Zip TelephonqWT�_-3 1 4. Architect/Designer's Name Last First. ic Lic. No. Arch itect/Desig ne r's Address Arch itect/Desig ne r's E-mail Address F city State F zip TelephoneF_ 1— 5. Engineer's Name Last [Bazley First Fl� Lic. No. CF50019 Engineers Address Engineer's E-mail Address 12500 Via Cabrillo Marina #200 IF City San Pedro State, FcA Zip Telephonq";,310-548-31.32 6. Contractor's Name Last Swift Slip First Lic. No. F97052 ClassrA F Contractor's Address Contrqctor's E-mail Address 2027 Placentia Ave bhswiftslip@sbcglobal.net city Costa Mesa State FCA Zip [�26�� Telephone�':949-631-3121 OFFICE USE ONLY PERMIT NO. I PAID TYPE OF CONSTRUCTION PLAN CHE( __e1_1 Y OF NEWPORT BEACH OCCUPANCY- GROUP PLAN CHECK FEE $ PLAN CHECK ENG. MAR 2 2006 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: Install new 45' U-shaped float with 10' x 14' pier plateform, 3 -16" pile, 3' x 24' gamgway. Address number must be stenciled on at least 1 bayward facing pile. 1Pier conditions must be signed by applicant prior to final approval. jProperty Address: 1324 W. Bay, Newport Beach, CA I Legal Description: I Harbor Permit Number: 117-1324 1 IPlan Check Number: 0689-2006 1 jApplicant: Finn Applicant's Mailing Address: 1324 W. Bay, Newport Beach, CA Phone Number: (714) 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 fV1d iVThey 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 hereunder, this development: /Has been determined to be ministerial or categorically exempt. ci 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 S Mike Ure, Harbor Resources April 3, 2006 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 April 3, 2006 Property Address: 1324 W. Bay, Newport Beach, CA 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. 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. The side property lines extend in the water along their same bearing. No moored vessel shall encroach on these lines. 6. The dock float will be permitted to extend to, but not cross the U.S. Pierhead Line. 7. A moored vessel may not extend beyond the end of the fingers by more than the width of it's beam. 8. The maximum width of a vessel permitted to side tie to the outside of the west edge of the float is 5' feet. 9. The maximum width of a vessel permitted to side tie to the easternmost edge of the float is 35'feet. 9SYM Mike Ure, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date AUG -29-2006 08:48 FROM:SWIFTSLIPDOCK.COM (919) 631-3122 TO:7230589 P.2 MR�-18-2006 12:35 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 T0:72301344 P.2 f .­" . A. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 9494W4-303ig / Fax 949423-0589 Pier Permit Conditions April 3, 2006 Property Address: 11324 W. Bay. Newport Beach, CA With ref0reince to the ptent cufferdly wider comWer"on to reconifture or modifY the dock system. the following conditions wHI now be in effed on tM above WOMMOd pier. 1. The pier permittes is aware of the Harbor pern-A Policies wW Chapter 17 of the My Of Newport Beach Municipal CoUft. The pier permittes urdlerstands thet the above referenced pier Is under the purview of these Policies and Codes. 2, Any future work on the above mentioned pler feqdm penr& with the My of NeWport Beach and any other applicable agencios. ftnft 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 do& eystwh under consideration. Any Mure modifications or allaraflam to thO4OcK syste m_ may require now conditions which -m.ay-werride or change these conditions. Them cwtditionssuperseds alpestwnditions associated with this property. 4. Only marIne oriented uses are allowed an the 08r, Pier PWfOfm, garKWBY and 2081. PSW furniture, plants 6tc...am not permitted. 5. The side prq*riy lines extend in "W water aWV thisir same beaft. No moored veswl shall ancro.sch oft Umse Ones. 6. The dockloat wiflbe. permitted to Wand to, bUt not Crop. the U.S. PWhs2d Line. 7. A moored v"sel may not.axtand beyond the and of the fingers by MOm than the width of Irs 46arn. 8, The maximum width of a v"W permitted to skle tie to the outside of the west edg&Of the 1`108t is 5' feet. d G. The maximum width of a vessel perMid0d to sWft tie tO the eastwrOYXW 6 U9qfth&floatIs3&fftM- F, - � �3 �"J'5 z —,Folnt—Pier-ApplicantS"ture(itaopilu-able) P" Name Date FROM SWIFTSLIPDOCK-, Co�j "349D G31-312 0'7*2306-1,1 T Y ------------- CITY OF KE�KRT eERN P . "7-,, -Ay my 'PIT X -x LL MYr R ROF LE it -MY S�UCIN�$ RRE N FEET ON OF wat1t; To 54*tl /VPV 0-51kvd p,6,,r-, IV/ 3 "p; H A 3 'X I I fitP, (v X 91 6"w4l, 4 6c BOR RESOURCES D I V. A" j;je� 3-(1" Pdt el,,, c� CITY OF NEWPORT BEACH EEL GRASS INSPZ"-`CN To :pf,� A&M 0 EEL GRA' UEV&SAM SS WITHIN 15- OF PR�- E "G� IN TH ROJECTAREA HARBOR RI�OU SA CITY OF NEWPORT BEACH 1524 IGN I E -1-3 fto RMIT # us -Z A- A pplicant: Kevin F Address: -1324 W. Bay Ave. Pennit Application No: 5-06-138 C�tntl6p—Vere"eck C11�0�5 Sec - 5c+ WA If 3116 31 )(z 'ro Cvncget< WA -1( m i /V, � m "d - V/z " California Coastal Commission South Coast District Office APPROVED Permit N 0 B y, EFFECTIVE -7/ Wte: ---------- - L7 STATE Ol� CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov Kevin & Madeleine Finn 1324 W. Bay Avenue Newport Beach, CA 92661 Date: July 17, 2006 Permit No. 5-06-138 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on June 26, 2006 and was reported to the Commission on Wednesday, July 12, 2006 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. DOUGLAS Executive Director By: MEG VAUG Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Attn: Beth Swift (W CALIFORNIA COASTAL COMMISSION M STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-06-138 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 W3c Date: June 22, 2006 (562) 590-5071 Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: Kevin Finn PROJECT DESCRIPTION: Remove existing dock and construct new "U" shaped boat dock and construct new 35 foot long concrete deck cantilevered 5 feet beyond the bulkhead. Proposed dock configuration consists of two 5' by 45'fingers and 5' by 30' backwalk, with three 16" diameter concrete pilings supporting the "U" shaped float; 3' by 24' gangway, 10, by 14' pier platform, 4' by 4' gangway landing and three 12' diameter concrete pier pilings. PROJECT LOCATION: 1324 W. 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 become effective until it is reported to the Commission at its, next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the. following time and place: Catamaran Resort Hotel Wednesday, July 12, 2006 3999 Mission Boulevard at 10.00 a.m. San Diego, CA 92109 (858) 539-8700 IMPORTANT -.Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice. of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Dir ctor By: Me VauaiPh Title: Coastal Program Analyst 5-06-138 Finn Administrative Permit Page 2 of 6 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 termsand conditions, is returned to the Commission office. 2. Ex iration. If.development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. -3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved, by the -Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future. owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS- See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant.to PIRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Prooect Description The applicant proposes to remove an existing boat dock and construct a new "Ll" shaped boat dock. Also proposed is construction of a new 35 foot long concrete deck cantilevered 5 feet beyond the bulkhead. The proposed dock configuration consists of two 5' by 45'fingers and 5' by 30' backwalk, with three 16" diameter concrete pilings supporting the "U" shaped float; 3' by 24' gangway, 10' by 14' pier platform, 4' by 4' gangway landing and three 12" diameter concrete pier pilings. The subject site is located at 1324 W. Bay Avenue in Newport Beach, Orange County. The site fronts on Newport Harbor. The majority:of harbor front, residential development in Newport Harbor is surrounded by private recreational boat docks. The proposed dock project is similar in function to other docks associated with residential development in the immediate vicinity. The boat dock El 5-06-138 Finn Administrative Permit Page 3 of 6 will be used solely for boating recreation purposes. The site has been surveyed.by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition,'Special Condition 4 requires a Caulerpa.taxilfolia survey not more than 90 days prior to commen cement of construction. -The surveys are valid. for a limited period of time (until the next growingseason for eelgrass and 90 days for Caulerpa taxilfblia). If construction does not occur within the respective time periods, subsequent surveys will,be required. Special conditions 3 and 4 identify the procedures necessary to be completed prior to beginning construction in case the surveys expire prior to commencement of construction. In addition, special conditions 3 and 4 -identify post -construction eelgrass and Caulerpa taxifolia procedures. The proposed cantilevered deck to be attached to the bulkhead is associated with the adjacent single family residential use. The deck is proposed to be constructed of concrete. A, glass railing is proposed along the edge of the deck. Drainage from the deck will be directed back toward the lot. In addition, no products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye will be used on the deck therefore, pollutants from those products will not drain to the harbor during or after construction. The proposed deck will cantilever over the waters of Newport Harbor, however, the deck will be contained entirely within the applicant's property boundary, which includes some water. The nearest public access is located at the public beach along the Balboa Peninsula, approximately Y2mile to the south. The proposed project has received approval in concept from the City of Newport Beach (Harbor Permit No. 117-1324). The applicant has, applied for approval of the proposed project from the U.S. Army Corps of Engineers and the California Regional Water Quality Control Board (RWQCB). 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 lim ited 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., 5-06-138 Finn Administrative Permit Page 4 of 6 D. . Local Coastal Proaram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was comprehensively updated in October 2005. As conditioned, the proposed development is consistent with Chapter 3 of the Coasta[Act,and with the certified- Lan6'Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQ As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that �vould substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Construction Responsibilities and Debris Removal .(a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispe rsion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be -allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (e) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall ba removed as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. 2. 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. (a) Boat Cleaning and Maintenance Measures: 1 . In -water top -side and bottom -side' boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the - removal of paint froMr boat hulls shall be prohibited. Only detergents and cleaning components thatare dbsi I gnated by'th . e man I ufacturer as -phosphaite-free and biodegradable shall be used, and the amounts used minimized. 5-06-138 Finn Administrative Permit Page 5 of 6 3. The applicant shall minimize the use of detergents and boat cleaning and. maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye., .(b), Solid, and Liquid,Waste Management Measuresp, 1. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleum Control Management Measures: 1 . Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant shall recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters shall also use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas and shall not use detergents while cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 3. Eelgrass Survey A. Pre Construction Eelgrass Survey., A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and. shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the e.elgrass 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 _(1 5) business.,days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area .which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in,the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared ; F 11 1; ;+k 44, 11 C 41 r, 1;f- ; C I ;+; +; 0 1; 11 M ; ; U %,V1 i 1P am", V UU. V1 0 1"a V�Jlcxoo VC3 V" U ty , UV --# U" 8 (except asmodified, by this special condition) adopted by, the National Marine Fisheries Service and shallr be preparedOn 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 5-06-138 Finn Administrative Permit Page 6 of 6 (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 1.2:1 mitigation ratio found' within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 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 applicants shall undertake a surveyof the project area and a buffer area at !-east 1'0'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 applicants shall submit the survey: i. for the review. and approval of the Executive Director; and ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marino Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that' all C. taxifolia discovered Within the project areaand,811 C.'taxifblic! discovered within the buffer area have been eliminated in a manner that complies with all applicable governm ' ental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge: that I/we have received a copy of this permitrand have accepted its contents ,including all conditions., Applicants' Signature - Date of Signing 5-06-138 Finn cntdk btdk noEGpls Admin 7.06 mv -L,,v ZWME'l V M""'Z7 'M MM, T or as V" TO- R, ..... . . . . . . . . . . . . . . . . . ;,11- rM471� hV4 ", MAI, I'i� -;'R',2' Fif A 41t ORA OF— I' r'w',�Rd wu —m— d,,��a 3 �H Aft Am Am Am Aft Ab Am AM Adft .................... ORA OF— I' r'w',�Rd wu —m— d,,��a 3 �H Aft Am Am Am Aft Ab Am AM Adft 4 "'y OF NNPORT F CITY QF XZ�KRT 6EK)i 'f 0: Ti Q�l lilt, IRY R7� L 09 pta YICINITY h R p� PROFILE MY P"RE IONS aqsLn OF ON —a�NnTwm �.c, 'T"54(l A14W HARBO' "W47 cvi)* qrti-a 46� R RESOURCES D, :v. 3--Q," �df CITY OF NEWPORT BEACH d EEL GRASS INSPLECTII-i\j 70 :r� ---- Y(NO EEL GRASS WITHIN 15- OF PPo Zffie 0 E HARBO MGP IN ROJECTAREA R Rsloup _x t - CITY OF N PORT BFACJ4 SIGP U E 3 - 0� P RMIT # 5' USA I x AA 1� W WIVE - 560 -55 tit '7f COASTAL COMMISSION -0& .1 -3 j5 EXHIBIT # PAGE---j_0F PLA�l Seb 2-0 - oi, A- licant: Kevm* Finn PP Address: 1324 W. Bay Ave. Pennit Application No: 5-06-138 -Ctnfl�,o-Vered 4-ecj< crm5!� Sez�.— I 2r 6) C+ WA JA -Ir 31 3P Concget< W41( COASTAL COMMISSION AUG -29-2006 08:49 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.5 MFIY-18-2006 12:37 FROM:SWIFTSLIPDOOCCOM C949) 631-3122 TO:723084,1 PA DEPARTMENT OF THE ARMY un Ammmnowmcr. cows of EMNUERS P.o.WX&WII LOS AWELE% CAUFMM 0003-M25 WEPLY TO May 16,2006 ATrw"Imm Office of the Chief RegWa tory Branch Kevin Finn c/o Swift Shp Dock & Pier Builders Attention: Beth Swift 2027 Placentia Avenue Costa Mesa, Califbmda 92627-3405 Dear W. Finn: Reference is nude W your request of April n, nffi (Fike No. 200600998-Sjli). Under the provWons of Section 10 of the Rivm and.Harbors Act of March 3, 18" (33 U.S.0 403), you cae hemby authorized. to modify an e)dsting floating dock structure bayw&rd of 132A W. Bay Avenue, within Newpoft Bay, in the City of Newport Beach, OrAnge County, California, as shown on the enclosed drawings. rhe owner or authorized responsible official nust sign and date all copies of this Letter of Perminion (LOP) indicating that he/she agrees to the work as desalbed. and will comply with all conditions. One of the signed copies of this, Letter of Permission must be returned to the Corps of Engineem (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to nodfy this office as to the dates of convr&ncmnmt (within 10 days -prior to the start of comtruction) and complethm of the activity (widdn 10 days following the end of construction). Fur6wrmore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully dmn-ved in 33 CPR Part 331. The complete appeal process b diagrammed in the enclosed Appendix B. TKank you for participating In our Tegulatory P:rogTam- Sincerely, Mark Durham Chief, South Coast Sec on Regulatory Branch PERkffrM DAT9 AUG -29-2006 08:49 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 SWIFT SLIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswiftsl I p@sbcglobal. not www.swiftslipdock.com March 28, 2006 Adam Fischer California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Kevin Finn Boat Dock and Pile Replacement, 1324 W. Bay Avenue, Newport Beach Orange County Dear Mr. Fischer: P.6 TNs is notification that we intend to replace the boat dock and pile at the above -referenced address. It is our intention to comply with all Regional Water Quality Control Board requirements, We will not discharge vessel waste of any kind or adversely impact water quality at this location 1) Applicant Name: Kevin Finn 2) Project Addrgss: 1324 Bay Avenue West, Newport Beach, CA 92661 3) Applicant Telephone: (949) 723-0086 4) ScoRe of 3york: Replace floating dock, gangway, pier, approach and pilings. 5) Install three 16" pile and three 12" pier pile. 6) Federal file nurnbe, Pending 7) Latitudggangitud -117.91729; 33,60736 8) AIRglicable Fees- Enclosed is a check for the $60 application fee. 9) Stateftient: This notice is being submitted accordinIg to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 10) Statement: The information in this notice is complete and accuratQ. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BLJILDERS Bbth Swift Permit Division 1�rs Enclosures cc: California Coastal Commission -U.S. Army Corps of Engineers INSPECTION FORM Harbor Resources Depalftment �-'�> 12 Date: Z Inspection Requested By: 6- �, Inspector: Don Duffy Pier Address: Pier Transfer Reinspection GF1 Present Yes Need None Needed Yes Need Anti-Sipho'n / Backflow Present Other Comments Eelgras Yes No PresentL— I yi Pump Out Pier Location Yes No OperationaIE7 Recommended Action Encroachmenet Address of Complaining Party—, Boat Description CIF Number Location on Dock Comments / Observations Other Request ,,N,4ap Output Page I of I http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 03/23/2006 ;�,Z C19,t0 2,?A WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH Pi r -A -QP PPINT r)P TVPF= (9 BUILDING DEPARTMENT 1. PROJECT ADDRESS (NOT MAILINP-APDRESS) FLOOR SUITE NO. CITY STATE ZIP PHONE NO. LEGAL DESCRIPTION LIC. NO. No. UNITS LOT BLOCK TRACT ARCH ITECT/DES] GN ER'S E-MAIL ADDRESS 2. DESCRIPTION OF. W.ORK USE # OF STORIES VALUATION SQ FT (NEW/ADDED/EXTG) 3. OWNER'S NAME LAST FIRST OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. F] 4. ARCH ITECT/DESI GN ER'S NAME LAST FIRST LIC. NO. C: P- ARCH ITECT/DESI G N ER'S ADDRESS ARCH ITECT/DES] GN ER'S E-MAIL ADDRESS "-2 rA CITY STATE ZIP PHONE NO. 7 Z. - F] 5. ENGIN511ER'S NAME LAST FIRST STATE LIC. NO. j 14 ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS o CITY STATE ZIP PHONE NO. x"" zz z F� 6. CQNTRACTOR'S NAME BUSINESS LIC. STATE LIC. No. Class CONTRACTOR'S ADDRESS CONTRACTC7)'S—E-MAIL ADDRESS CITY STATE ZIP PHONE NO OFFICE USE ONLY /u PERMIT NO. qcxyl--� TYPE OF CONSTRUCTION AUG 18 2005 PLAN CHECK NO, PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. rL)rrn5miuq_,appjiL;auuu oi4iiv-+ ( 1( It ?- � I REPLY TO ATrENTION OF: Office of the Clilef Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS . P.0 BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 January 26, 2006 -�J, J. -It 0 1 Lt q— Z ( )()S - DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION Mr. Kevin Finn c/o: Shellmaker� hic. Attention: LisaMiller 2035-F Placentia Ave. Costa Mesa, California 92627 Dear Mx. Finn: This is in reply to your letter (No. 200501765-13PS) dated June �0, 2005, concerning our permit authority under Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to permanently discharge up to.0.002 acre of fill into waters of the U -S, in order to remove an existing seawall and replace it with a new seawall (approx. 78 ft long and one (1) ft wide, see enclosed drawing) at 1324 West Bay Avenue in Newport Bay in the city of Newport Beach, Orange County, California. The Corps of Engineers has determined your proposed activity complies with the terms and conditions of Nationwide Permit Number 3: Maintenance (Sections 10 and 404) as described in enclosure 1. Furthermore, you must comply with the following non-discretionary!S�pecial Conditions: Special Conditions: 1. The permitted activity shall not mterfere with the right of the public to free navigation on all navigable waters of the United States. 2. No dredging is authorized by this permit. 3. Creosote treated pilings shall not be placed in navigable waters or waters of the United States unless all of the following conditions axe met: -2- a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; c) The use of plastic -wrapped creosote pilings is restricted to marine waters; d) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; e) The plastic wrapping is sealed at all joints to prevent leakage, 0 The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks are repaired or replaced in a timely manner. 4 No other modifications or work shall occur to the docking structure - 5. A pre -construction survey of the project area for Caulerpa taxifolia will be conducted in accordance with the Caulerpa Control Protocol (see http://swr-ucsd.edu/,'hcd/ccpvLhtm) not earlier than 90 days prior to planned construction and not later than 30 days prior to construction. Ihe results of that survey shall be transmitted to NO". Fisheries and CDFG at least 15 days prior to initiation of proposed work. In the event that Caulerpa is detected within the project area, no work shall be conducted until such time as the infestation has been isolated, treated, and the risk of spread is eliminated. 6. ff the perinittee's project has the potential to impact EFH, specifically eelgrass, the permittee is required to conduct two years of post -construction monitoring per the mapping guidelines in the Southern California Eelgrass Mitigation Policy (see: http://swr.mnfs.noaa.gov/hcd/eelpol.hi:tn). A determination of the need and/ or amount of eelgrass mitigation shall be made based upon two annual surveys conducted post -construction, during the time period of August to October, which document any changes in the area and/or density of the bed in the vicinity of the proposed project. If the monitoring surveys demonstrate an adverse impact to eelgrass, it will be mitigated in accordance with the policy. All required surveys will be submitted to the Corps and NOAA Fisheries wid-dn 30 days of each survey completion. The perirdttee shall submit a signed agreement of understanding for two-year Monitoring and 7 -Year InItgatiOn and monitoring, to the Corps and NOAA prior to issuance of the final permit. 7. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Therefore, the pen-nittee shall employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive erosion do not enter waters of the United States during project construction. Upon completion of berthing improvements, any excess material or debris shall be removed from the work area and disposed of in an appropriate upland site. -3- 8. The pernuttee shall discharge only clean construct -ton materials suitable for use in the oceanic environment 9. The pern-dttee shall notify the Army Corps of Engineers of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. 10. The permittee shall notify the Commander Eleventh Coast Guard District, and the Coast Guard Marine Safety Office / Group LA -LB not less than 14 calendar days prior to commencing work. -1he notifications, either letter, fax, or e-mail, shall include as a minimum the following information: a. Project description including the type of operation (i.e. dredging, diving, constructioin, etc). b. Location of operation, including Latitude / Longitude (NAD 83). c. Work start and completion dates and the expected duration of operations. The Coast Guard need to be notified if these dates change. d. Vessels involved in the operation (name, size and type). e. VIU-FM radio frequencies monitored by vessels on scene. L Point of contact and 24 hour phone number. g. Potential hazards to navigation. h. Chart number for the area of operation. Addresses: Cominander, 11th Coast Guard District (oan)Coast Guard Island A TIN: Local Notice to Mariners Building 50-3 Alameda, CA 94501-5100 TEL: (510) 437-2986 FAX: (510) 437-3423 U.S. Coast Guard Marine Safety Office / Group LA -LB Attn: Waterways Management 1001 South Seaside Ave., Bldg 20 San Pedro, CA 90731 -4 - TEL: (310) 732-2020 FAX: (310) 732-2029 11. The Pernuttee or their contractors shall not remove, relocate, obstruct, -A411f ully damage, make fast to, or interfere with any aids to navigation- The Contractor shall notify the Eleventh Coast Guard District in writing with a copy to the Contracting Officer, not less than 30 calendar days in advance of the time he plans to operate any equipment adjacent to any aids to navigation which requires relocation or removal Should any federal aids to navigation (AtoN) be affected by this project, the pern-tittee shall contact the US Coast Guard AtoN office at (510) 437-2982. 12. If the work requires that private aids to navigation be established, the permittee or contractor should contact Mr. Brian Aldrich of the US Coast Guard at (510) 437-2983. 13. Upon the US Coast Guard s receipt of the notification to start work, a copy of the applicants letter will be sent to the Coast Guard Captain of the Port (COTP) of Los Angeles/Long Beach for review. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during the project Questions concerning lighting, equipment placement, and mooring should be directed to the COTP at (310) 383-1600. 14. 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. 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 (213) 452-3414. Sincerely, �04 MarkDurham Chief, South Coast Section Regulatory Branch Enclosure 1111011"Wr OEACH cl r -PROPOSED �GUARDRAL PROPOSED CONC COPING PROPOSED BWG WALL, r-FIMSH 12;RADE �/,64 to� copfNG ffy R 6", DREDGE E 4" E LEV mw J, WU OUS WALL DEADMAN' Ql� TYPICAL BULKHEAD SECTWN N.T-s- VICIINffY MAP a 7 s. P'N'L SOUNIFYiNGS ARE EXPECTED IN FEET 1 AND DENOTE ELEVATIONS BASED ON NEWPORT BEACH, CAIJFORNIA rk 11 . I MEAN LOWER LOW WATER. PROPERTY UNE - -f ji 6&72: U CI P' POSED CONT P WIZOREEEDEADMANI PROPOSED SEAWALL -f? PROPER -Y LINE APLICAN-S NAME KEMN FWN JOB ADDRESS * 1324 WEST SAY Al.ENUE NEWPORT BEAC.P, CA 92661 PROPERTY -UNE: am VERUFY LOCA-naN OF yp 714E PROPOSED So - DEEP TREE BOX IYP (TOTAL OF THREE) fr-- Ad PROPOSED SUILT-IN SPA INERIFY LOCATION) NORT14 PUN VIEW N.T.S. LOT f 81-OCK 'ONTRACTOR :SHELLMA-KER, INC- D. TFE 2035 F P-ACENTIA AVENUE 10-3/09/0=5 COSTA MESA, CA 92627 1 Z:� *-47 " ew r -PROPOSED �GUARDRAL PROPOSED CONC COPING PROPOSED BWG WALL, r-FIMSH 12;RADE �/,64 to� copfNG ffy R 6", DREDGE E 4" E LEV mw J, WU OUS WALL DEADMAN' Ql� TYPICAL BULKHEAD SECTWN N.T-s- VICIINffY MAP a 7 s. P'N'L SOUNIFYiNGS ARE EXPECTED IN FEET 1 AND DENOTE ELEVATIONS BASED ON NEWPORT BEACH, CAIJFORNIA rk 11 . I MEAN LOWER LOW WATER. PROPERTY UNE - -f ji 6&72: U CI P' POSED CONT P WIZOREEEDEADMANI PROPOSED SEAWALL -f? PROPER -Y LINE APLICAN-S NAME KEMN FWN JOB ADDRESS * 1324 WEST SAY Al.ENUE NEWPORT BEAC.P, CA 92661 PROPERTY -UNE: am VERUFY LOCA-naN OF yp 714E PROPOSED So - DEEP TREE BOX IYP (TOTAL OF THREE) fr-- Ad PROPOSED SUILT-IN SPA INERIFY LOCATION) NORT14 PUN VIEW N.T.S. LOT f 81-OCK 'ONTRACTOR :SHELLMA-KER, INC- D. TFE 2035 F P-ACENTIA AVENUE 10-3/09/0=5 COSTA MESA, CA 92627 1 NATIONWIDE PERMIT NUMBER 03 TERMS AND CONDITIONS 1. Nationwide Permit 03 Terms: Your activity is authorized under Nationwide Permit Number 03 subject to the following terms: Natiomvide Permit Number 3: Maintenance. Activities related to: (i) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure, or fill, or of any currently serviceable structure or fill authorized by 33 CPR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area including those due to changes in materials, construction techniques, or current construction codes or safety standards which are necessary to make repair� rehabilitation, or replacement are permitted, provided the adverse environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This NWP authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the dateof their destruction or damage. In cases of catastrophic events�, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate fundin& contract, or other similar delays. (ii) Discharges of dredged or fill material, including excavation, into all waters of the US to remove accumulated sediments and debris in the vicinity of, and within, existing structures (e.g, bridges, culverted road crossings, water intake structures� etc) and the placement of new or additional riprap to protect the structure, provided the permittee notifies the District Engineer in accordance with General Condition 13. The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the structure. The placement of rip rap must be the minimum necessary to protect the structure or to ensure the safety of the structure. All excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the District Engineer under separate authorization. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the District Engineer. (ill) Discharges of dredged or fill material, including excavation, into all waters of the US for activities associated with the restoration of upland areas damaged by a storm, flood, or other discrete event, including the construction, placement, or installation of upland protection structures and minor dredging to remove obstructions in a water of the US. (Uplands lost as a result of a storm, flood, or other discrete event can be replaced without a Section 404 permit provided the uplands are restored to their original pre -event location. This NWP is for the activities in waters of the US associated with the replacement of the uplands.) The permittee must notify the District Engineer� in accordance with General Condition 13, within 12 -months of the date of the damage and the work must commence, or be under contract to commence, within two years of the date of the damage. The pern-dttee should provide evidence, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration. The restoration of the damaged areas cannot exceed the contours, or ordinary high water mark, that existed before the damage. The District Engineer retains the right to determine the extent of the pre-existing conditions and the extent of any restoration work authorized by this permit. Knor dredging to remove obstructions from the adjacent waterbody is limited to 50 cubic yards below the plane of the ordinary high water mark, and is limited to the amount necessary to restore the pre-existing bottom contours of the waterbody. The dredging may not be done primarily to obtain fill for any restoration activities. The discharge of dredged or fill material and all related work needed to restore the upland must be part of a single and complete project. This permit cannot be used in conjunction with NWP 18 or NWP 19 to restore damaged upland areas. This permit cannot be used to reclaim historic lands lost, over an extended period, to normal erosion processes. This permit does not authorize maintenance dredging for the primary purpose of navigation and beach restoration. This permit does not authorize new stream r-hannelization or stream relocation projects. Any work authorized by this permit must not cause more than minimal degradation of water quality, more than minimal changes to the flow characteristics of the stream, or increase flooding (See General Conditions 9 and 21). (Sections 10 and 404) Note: This NVVT authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Section 404(f) exemption for maintenance. 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats�, or other measures must be taken to minin-tize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)). Additionally, any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Ad 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 Qualihj. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12,A 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 pern-dttee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation ofthe 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. io. 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�hsted endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http-://www.fws.gov/r9endspp/endspp.html and http://www.nftns.gov/protLres/���esahome-htini 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 pern-dttee 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. NotificatOn. (a) Timing: where required by the terms of the NVVP� the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must deterinine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective pern-tittee 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:fhe notification must be in wri ting and include the following information: (1) Name, address and telephone nurnbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse envirom-nental effects the project would cause; any other NVVT(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7,12,14,18,21,34,38,39,41,42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetatedshallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWT 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 NVVP 14 (Linear Transportation Crossings), The PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP� the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single-FarrWy Housing), the PCN must also include: W Any past use of this NW -P by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. for the purpose of this NWP, parcels of land measuring Wacre 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 (includin& if available, legal descriptions) owned by the prospective pern-dttee 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 pem-dttee 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 NWT 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39,43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and mmimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NVVT 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 hn-dtation on stream impacts in writing before the permittee may proceed; (14) For NIVVP 40 (Agricultural Activities), the PCIN'must include a compensatory wtitigation 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 NVVP 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 deterinine that the activity complies with the other terms and conditions of the NWP, determine adverse enviroranental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For N%T 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work, and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (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 permdttee 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 pem-dttee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PON, the proposal may be either conceptual or detailed. If the prospective pern-dttee 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 aquaticenvironment (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 NVV,P 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 apphcanfs subn-dssion of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity willbe 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 activitys compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the projeces 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. lf 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) YVetland 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 NVVP verification from the Corps will subirdt 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 NVVP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWT 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). !9. 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 maximurnextent practicable at the project site (Le, on site). (b) Mitigation in all its forms (avoiding, minimizin& 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 mirdinum one-for-one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project -specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e, replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4 -acre of wetlands cannot be created to change a 3/4 -acre loss of wetlands to a Ih-acre loss associated with NWT 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 n-dnimal impact requirement associated with N`WPs. (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, restorin& 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.,strearn buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are deter -mined 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. . Spazoning 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 Flotus. 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 retairting excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 99. 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 minin-dzed 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 NWPs3,8,10,13,15,18,19,22,23,2E� 27,28,30,33,34,36,37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100 -Year Floodplains. For purposes of this General Condition, 100 -year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood insurance Rate Maps or FEMA -approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100 -year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39,40,42,43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above - grade fills, are not authorized by NWPs 39,40,42, and 44. (c) 'fhe perri-tittee 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 cornmence 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 mustbe sub.-nitted 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 Art,- ,,eles County to the San Luis Orbispo County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or spawning of steelhead (Oncorhynchus mykiss) is not hindered in any way. In these areas, bridge designs that span the stream or river, including designs for pier- or pile -supported spans, or designs based on use of a bottomless arch culvert simulating the natural stream bed (i.e., substrate and streamflow conditions in the culvert are similar to undisturbed stream bed channel conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the recovery of federally listed Anadroiwus salmonids, including migration of adults and smolts, or rearing and spawning. This proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on steelhead. 2. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), no nationwide permit, except Nationwide Permits 1 (Aids to Navigation), 2 (Structures in Artificial Canals), 3 (Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), 11 (Temporary Recreational Structures), 20 (Oil Spill Cleanup), " (Removal of Vessels), 27 (Stream and Wetland Restoration Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste' ), or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill, can be used to authorize the discharge of dredged or fill material into a jurisdictional special aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle -and -pool complexes). I 3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the District Engineer is required, applicants must provide color photographs or color photocopies of the project area taken from representative points documented on a site map. Pre - project photographs and the site map would be provided with the permit application. Photographs should represent conditions typical or indicative of the resources before impacts. 4. Notificat�ion 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 or' 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 ftlls in perennial and interinittent watercourses otherwise authorized under NWPs 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre. 9. Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 4. Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Limits of this authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. �d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at anv 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 pen -nit. (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 touse the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8. You must allow representatives from this office to inspect the authorized activity at ar�v time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. VL/4V/4VU0 14.01 rAA V4U%.L(0U43 Inu STAWE OF CiLIFORMA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Gmvnor CALIFORNIA COASTAL COMMISSION d1Cff4&. SMh C=9 Ain Offim page I Of 5 no O=NWW sufte low Long Mach, CA SO= -4= Date: January 18, 2006 -116 (M) M -W71 Permit No5-05 COASTAL C19VELOPMENT PERMIT CO P -O On January 11, 2006, the California coastal Commission granted to Kevin & Madeleme rAar1n4Finn Coastal Development Permit S45-116, subject to the attached Standard and Special conditions, for development consisting of Demolition of an existing single-ftmily residence and construction of a new bayfronting 6,567 square That two-story sing"mily residence with an attached 1,102 square ibut three -car garage. In adWidon, an existing bulitheadissawall will be dentofthed and a now bulltheadfosawall will be construcW in do same location. Grading will consist of 40 cubic yards of cut, 50 cubic yards of Import, and 90 cubic yards of fill. Mom specifically described In the application file In the Commimickii offices. The development is within the coastal zone in Orange County at 1324 West Say, Newport Beach. Issued on behalf of the Califbmia Coastal I 1'Z I PETERDOUCAM Executive Director �1*17i 4 4 11�j Ili Comm7ission on Jawnwua 18, 2006. T _rUe. k7.. Cof P mi itle: co, ram Analyst The undersigned permitlee acknowledges receipt of this permit and agrees to abide by all terms and conditiorm thereof. The undersigned permiffee acknowledges that Government Code Section 81 SA which states in pertinent pmt that-- *A public entity is not liable fbr k*oy caused by the issumee of any pemA - - -" applies to the issuance of this pafmit lllPO_RTANr THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN R RNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a)-. Jbate Signature of Permittee, Please sign and return one copy of this form to the Comrnission, office at the above address. V1t4FU14UUU COASTA I AL DEVFLOPMENT PERMIT No. 5-05-116 Page 2 of 5 STANDARD CONDITIONS I Notice of Romfut and AcknowLeftmgem The permit is not valid and development shalt not commence unfit 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. gV1fJmUqn. If development has -not con menced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. In - n. Any questions of intent or interpretation of any condition will be rewived by the Execubve Direclor or the Corevidssion. 4. Aeskmrwt The permit may be assigned to any qualifiled person. provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Temn and CooMons Run with the Land. These terms and conditions shall be perpetual, and R *i's 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 ONDITIONS: Construeftn ResvowibllWes god Debft Removal A. No constniction materials, eWipment. 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 i will not be allowed at any firne in the interfidal zone. D. If turbid conditions are generated during construction a silt curtain will be utilized to control turbift. W#ENIIIEM VIATI 4 KC01-1 �:ta Pa" 3 of 5 E. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. F. Non -buoyant debris discharged into coastal waters will be recovered by divem as soon as possible after loss. 2. Drainage and Mun4W Control Plan & Pro and Post -Construction gg_kgM SuOM A. Pro Com"4:ion Eelgirms, Suirvey- A valid pm-constructim ealgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (lypically 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 Calfforita -Eekjrws Mitigation Poky (SCEMP) Revision 8 (except as mod1W 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 applicants 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 fifleen (15) business days prior to commencement of any development. If the eelgrass survey idervffies 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 Comrnission'or a new coastal development permit. B. Post Constmetion Eelgrass Survey. If any eelgrass is idenffmd in the prcorA area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicants shall survey the pr*ct site to determine if arry selgrass was adversely impacted- COASTAL DEVELOPMENT PERMIT No. 5-05-116 Page 5 of 5 D. ff CauWpe taxUblia is found within the project or buffbr areas, the applicants shall not proceed with ft project until 1) the-OWNPOft Provide evidence to the Executive Director that all C. taxifaft discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements. including but not lWded to those of ft California Coastal Act, or 2) the applicaFft have revised the project to avoid any contact with C. taxft&. No revisions to the project shall occur without a Coastal Commission approved - 111VI to this coastal developmerd permit unless the Executive Director detennines that no amendment is legally required. Do=wa P*ftd an Ja=wy It 2M I PAY TIOTHE )RDER OF w shellmaker inc. October 4, 2005 California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501-3339 Attn: Adam Fischer Re: GENERAL CERTIFICATION FOR REPLACEMENT OF SHEET PILES AND DOCK PILES SUBJECT TO NATIONWIDE PERMIT 3 AND/OR SECTION 10 OF THE RIVERS AND HARBORS ACT DearAdam, Thank you for all of your help on this matter. I have enclosed a check for $120.00 to cover the check ibr the $60.00 permit fee on the Woodhull project and the $60.00 permit fee for the Finn project Sincerely, Lisa E. Miller President el'�� SHELLMAKER INC. OENMAL ACCOuNT 2035 F PLACENTIA AVE. PH. 949 -648 -MM COSTA MESA, CA 92627 1944 16-Q 61 DATE 1220 WBTCLff #61 1501 W— OR Wd d AA 8002384486 OFACH, CA 92660 Rr 118001944118 1:1220004961: 061007010808 2035F Placentia Ave., Costa Mesa, CA 92627 Rhone (949) 648-5359 Fax (949) 548-53*15 General Enctineerina Contractor--/Ug---n-- pl- X--�,a'AdARA-4- z 0 t; LLJ a- cl) loc Lu ui CITY OF NEWPORT BEACH PROPOSED GUARDRAL PROPOSED CbNC COPING PROPOSED BLDG WALL, FINISH GRADE WHERE OCCURS T�7 T.O. COPING ELEV=+9.00 DREDGE LINE _AI IF ELEV PROPOSED VARIES TIE RODS 19'-0" MIN PROPOSED B CONTINUOUS DEADMAN WALL VICINITY MAP N. T. S. NEWPORT BEACH, CALIFORNIA NORTH 68.72' I <c % LLJ cr_. LUZ Q CL.' PROPERTY LINE A_ col '40 lilmllw�'� LL TYPICAL BULKHEAD SECTION N.T.S. SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. HARBOR RESOURCES D1 V. rlTy OFNEWPORT BEAC H ,//wiS 611,qla�_ PROPERTY LINE cy) 0 TTR PROPOSED )S 511CTURES (N. 1. C.) PROPOSED SEAWALL TYP PROPERTY LINE - 17PROPOSED CONT CONCRETE DEADMAN 1_;'E�.�HREADED 7 DD Typ C-4 0 N 0 to 0 -.4- m VERIFY LOCATION OF THE PROPOSED 60" DEEP TREE BOX TYP (TOTAL OF THREE) PROPOSED BUILT-IN SPA NORTH (VERIFY LOCATION) 70'(VERIFY) P1 A VIF:W N1 TQ APLICANTS NAME : KEVIN FINN LOT BLOCK CONTRACTOR :SHELLMAKER, INC. DATE JOB ADDRESS :1324 WEST BAY AVENUE 2035 F PLACENTIA AVENUE 03/09/05 NEWPORT BEACH, CA 92661 COSTA MESA, CA 92627 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 and replace seawall along same alignment. I Property Address: 1324 W. Bay Ave. Legal Description: I Harbor Permit Number: 117-1324 1 1PIan Check Number: 1366-2005 1 jApplicant: Kevin Finn I Applicant's Mailing Address: 2 Narbonne, Newport Beach, CA 92660 Phone Number: (949) 723-0086 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. And find Page 1 of 2 XThey comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv 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 conceDt and said aDDroval has been written ur)on said Dlans. sianed 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 quidelines adopted thereunder, this development: X 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 reiection in principal bv Newport Beach unless a substantial chanae 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 nature: ; Chris Miller, Harbor Resources Supervisor June 14, 2005 Attachments: Worksheet for Building Permit Application Drawing Pi8F GORdntoon& Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH PLEASE PRINT OR TYPE BUILDING DEPARTMENT 1. PROJECT ADDRESS �NOT MAILING ADDRESS) FLOOR SUITE NO. is,�,4k bJE-s-r -BA-1 Al��A� A1C-LJP0*0-T- RE)ql--g a) lo&,] AA,?,90AJ,�J0 LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT qAJ17 '7c2 S-00914.) 2. DESCRIPTION OF WORK ��ERZ,J)9L-L, N EW r-1 ADD F-I ALTER F� DEMO 0 Check AmroDriate 8ox for Armlicant # OF STORIES VALUATION $ I -S -/a SQ FT (NEW/ADDED/EXTG) F-1 3. OWNER'S NAME LAST FIRST KE -VW OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS AA,?,90AJ,�J0 CITY STATE ZIP PHONE NO. AIELOP6P-T- -BEQc�4 0-9 qAJ17 '7c2 S-00914.) F� 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS ARCHITECTIDESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. Fj 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. WILL.IPM 91MP60�J � 0:!5�SDC— Joe) r-,Q.O- Mfi-�;&L)D ENGINEER'S ADDRESS EN INEER'S E-MAIL ADDRESS ISI K,4L-01106 --bP-)VE ��JIJTE 140 CITY STATE ZIP PHONE NO. m��6,q ?a ,�, ��I- ic, 1714 4 3 4 - 6. CONTRACTOR'S NAME BUSINESS LIC. STATE LIC. !9PELI-MRi�Qq 27--0010097D40 No,5-6/434 Class,41d-16 CONTRACTOR'S ADDRESS ,�9- V 3 5 F: P�-Ref�,AJT-7 CONTRACTOR'S E-MAIL ADDRESS eshellry7d-ke-r e 6b,:� 5h) ba 1, /7,9-t CITY STATE ZIP PHONE NO. OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ (49 OCCUPANCY - GROUP PLAN CHECK ENG. Forms\bldg__application 8/21/04 m CD CD CD r-� , M� -%Vb W--% 4b %.L—i cm c---, W Si- 7Z - I U ...,eigrass Sur vey 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 a -ad authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. Theformhasbeen 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, Nation;fI -Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). IISJ�f ',ime: IAI�sZ B� r Axz� KI-. - �4 A 3224VVIZ , Ely AVIM, NVVV 01 E Ouct"I I p Icommm reference) I VSur�vey ontact: �ark name, pohone, e -mail) Sites (9491675 -1071 Permit Reference: (ACOE Permit No., RWQCB Order or Cert- No-) RGP #54 Hydrographic System: (bay, estuary, lagoon, or harbor) Lower Newport Harbor pecific Location: RUUNII Lat/Long., d.* -+-T, INT33 36.476' accuracy level, attach W117 55.078' electronic survey area map if ossible) Was Eelgrass Detected: Yes, Eelgrass was found at this site. X= No, Eelgrass was not found at this site. ecription of �rmitted WorL- Remove existng bulkhead, replace with new bulkhead. describe bridly the work to be conducted at the site under the permits identified above) Desceiption oif Site: Depth range: �describe the physical and +3.5' to —9' MLLW biological conditions within the survey area af. the turne of the survey and provide insight into. varial>ilft3� if lmowm. Please provide units for all numerical infonnation). ubstrate pe: Imedium grain sand to silt over sand J emperature: 16.4 C ity: NA ominant ora., None inant L una: Mussels on dock floats. Xotic ecies countered. None Other site description notes: None Description of 'Survey urvey date Effort: and time June 7, 2005 1535-1615 (please describe the surveys period: conducted including type of urvey (SCUBA, remote video, etc.) and survey methods employed, date of work and survey demity (estimated percentage of the , actually viewed). Pbottom escribe any limitations lencountered during the �survey efforts. orizontal F sibility in lia`ter., 10' urvey type nd methods: Surveillance level SCUBA survey using 10' grid pattern. Area adjacent to bulkhead was exposed and viewed from surface (100%,). e Isury Y I personnel: ark Sites TOyer Eensit y 70% Survey limitations: None Other Information - (use this space to provide any +2.4' MLLW slack tide ditional information or references to attached materials such as maps, Drawing attached reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/17/03) 3 Ma,,j 25 05 OS:55a m a k e r nc 9435466315 P.2 CITY OF NEWPORT BEACH , r—PROPOSED GUARDRAL STR PROPOSED, CTURES -w PROPOSED CONC WAI a 46 4� 14, PROPOSED BLDv FINISH GRADE WHERE 0 CCURS PROPOSED CON7 7,' [C&ZRETE DEADMAN T.O. ^.OP!Nr-' E'LEV=+9.00 REDGE LINE R OSE a-* ELEV �iii o S. VARIES 19* -C" MIN PROPOSED CONTINUOUS BOT OF DEADMAN WALL TYPICAL AD SECTION N.T.S. VICINITY MAP ""I ARE EXPECTED IN FEET i AND DENOTE E'l-EVATIONS BASED ON MEAN LOWER LOW VATER. NEWPORT SEACH, CALIFORNIA WORTH 68.72' PROPERTY LINC---, 9 r- 7. 1"o TIE- C PROPOSED SEAWALL Ty PROPER -Y LINE 70'(VEI APLICAN7S NAME : KIEM FINN JOB ADDRESS :1324 WEST BAY AVENUE NEWPORT BEACH, CA 92661 F L PROPOSED BUILT-IN SPA 1 ,YERIFY LOCATION) PROPERTY LiNE VERIFY LOCATION OF THE PROPOSED 60 - DEEP TREE BOX TYR (TOTAL OF THREE) *AAA NORTH PLAN VIEW LOT - t5LVLr, _ CONTRACTOR :SHELLMAKER, INC. DATE : 20,35 F P-ACENTIA AVENUE 03/09/051 COSTA KAIESA, CA 92627 LAJ STR PROPOSED, CTURES ZI PROPOSED CON7 7,' [C&ZRETE DEADMAN r- 7. 1"o TIE- C PROPOSED SEAWALL Ty PROPER -Y LINE 70'(VEI APLICAN7S NAME : KIEM FINN JOB ADDRESS :1324 WEST BAY AVENUE NEWPORT BEACH, CA 92661 F L PROPOSED BUILT-IN SPA 1 ,YERIFY LOCATION) PROPERTY LiNE VERIFY LOCATION OF THE PROPOSED 60 - DEEP TREE BOX TYR (TOTAL OF THREE) *AAA NORTH PLAN VIEW LOT - t5LVLr, _ CONTRACTOR :SHELLMAKER, INC. DATE : 20,35 F P-ACENTIA AVENUE 03/09/051 COSTA KAIESA, CA 92627 Caulerpa Survey Reporting Form T Ihis form is required to be submitted for any surveys conducted for the invasive exotic alga Caulcipa tartfolia 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 I potential impacts of the authorized actions on the spread of CauleTa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Cauler ,pa 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 (NOAA Fisheries), (562) 980-4043, or William Pamokas, California Department offish & Game,(858) 467-4218' )- Report Date: June 9, 2005 Name of bay, estuary, lagoon, or harbor: Newport Harbor Sper-ific. Location Name: (address or common reference) 1324 West Bay Ave. Site Coordinates: (UTNI, Lat./Long., daftim, N 33 36.476' accuracy level, and an W 117 55.078' electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Mark Sites (949) 675-1071 Personnel Conducting Survey (if other than above): (name, phone, e-mail) same Permit Reference: (ACOE Permit No., RWQ6B Order or Cert. No..) ACOE RGP -954 Is this the first or second - survey for this project? first 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 above) —XKXXXX No, Caulerpa was not found at this site. Description of Permitted Work: (describe briefly the Remove existing bulkhead. Replace with new bulkhead - work to be conducted at the site under the permits identified above) Description of Site: Depth range: +3.5' to -9' MLLW (describe the physical and biological conditions within the s urvey area at the time of the survey and provide insight. into Substrate type: Medium grain sand to silt over sand Temperature: 16.4 C Salinity. NA Dominantflora: variability, if known. Please provide units for all numerical None information). Dominantfauna: Mussels on dock floats tic species encountered (including any other Caulerpa None species) - Other site description notes: None Description of Survey Survey date and Effort: timeperiod. June 7, 2005 1535-1615 (please describe the surveys Horizontal conducted including type of visibility in -water. 10, survey (SCUB.A, remote video, etc.) and survey methods employed, date of work and survey density (estimated percentage of the bottom actually viewed). Survey tjpe and methods: Surveillance level SCUBA. survey using 10' grid pattern under float. Area adjacent to bulkhead was exposed and viewed from surface (100%). Describe any limitations Surveypersonnel.- encountered during the survey efforts. Mark Sites Survey density: Over 70% Survey limitations: None Other Information: (use this space to provide +2.4 slack tide additional information or references to attached maps, reports, etc.) I Drawing attached Caulerpa, Survey Reporting Form (version 1.2,10/31/04) ma!d 25 05 OEI:558 S h e 1 1 m a k e r no 9435485315 CITY OF NEWPORT BEACH —P:ROPCSED OUARDRAL A 551 -4:44., PROPOSED CONC �6 Awe COPING p. 2 PROPERTY LINE uj PROPOSED SEAWALL PROPER -Y LINE 6&72' q PROPOSED B LDG WALL, L�D�POSED STR CTURES r-FIVISH GRADE WHERE OCCURS 14' 4 <:*25, PROPOSED CON7 T.O. COPING 1 CONCRETE DEADMAN ELEV=+9.0 0 —1"0 READED -J S' DREDGE LINE ELEV �-PROPOSED VARIES TIE ROD 19' -0" MIN OPOSED R .lpr CONTINUOUS .": r SOT OF DEADMAN WALL PROPOSED BUILT -114 SPAI (VERIFY LOCATION) W*f tl TYPICAL BULKHEAD SECTION N.T.S. 10125M VICINITY MAP N.T.S. SOUNDINGS ARE EXPECTED IN FEET AND DENOTE E: EVATIONS BASED ON NEWPORT BEACH, CALIFORNIA opt MEAN LOWER L -OW WATER. PROPERTY LINE uj PROPOSED SEAWALL PROPER -Y LINE 6&72' PROPERTY L;NE VERIFY LOCATION OF 7`HE PROPOSED 60" DEEP TREE BOX TYP (TOTAL OF THREE) NORTH PLAN VIEW -APLICAN'71's NAME : KE\AN FINN L07 BLOCK — CONTRAC7CR :SHELLMAKER, INC. DATE JOB ADDRESS .1324 WEST SAY, AVENUE 2035 F P-ACIENTIA AVENUE 03/09/05 NEWPORT BEACH, ""A 92661 COSTA MESA, CA 92627 L�D�POSED STR CTURES PROPOSED CON7 CONCRETE DEADMAN —1"0 READED -J TIE -R D 7YP r PROPOSED BUILT -114 SPAI (VERIFY LOCATION) PROPERTY L;NE VERIFY LOCATION OF 7`HE PROPOSED 60" DEEP TREE BOX TYP (TOTAL OF THREE) NORTH PLAN VIEW -APLICAN'71's NAME : KE\AN FINN L07 BLOCK — CONTRAC7CR :SHELLMAKER, INC. DATE JOB ADDRESS .1324 WEST SAY, AVENUE 2035 F P-ACIENTIA AVENUE 03/09/05 NEWPORT BEACH, ""A 92661 COSTA MESA, CA 92627 1.PROJECT ADDRESS (NOT MAILINGADDRESS) FLOOR SUITE NO. ZIP OWNER'S ADDRESS CITY 1 7 - ZIP LEGAL DESCRIPTION No. UNITS LOT BLOCK �TRACT 2. DES CRIPTION OF WORK ESTIMATED $ VALUATION. LJ tie) n EXISTING STRUCTURE SQ.FT. PROPOSED NEW / ADDITIONAL SQ. NEW ADD ALTER DEMO OTHER AA USE OF STRUCTURE AA ry)g- No. OF STORIES 3.OWNER'S NAME ]LAST FIRST M.I. P . HONE NO. 1'rx OWNER'S ADDRESS CITY STATE ZIP 4.APPLICANT'g' NAME- LAST FIRST PHONE NO. APPLICANT'S:ADDRESS CITY STATE ZIP 5.ARCHITECT'S NAME LAST FIRST STATE LIC. NO. /.k-- P.A I M ARCHITECTI,S ADDRESS CITY, STATE ZIP 6.ENGINEtR'S NAME LAST FIRST WEI 1 vr STATE ,Ok) / A ENGINEER'S ADDRESS CITY STATE, ZIP PHONE,NO. 7.CONTRACTOR'S NAME LIC., CLASS, STATE LIC. NO. -7 Q -7 0 �5-,_Ql CONTRACTOR'S ADDRESS CITY ZIP, PHONE NO. ,-;2 COMPANY NAME' (if different) NEWPORT BUS. LIC. NO. -`AppLi�ctint OFFICE USE ONLY Uhite/ BuRding Dept Yettow: Cashi�� Pink.. PERMIT NO. -6 016 TYPE OF CONSTRUCTION PLAN CHECK NO. -2- ;7- o0 OCCUPANCY.- GROUP CLASS CODE PLAN CHECK FEE $ 14) b0c> E-A 7�; 6— 6eoo, �7 C) 7" 0 Al L L� Lj — fI00 // 7 ' J --r V(CIMITY SkETCH NC�POq7- 5AY/ CAI [PORN(A cope of Work: Redeck Dock, Pier are 60, lzre� onol ale� 0 belokY I-OWer ZO-' k1074e',-. A,�'oxl—u, a " d Gangway. li'<71,= J06/e'5,6�rC/ 7r/7,', 07--1VCK1100'-l' Bar. �j �3 77. fl"V L) CA D 7 J F 3,� 7 7' A) A Kevin Finn ARPL�C4Nr�6 A14We Z 13 13 ze, 13 z4, - 7 '407' 4or A- ,,'?,C7.4WA1 "C;' V 0�4 7,5' DJECT ADDRESS: Ora S/ TELEPHONE NO: NER NAMEI� k BUYER'S NAME Kevin M. Finn and -e+i e l4ar,4V Ej up lb, ADDRESS OF FACILITY: PERMIT # Mr W. Bay Ave. 11713241 TELEL, X NO. FEE CHEC 0. D !:;?17 17/0 APP WED BY: DATE -'APPLICATION IS HEREBY MADE TOJRANSFER HARBOR PERMIT James W. Miller ""Trustee Kevin M. Finn & Jana Lee Bogar �'Trustee MadeAeine Marin- OCHD SEL ER'S NAME(S) BUYER'l " NAM (S,) Finn ENG (A 0 NAMES TO BE TYPED) COUNCIL IGNATURE OF SDE�LER SIGNAT E F ER PUBLIC WORKS lu DEPT. - SI N URE E SIGN OF SELLE ESCROW INSPECTTION SIGNATURE NT OWN 7 -0 El APPLICATI PR D (D El - r-Tyiiw-- - rT- IS REVOCABLE BY T HE CITY COUNCIL IN ACCORDANCE WITH TITLE SPECIAL CONDITIONS: THIS PERMIT 17 OR THE MUNICIPAL CODE CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REV CITY OF NEWPORT BEACH I C0!7� 04 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 23, 2001 Manners Escrow 4 Civic Plaza, Suite 100 Newport Beach, Ca 92660 Re: Pier Pen -nit 11713241 for 1324 W. Bay, Newport Beach #2 -2957 -MS Dear Sirs: The City of Newport Beach Harbor Resources 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 Form signed by both the Seller and Buyer and $198.50 balance for the transfer fee. If you require further assistance in this matter, please call 644-3043. Sincerely, � iiI ;i4"-_ v Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach cfrF grt LAJ 6 le C4 Noose, 04, VIC) AJ I TY SkE TC H qeWpoorr 13^yl CA4 'PrORN14 rok,plaf,""P5 e2eir ,(�O-lcvseol �,,) /',re/ O*p OA a &eloov 4-fcd207 z0oveo- /vd AO Ar po"re 0/' .. "ban- ...... ............................. PAP UIZ, it, L rl 9SMS I'A ascot Pro 6 e- se. Fv e 1 .7 1 1 tAj APA4.. / �C4 W�� A 1 Y 14. IFZ AAff A-*A.,t 10 A Lot MARINERS ESCROW (D CIVIC PLAZA 00) City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: Wes Armand Re: 1324 W. Bay Ave., Newport Beach 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date : July 10, 2001 Escrow No. : 2 -2957 -MS -�knclosed a check in the amount of $171.50 for the dock inspection for the property located at 1324 W. Bay Ave. Thank you!! F— Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. ivic Plaza Reagan ji 0 'A"Mm MARINERS ESCROW CIVIC PLAZA City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: Wes Artnand Re: Permit # 11713241 Enclosed please find the following: Our check for $198.50. Original Copy pier and slip form for your records 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date: September 4, 2001 Escrow No.: 2 -2957 -MS Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Marlin Escrow Civic Plaza Maril n SaWuter/Ja.neaggan Escrow Officers FM IT, C, 'X. C-1toutu Oj-t�ja 0 PEA —4,C C, VICIMITY SkETCH CA.f, Jerry Nawposvy- &.A,,� CAi woczNiA 0 5-041'-'70(/1795 0--C &XIOI-CSSCOf ""7 yp(rlel� I d, -,O YA 5 belOW /kIcrO-7 LOlOVeP- ZOW W401�er�, IWOXJI"U�" /kjf 134 are /;J, -7*,h�fs sec//O" or-Maw"pa, Bar. lok -I r -T 'Rat - 41x T-ff I I f 5,14 P,*c',C- if -e S- 3 41 C-3 �7- A), /41 AAIALIC4&r�9 A1,44AT 7-o 9 - iQ, -, 7 / /,-d - ) I / /,(- I- Z�F- IL 24, �13Z 4or 2,1,'AWAI 40.4 74:5' HARBOR PERMIT APPLICATION (Please print all information) LA t_7��, 13.2.1 a) � _R4,1 Ailk- 1 . Applicant (Property Owner) Address Telephone 324 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance Dredging 4. Fee Check No. Date 5. Brief Description of Proposed Work: IRE -C451 /,1Z1 -iLvj -r0f?51'oJ l3da- NECL) -Poc-k 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. -3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6)� Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 - 1/2" x 11 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. ,�e �co plet 7. Owner -Builder Declaration must b on reverse side of this sheet) 8. Applicant's/Agent's Signature: Date: c;2 — 5— �J�: Joint Permittee Signature (if aplMicablig/ Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council, Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date and/or plumbing permit (Building Department) Date _=11�ectrical lssued. (Permit is stamped drawing) Date Site inspection. (call 644-3043 for appointment) Date Site Re -inspection Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to , the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Sianature: Date: Contractor: Ronoyddi--s Telephone: Address: 3111q V,,q 1-il),D - a AAV - 9VO - 4'/ 24 1 License classj4+5 State Board No. 6-S-Y2S�Q CityLicenseNo. cII-70aq5(,S License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signatur Date:Q - 6--, 157�/f- C CITY OF N' '�4i, 00 lz� OA ^'CAL JL C—R L) 0 /z- &Vssr VICIMITY SkETCH Nsw,�OoZr &AY' CA4 19,ORWA 0 t7- 1�5 .4 t,-/ JCrrr S'o,,In of",) 9 -5 o,,e — �'cel Z>nc� 43�pnole O'ep Y'16 5 belOW �WrO,7 LOW--,- ZOW A40XII"41-w ronge c,/" /40 -4�40-60.- 11;?C5 ore CSY0611shrol -lh�f's 5eclZ0,7 oyoAlawporl Aaar. Azl�j iFA J) 7 -7 AJ, 13 z -/,7 -;4 2 4-1 ?7 0, �ZeAWAI &K�' i I / / I- L- Z7-- /L 4or 911ZIT, Cirf OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTW'M CONSTRUCT AND MAINTAIN THE FACUW SHOM ON THE REVERSE HEREOF. AT THE SITE ININCATED, SUBJI= TO THE PROVISIONS OF THEn HARBOR 7PEFmr POUCIES -10F NEWFOffr,BEACH AND 'AW,'-SPECIAL,,COMXFKM,!�?U$W.�HEMOIL';,,IHIS ' PERMIT THE CITY HARBOR COORD9MM 0R'CI7Y COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE �EWISSIVE ONIY---� AND THIS PERMIT MAY M Wa= SYMP CrfY COUNCIL/ IN ACCORDANCE WMkMU 17 OF 7HE MUMMALAODW PERmrr NO. DATE SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Mr. William Miller 1324 West Bay Ave. Newport Beach, CA 92663 Dear Mr. Miller: 2 November 1977 Thank you for your letter of 21 September 1977 notifying us of your intent to construct a modification of a boat dock at 1324 West BaV Ave., Lots 7 & 8, Block 2, 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 004-023 . 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. 1 Incl As stated F P RP-% SIP TF's �LA FL 537 Apr 77 Sincerely yours, *UN,R.P. YO Chief, Constructlon- Operations.Division 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 1450 LONG BEACH, CALIFORNIA 90801 (213) 590-5071 (714) 846-0648 COASTAL DEVELOPMENT PERMIT Application N=ber: A-9-30-77-1989 Name of Applicant: William Miller 1324 West Bay Avenue, Newport Beach, CA 92663 Permit Type: E]Emergencyz Standard Administrative Development Location: 1324 West Bay Avenue NewDort Beach. CA ,,-'6evdlopment Description: Relocation and renovation of existing dock. .�'----��eposition,2 existing piles, install 1 new pile, with dock to remain behind the U. S. Pierhead line. RWQCB approval, with no dredging. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: III. Whereas, at a public hearing, held on October 24, 1977 at (date) Torrance by a unanimaus vote, permit application number A-9-30-77-1989 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. Issued on behalf of the South Coast Regional Commission on October 25 , 197 7 M. J. Ca;enterQ Executive Director am/sws. permittee/agent, hereby acknowledge receipt of Permit Number A-9-30-77-1989 and have accepted its contents. (date) 7/27/77 (signature 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 recreation 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 24, 1977 at (date) Torrance by a unanimaus vote, permit application number A-9-30-77-1989 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. Issued on behalf of the South Coast Regional Commission on October 25 , 197 7 M. J. Ca;enterQ Executive Director am/sws. permittee/agent, hereby acknowledge receipt of Permit Number A-9-30-77-1989 and have accepted its contents. (date) 7/27/77 (signature 90MU,NQ, G. BkQWN JR., Governor STATE Of CALIFORNIA z:=:===== I =� CALIFQRNIA COASTAL COMMIS91ON ';001'11 COAST KCIONAL COMMISSION 1, 01:1 AtI 1K)MAVARD, S011t 3101 F 0, BOX 1450 0 t 0 1.) 1. 1 1.977 IONG BEACH, CALIFORNIA 90001 ,213) 5905071 (714) 846-0648 NOTICE OF PUBLIC HEARING Pursuant to order of the California Coastal Zone Conservation Commission, notice of public hearing is hereby given. Said public hear,ing is scheduled on the October 24, 1977 Agenda . for appLation for permit, numb . er A-9-30-77-1989 as submitted by William Miller The subject request is to permit Relocation and renovation of existing dock. Reposition 2 existing piles, install 1 new pile with dock to remain behind the U. S. Pierhead line. RWQCB approval, with no dredging. at 1324 W. Bay Avenue, New -port Beach, CA Said agenda public hearings will commence at 9:00 a.m. on October 24, 1977 at Torrance City Council Chambers 3031 Torrance Blvd., Torrance, CA 90503 During which time all persons either favoring or opposing the application will be heard-. Testimony should be related to the regional and state-wide issues addressed by the California Coastal Act of 1976 and that testimony relating solely to neighborhood and local concerns is not relevant and will not be permitted by the Chairperson. Any written correspondence regarding the application should be directed to this office,prior to the hearing date. All. interested individuals who wish additional information may con- tact this office. t-'J- C p 7e kr ec��tivre i5rector FOR APPLICANT ONLY.... COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY CAJ OR v- Id-c-tj $'Zip 'ro 1,.g Be-och PIC J( Z� ==-j /,/T 77 -7 1 PAL45,4 c5<. c- cdoo PE4 =-K et tvcsr VIC) XJ I TY SKETCH NEWPORr 131AY CAL IFORWA 0 —K, tvLF5 ,510 (1,e7 01 Inqs are e of /p? 1�?e/ C>r)o( Cldwole O'ep",A.5 belOW 1L -71r017 I-OrVed-- LOW AIOXI�U" r47,?qL- 0/' /0 -Pee-1 Ala. -60.- 11�7eS /v u') OrVeft- r 43 C7 A-� rF 19 �;- —A 0 Jr— -T 91 4�y- -4" 1 1 J qbl r I 4-A. SEP 3 i.Q77 t ScRc 3 5-' ;h Coast Regional: Commission APPROVAL 4- Permit No. 1,4 A. Af,-41CAVr�9 .1VAOMe Z, �/- 6x-) JO,8 AJOAMee.919 9 407' 7, 407 /0 2 77 P// 4� �AWAI� K" OA 76, CITY OF NEWPOk*f i�aACH HA Pi6O�4�� ro togg .6coch I �IW '7r ../o/ ;7r' 0. oc> IFA48CIA7 7-1 I I 'Woo, OA46,,q it 7. PEI. ,c VIC) AJ I TY SKETCH Nowpoar 5AY-, CAI WOMNIA UPS S.�5 Cd YrCe/ 01)c;( Old'nOle depl'-45 beloW /1-7crOI7 ZOWer ZOW IWOZI-WUM rc?n5?e al' lf'&c oppro.Xlwo-lel�,- 1424ee-l. Harbor 4�7e5 are esioble'shea( 1;7 oyl"vdw,4,or1 Bor. i5A 0 91, 771e-�- 7 77�2,'/) C-7 A )- WIL—t-1,4 1,41 P11 e--t— A.---I-ICWN7�9 N.44 -M' 7 - JOB AOAOee49S 4. -F; 4, 7 'e407- 4or 1 az 0 Cl< 77;� "q 0 7-1.4) F- 77 _,OA 7&' CITY OF. NEWPORT BEACH, HARS07 PERM -!7 co PEF"MISSION V Z T ANT MAUNTAIDN 7FC- y AT 11,251E Sj7Z TWIZ FAtEll.,�""��-�� --� --- � �-- -� 7. OR 004D ""N"HAZ IN ACCORDAAK;11. 5 5"11 T 0 R PERMIT 1�0 '--, 1. .=: _-4,, 'PAIN NSTRUCTION PEHIIIIMT DATE .... 11-11-..-1.7 .................. ..... ... SEE AR 14 SPECIAL CGrPs Of orange county pel'"Ut 01ber, �5� . le 7— -e- e-- S7ATE OF CALIFORNIA EDMUND G. [3ROV.'N j.R.. Governor CALIFORI."IA COASTAL Co�,7.11SOTOJ,T SOUTH COAST PEGIOIJAL CO,'i';%',1SS1ON C66 E. OCEAN BOULEVARD, SUITE 3107 1 xl-r P. 0. BOX 1450 LONG PEACH. CALIFORNIA 908P1 2137�90-5071 73-4/846-0648 Dear Applicant: Your application for a Coastal Commission permit has been received and cannot be filed for processing until the enclosed certificate of posting has,been returned. s Your file number i for the rojf,c located at, - 2, Please refer to this numTer when communicating with us in regard to your project. You will be advised by separate correspondence of the hearing date. Yours truly, SOUTH COAST REGIONAL COMMISSION M� e�i 6 Vp e -(n t r _je Executive Director By Date: Enclosure: Certificate of Posting 22776 STATUS SHEET HARBOR PERMITS LOCATION New PERMIT NO. 1/7 - Revision APPLICANT NAME Dredging CONTRACTOR Date Rec'v C/1 - A; 7 7 -Fee Amt.— 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. 9_,�/,_� 3. "Waste" Ltr., 4. Drawings 5. Staff Report 6. 7. 8. REMARKS WAIII DATE FINAL INSPECTION Denied SARWQCB J.H.C. OR. CTY. T.I.C. WAI.IIE1.1 t III Ito III' TO: William Miller 11,24 W. 11111Y Avp. N(-'Wl-)Or L California 92663 Re: New Dock Dear Mr. & Mrs. Miller: 2410 Newport Boulevard Newport Beach, California 92660 Tplepho"e (.714) 67.1-1960 C-Oradors ticantii; No. 2:PbVY.1A 8/30/77 For your convenience and to expedite the processing of the permits,'etc. that are necessary to the above project, I can sign for you as your agent.on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS San, authorize you.to act as my agent on the above project. Signature Date�/ n 40 STATUS SHEET HARBOR PERMITS TRANSFER L o c a t 1 o n... 13 Z 4- -/,1/ Permit # Date Application Received 7- -3 ig - 7 Fee Rec1d Oral Request for Inspection Escrow Co. Date- 7-22-73Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) f-7Z=:JAate Transfer Completed