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HomeMy WebLinkAboutM2012-0028tiNT OF G4 <; e • SFO STATES OF r�wQ • • Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS - P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 September 19, 2012 Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, California 92627 Dear Ms. Chung: Reference is made to your request dated May 14, 2012 (File No. SPL-2012-00299-BLR). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below in project SPL-2012-00299- BLR, 601 Lido Dr. within the city of Newport Beach, Orange County, California (Figure 1). Specifically, you are authorized to conduct the following regulated activities: 1. Remove an existing boat dock, consisting of a 4 -foot by 24 -foot gangway and 65 -foot by 82 -foot U -dock configuration that covers approximately 0.0319 acres (1,392 square feet) (Figure 2). 2. Installa like -for -like boat dock replacement, consisting of a 4 -foot by 24 -foot gangway and 65 -foot by 82 -foot U -dock configuration that covers approximately 0.0319 acres (1,392 square feet) (Figure 2). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers Regulatory Division. In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) Part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.EM.usace.anny.mil/survey.html. Thank you for participating in our regulatory program. If you have any questions, please contact Bonnie Rogers at 213-452-3372 or via e-mail at Bonnie.L.Rogers@usace.army.mil. -2 - Sincerely, SWENSON.DANIEL.PA Digitally signed by S W ENSON. DAN I EL.PATTE RSON.1081348363 TTERSON.108134836DN: c=US,o=U.S.Government, ou=DoD,ou=PKI, ou=USA, 3 cn=SWENSON.DANIEL.PATTERSON.1081348363 Date: 2012.09.1915:30:25 -07'00' Daniel P. Swenson, D. Env Chief, L.A. & San Bernardino Section North Coast Branch Regulatory Division Enclosure(s) PERMITTEE DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on September 19, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office,. which may require restoration of the area. -3- 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A pre -construction survey of the project area for eelgrass shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (see http://swr.nmfs.noaa.gov/hcd/Tolicies/EELPOLrevll final.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, National Marine Fisheries Service (NMFS), and the California Department of Fish and Game (CDFG) at least -4- 15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory Division determines eelgrass may be impacted by project -related activities, further eelgrass monitoring and compensatory mitigation may be required, as described in the SCEMP. 6. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.nmfs.noaa ov/hcd/caulerpa/ccp pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NMFS, and CDFG at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NMFS and CDFG 7. The permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the iJnit%d States. Upon i ompieiioii of the project t author iZed herein, any and all excess iiiaLeriai or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB. (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The permittee shall notify the U.S. Coast Guard, Commander, 1 lth Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: - i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; -5 - iv. Vessels involved in the operation (name, size and type); v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter I, subchapter C, part 66. The permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be affected by this project, the permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c) Should the permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 9. Within 30 calendar days of completion of the project authorized by this permit, the permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711 10. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the I on permittee will be required, upon due notice from the Corps Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1599 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. 0 LOSANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2012-00299-BLR Name of Permittee: Gary Craigmile Date of Issuance: September 19, 2012 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: • ' X' (1) E-MAIL a statement including all the above information to: B_qnnie.L.Rogers@usace.army.mil (2) FAX this certification, after signing, to: [213-452-4196] (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00299-BLR Los Angeles District PO Box 532711 Los Angeles, California 90053-2325 0 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS Permit Dumber: SPL-2012-00299-BLR Dame of Permittee: 601 Lido Homeowners Association; Gary Craigmile Date of Issuance: September 19, 2012 Date work in waters of the U.S. completed: Construction period (in weeks): Dame & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Bonnie,IJ.Ro, ers�usace.ar y.miI (2) FAX this certification, after signing, to: [213-452-4196] (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00299-BLR Los Angeles District PO Box 532711 Los Angeles, California 90053-2325 -10— 'I I A` ° AIS I IST TI E T ANSI C. . SID . T 'I° Al l Applicant: Cary Craigmile File Number: SPL -2012-00299 bate: 20120919 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Per°mit or Letter of omission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regardingan administrative appeal of the above decision. Additional information may be found at h/ wwN sac any mit/ceew`/p g 5. /Irgg, ials„ a x or Corps regulations at 33 CFR fart 331, A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. * ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit, OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. Amer evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This farm must be received by the division engineer within 60 days of the date of this notice. _ C° PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this -form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice, -11- D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarifv the location of information that is alreadv in the administrative record. M If you have questions regarding this decision and/or If you only have questions regarding the appeal — the appeal process you may contact: process you may also contact: Bonnie Rogers Thomas J, Cavanaugh U.S. Army Corps of Engineers U.S. Army Corps of Engineers Regulatory Division Administrative Appeal review Officer, ATTNi: CESPL-RG-SPL-2012-00299-BLr South Pacific Division Los Angeles District 1455 Market Street, 2052D PD Box 532711 San Francisco, California 94103-1399 Los Angeles, California 900532325 Phone: (415) 503-6574 Fax: (415) 503-6646 Phone: (213) 452-3372 Email: 13onnie.L.rogers@usace.army.mil Email: Thomas.J.Cavanaugh@usace.army.mil RICHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Signature of a pellant or agent. Dade: t etepnone number. SPD version revised December] 75 2010 III 1111 6- T1,71MVI 411 � 1! 11 I'MOTOW'" lnit�-q,, proffpred permit sent to applicant. Applicanti'Corps sgn standard L)Ces perp .,il or ip,*cnot acr,,eptg kip P1 ica, tt acre ptZ-1� letter of permission. Irn to mis Pid condition-, of the 4---- Tho project ;S a�.ithorizcd- Yes iniL-�� proff-red pe r, r�, it? No A�plicat.t sends specific objert,oms to district en-gineer. The district erygirleer wAl either modify the pei-rrft to remove all objectiona0le ccn.d4dons, remove of the objectionable conditions, or not rvI Vire parmit. A pemiA s serit to the applk;,w-t fbe re-considefation with ar-,-- NAP and an FIFA form. A,,,)pIicar,,7YCorp,s , rt standard Does the permit or applicant accepts applicant accept the lip letter of pormission and condiric"ns of he proffered permit? The project ,,,5 aithorized. Yes m Appjicant declines the proffered permit. The dechnod r�,,mj' rt -L: 6p appealed bysubrTTR.Uir1,g, a RFA to the division engineer witiin 60 da -,v' of the date of the NAP f-aep Appendix A" 9 STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceangate, 10th Floor c,EIVE® LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov COMMUNITY AUG 13 2012 Date: August 10, 2012 Mr. Gary Craigmile 5-12-136 601 Lido Park Drive DEVELOPMENT Z Newport Beach, CA 92663 �y ! �y OF //EwPOR1 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on July 20, 2012 and was reported to the Commission on Thursday, August 9, 2012 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, CHARLES LESTER Executive Director By: LILIANA ROMAN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung 1W CALIFORNIA COASTAL COMMISSION SauthCoastRegion ' CITY OF NEWPORT BERCH MAY 14 2012 L- CITY OF EXHIBIT 9-��� NEWPORT BEACH �� PAGE UPPB CALIFORNIA --LI-OF_ COASTAL COMMISSION �Y � N G�NG'f�V.�l y `� dis7 t� CDic/C, /�/L//V tii.o � ISLAM BAY t II .. ��(\✓tiv:>� -- ��' S C-RN PIER JWEST ETTY VICINITY MRP PROFILE NDfW BW' °°`' JETTY SOUNDINGS RRE EXPRESSED IN FEET RND DENOTE ELEVATIONS BASED ON KERN LOWER LOW WRTER. STATE OF CALIFORNIA — THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL_ COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Permit Application No. 55-12-136 Long Beach, CA 90802-4302Th C Date: July 19, 2012 tl� ° (562)590-5071 1 J Page 1 of 9 ADMINISTRATIVE PERMIT APPLICANT: 601 Lido Homeowner's Association PROJECT DESCRIPTION: Remove and replace existing 1,406 sq. ft., 3 -slip, U-shaped floating dock and gangway with new like for like floating dock system in same size, configuration and location, utilizing the existing 7 piles. PROJECT LOCATION: 601 Lido Park Drive, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, August 9, 9:00 am Santa Cruz County Board of Supervisors Chambers 701 Ocean Street Santa Cruz, CA 95060 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Liliana Roman Title: Coastal Program Analyst 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 2 of 8 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting 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 thru eight. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The project site is located at 601 Lido Park Drive in the City of Newport Beach (Exhibits #1-2). A mutiple-family residential structure characterizes the subject site and the surrounding area. The proposed project is the demolition and reconstruction of a 3 -slip 1,406 sq. ft. U-shaped floating dock system including gangway in the same size, configuration and location. The existing seven 14" diameter concrete piles currently supporting the 3 -slip U-shaped existing floating dock system will remain in place to support the new replacement floating dock. There is no pier or pier platform associated with the existing dock and none.is proposed. New materials will consist of pressure treated wood frame and TREX composite decking, Superfloat floatation pontoons (polyethylene and foam). The proposed dock system does not conform to the U.S. Pier head Line, however, is located in an area of the harbor which the City of Newport Beach allows docks to exceed the Pier Mead Line per a Harbor Permit. 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 3 of 8 The. new dock configuration is the same to that currently in place, therefore, there will not be an increase in the dock's overall shading impacts. The dock project will be used for boating related purposes to serve a multi -family residential development on the landside portion of the lot. The site was surveyed for eelgrass and Caulerpa taxilfolia on April 21, 2012. The area surveyed was greater than 75% coverage of bay floor of the project area. No eelgrass or Caulerpa taxilfolia was found within the entire project area (Exhibit #4). Therefore, the project would not have any direct eelgrass impacts. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any additional eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. The site is located at the beginning of the Balboa Peninsula, coastal public access to Newport Bay is available approximately 70' from the project site at the coastal public access to the Rhine Channel. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division, Harbor Permit Number 124-601 and Plan Check Number 0747- 2012. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the. U.S. Army Corps of Engineers. Staff -expects the U.S. Army Corps of Engineers' Letter of Permission (LOP) deeming the project qualifies for the General Concurrence for impacts to essential fish habitats. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. 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. As the existing piles are proposed to be re -used, no soft bottom sediment disturbance will occur as a result of the project. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 4 of 8 use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. . Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was comprehensively updated on October 13, 2005. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, .shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 5 of 8 (10)Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11)AII stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12)Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13)The discharge of any hazardous materials into any receiving waters shall be prohibited. (14)Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with.runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (15)Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction - related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16)AII BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite; chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 6 of 8 a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent. materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels lubricants or nther line Kiri materials) the bnaterg ill wine a hilnc ru imm_ out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge cleaning since_ they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the. development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 7 of 8 8 (except as modified by this special condition) adopted_ by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation . Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas; California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions_ to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 5-12-136(601 Lido Homeowner's Association) Administrative Permit Page 8 of 8 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing COASTAL ppIIS, Map Output Page I Of COASTAL JJSSION EXH I BIT PAGE --A: OF2- _ -� httpo//www6.city.newport-beach,ca.us/servlet/com.esri,esrimap.Esrimap?ServiceName=n... 4/16/201; DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: lacgLialymchungCa�sbc9lchal net WWW sWiftsll�docks.10M 19 April 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below_ This is notification that we intend to replace the boat dock at the address referenced belowi. 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: Gary Craigmile — 601 Lido Homeowner's Association 2. Project Address: 601 Lido Park Drive Newport Beach, California 92663 3, Applicant Phone: 949.675.6101 4. Parcel Number: 932'550 01 — 932 550 56 Remove and replace existing floating dock system. Reuse 5. Scope of Work: existing pile. 6. Latitude/Longitude: N33.365722, W117.553408 7. Applicable Fees: Enclosed is a check for the application fee. This notice is being submitted according to Regional 8. Statement: Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949)644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing floating dock. Use existing pile. Address number must be stenciled.on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 601 Lido. Park Drive Legal Description: Harbor Permit Number: 124-601 Plan Check Number: 0747-2012 Applicant: 601 Lido Homeowner's Association Applicant's Mailing Address: 601 Lido Park Drive, Newport Beach CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find '�( They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this. Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying With all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources May 3, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 l I Worksheet for Building Combo Permit Applicationo�? �P0 m Pnnt Forrr3 City of Newport Beach -Building Department s Please Print 3 copies HARBOR I" 9 jt3uilciing uraaing I :uraenage I : tiec I _ iviecn 1. Project Address (Not mailing address)o Site No X0.1 L n MW Dfl, Tenant Name(if Applicable)1. #Units (if Residential) WD �bff Check 3. Owner's Name Last nffMrs "f Owner's E-mail Address ........................................... ..... ...... .... city State Zip Tele hon OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 4116109 ELEC/MECH/PLUM P/C; FEE $ ' RERMIT NO. FIRE P/C FEE $ T 1 PL., CHECKNa(a y e /� *� ' 4 { P�N CHECK FEE $ CITY 0�� PJCI- PORT :EACH CITY OF NEWPORT BERM E3WPER A NP�T OO i r r' 1:::'IL/NGKK BOFl - ---_ - _ --- ISLAND BAY P s IC OCERIV BpILEEMRRWEST VICINITY MRPJETTY PROFILE EAST NDPW CRY, JElT1' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE �+ ELEVRTIONS'BASED ON MEAN LOWER LOW WATER. _ICANT'S NRME WA Oril vv ®(�j. [JOB ADDRESS b01 u Q - fiy- I'DATE4. H • ID17-, Rpr 18 2012 1:42PM HP LASERJET FAX -849-675-5276 p,l 04113/2612 28; e9 9496313122 SWIFTSLIPDOCKPIER PAGE 03/07 I I i AUTHA Ii i I, Gary Craigmile, hereby designate and authorize Peter Swift and his representative Jacquelyn Chung, to a6t on my behalf as my agent in the processing of this permit application and to furnish, upon requesting, supplemental information-ih' support of application. signed: r Dated: t Apr 17 2012 3;02PM HP LASERJET FAX -949-675-5276 p.1 N State of California Secretary of State Statement of Information (Domestic Nonprofit, Credit Union and Consumer Cooperative Corporations) Filing Fees $20,00. If this Is an amendment, see Instructions. j IMPORTANT— READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME 601 Lido Homeowners Association 2. CALIFORNIA CORPORATE NUMBER 00716257 This 8 >tce for Fling Use p OnIV Complete Principal Office Addreve (Do not abbreviate the name of the city, Item 3 cannot be a P.O. Boxy 3. STREET ADDRES6 OF PRINCIPAL OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE B01 Lido Park Drive Newport Beach CA g 63 1. MAILING ADDRESS OF7HECORPORATION CITY STATE ZIP CO E 601 Lido Park Drive Newport Beach CA 9 863 Names and Complate Addresses of the Following Officers (The corporation must list these three officers. A comparable title or the speclfle officer may be added; however, the preprinted titles on this farm must not be altered.) 6. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP C E Drlan Hoyle 801 Lido Park Drive 1 F Newport Beach CA 9:1.663 S. SECRETARY ADDRES6 CITY STATE ZIP E Conrad Tlmpe 601 Lido Park Drive 7A Newport Beach CA 8 663 7, CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE Sue Tumor 601 Lido Park Drive 8.0 Newport Beach CA 92663 Agent for Service of Process If the agent Is an individual, the agent must reside In California and Item 8 must be completed with a C alifamle street address, a PA, Box address Is not acceptable. If the agent Is another corporation, the agent must have on file with the California Secre ry of State a certificate pursuant to California Corporations Code section 1505 end Item 9 must be left blank. 6. NAME OF AGENT FOR SERVICE OF PROCESS Gary Cmlgmlie 9, STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA. IF AN INDIVIDUAL CITY STATE 71P CC DE 601 lido Park Drive Apt 1 Newport Beach CA 926W Davis4tiriing Common Interest Development' Act (California Civil Code eectlon 1350, st seq) tic. 0 Check hero If the corporation is An Aaaodatlon formed to manage a common interest development under the Davis-Stlrting Common Interest Development Act. NOTE: Corporations formed to manage a common. Interest development must oleo fie a Statement by Common Interest Development Association (Form 81 -CID) as required by California Civil Code section 1353,6. Pleaee see Instructions an the reverse aide of this form. 11, THE, INFO RMATION_C.ONTAINED. HEREIN. IS.TRU.E-AND_CORREC.T.._ March 14 201d Kim Curtls Accountant DATE TYPEIPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI.100lREVa1120i21 APPROVE DBYSECR ARYOFSTAT[_ Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 19 April 2012 Re: Gary Craigmile 601 Lido Homeowners Association 601 Lido Park Drive Newport Beach, California 92663 Remove and replace existing floating dock system. Reuse existing pile Document #1 —Assessors Map Document#2 — Aerial View of Project Site Document #3 — Project Site Document #4 — Project Site Document #5 — Drawing of Proposed Floating Dock Floating Dock: Superfloat floatation pontoons 4 x 8 framing with 5 x7 angle clips and 1/2" bolting throughout 21/2" diameter steel torsion tubes built into fingers for long term stability 3 x 12 facing (upgrade) with white rubstrip and corners 6 cleats per finger 8 cleats on back walk Steel pile guides with 4 polyurethane rollers Install decking with stainless steels screws Gangway: Install 4 x 24 gangway with decking to match dock 1lee a feet' 1000 -r th (:5 meters 1 500 MUP UUTPUT Page I of I Aerial lma( st http://www6.c1ty.newport-beach.ca.us/serviet/com.esri.esrimap.Esrimap?ServiceName=n... 4/16/2012 2027 Placentia Avenue, Costa Mesa, California A (949) 631-3121 ® Fax (949) 631-3122 m DIVE WORKS 601 LIDO PARK DR x 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 98802 April 21, 2012 Subject: Pre -Construction Survey — Eelgrass Survey and Caulerpa Taxifolia Survey 601 Dr., Newport Mr. Pete Swift, Attached is the Pre -Construction eelgrass (Zostera marina) survey report and Caulerpa Toxifolia survey report for the above-mentioned address. Eelgrass was not observed in project area. No Caulerpa Taxifolia was observed in subject area noted above. This is a Pre -Construction — Eelgrass Survey report as required in accordance with California Coastal Commission (CCC), City of Newport Beach and Army Corp of Engineers (USACOE) to determine if the project impacted eelgrass. The Southern California Eelgrass Mitigation Policy (SCEMP) pertains to eelgrass that is widely distributed throughout Southern California Coastal and Harbor Regions. SCEMP has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This Pre -Construction survey will assist development projects by contractors like ycu to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible developments by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, L DiveWork@gmail.com (949) 759-0773 15t ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 1 of 8 DIVE 429-0 Shoreline Village Drive Long Beach, CA 90302 Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Report Prepared April 21, 2012 m Dive Works Robert Wiegand Survey assistance by Sean Donovan ls' ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 2 of 8 Property located at 601 Lido Park Dr., Newport Beach, Ca (see Figure 1) has proposed to replace current dock system that is 3 "U" shaped slips integrated into an interconnected dock system, see Figure 3. No construction has been conducted to date at time of this survey. Eelgrass was not observed. Coulerpa was not observed. The survey was conducted April 21, 2012 1350 hr, N 33.615885° , W 117.9261930. It was cloudy with overcast skies, air temperature was 65f and water temperature was 63f. Depth measurements were done with transect tape, depth gauge. Divers entered the water from dock covering 70ft parallel with sea wall and 90ft out from sea wall. Visibility was 7ft. Divers swam parallel with sea wall and spanned an area of 5ft on either side, through the entire survey area to ensure >75% coverage of bay floor, see Figure 1. Depth ranged from 2ft at sea wall to 10ft at end of dock. 1St ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 3 of 8 6.000 5.000 J_ 4.000 0 a, 3.000 d 2.000 m 1.000 0.000 -1.000 '- 04/21 00:00 04/21 04:00 Predicted Tide NOWNOS/CO-OPS Preliminary Water Level (A1:1) 'vs. Predicted Plot. 9410170 San Diego, CA from 2012/04/21 - 2012/04/21 04/21 04/21 06:00 12:00 Date/Tine (GMT) Observed WL 04/21 04/21 04/22 16:00 20:00 00:00 (ubs-Pred) - — - Survey Findings No Caulerpa was observed within project site (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed within project site. Various marine life was found in survey area that include muscles on floats and piles, skates on bottom, small fish and mackerel, and sea snails. Bottom is sand and sediment/silt. 1St ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 4 of 8 DIVE WORKS (949) 759-0773 601 LIDO PARK DR 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 April 21, 2012. Caulerpa Survey Reporting Form This form is required to be. submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required.to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has, been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted ,for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 601 Lido Park Dr. Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) HyRd.ographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6158850 (UTM, Lat./Long., datum, accuracy level, attach W 117.926193° electronic survey area map if possible) Was EelgrassDetected: No, not within 10' of project site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) 1s1 ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 5 of 8 f DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 601 LIDO PARK DR NEWORT BEACH, CA April 21, 2012 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 2'— 10' Bottom is sediment and sand. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 63' Salinity: Dominant flora: Dominant fauna: Small fish, skates, muscles, Mackeral, sea snails Exotic species encountered - None Caulerpa Other site description notes: Description of. Survey Effort: Survey date and time period: Survey conducted using SCUBA. (please describe the surveys . conducted including type of survey DATE: April 21, 2012 (SCUBA, remote video, etc.) and TIME : 1350 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 7' Survey type.and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: . Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) 1St ANNUAL EELGRASS & CAULERPA SURVEY REPORT Page 6 of 8 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 601 LIDO PARK DR NEWORT BEACH, CA April 21, 2012 This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and. authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving, Service at 949-759-0773. Required Information. Site Name: 601 Lido Park Dr. Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOS Permit No.; CCC Permit No.) HyRd.ographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6158850 (UTM, Lat./Long.., datum, accuracy level, attach electronic W 117.9261930 survey area map if possible) Was Eelgrass Detected: No, not within 10' of project site Description of Permitted Work: Replace existing "U" dock with new "L: dock (describe briefly the work to be conducted at the site under the configuration and 3 new piles. permits identified above) EELGRASS & CAULERPA SURVEY REPORT Page 7 of 8 DIVE WORKS (949) 75-0773 429.-0 Shoreline Village Drive Long Beach, CA 90802 601 LIDO PARK DR NEWORT BEACH, CA April 21, 2012 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 2' to 10` Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 630 Salinity: Dominant flora: Eel grass Dominant fauna: Small fish, muscles, Mackeral, skates, sea snails Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys conducted including type of survey DATE: April 21, 2012 (SCUBA, remote video, etc.) and TIME : 1350 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 7' Survey a and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) EELGRASS & CAULERPA SURVEY REPORT Page 8 of 8 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA .92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions May 3, 2012 Property Address: 601 Lido Park Drive With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The Conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4: Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name Page 2 of 2 Date Date Date Sep 14 2012 12:46PM RDA ASERJET FAX d9/ie/2812 21,49 9496313122 8487580728 SWIFTSUPDOCKPIER p.2 PAGE 02!03 i HARBOR Ri:SOURCBS DIVISION. 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-30341 Fax (949) 723-4589 Speciai Conditions May 3, 2012 Property Address: 601 Lido Park Drive With reference to the plans currently under curavitierraLiun of thv,bbuve referenced address to reconfigure or modify the dock system or bulkhead, the follovAng conditions will now be in effect, 1. The pro)act proponent is aware of the Harbor Permit Pollcles (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Cods. The project proponent understands that the abov4 referenced structure(s) is under tho purviow of these PoliciQs and Codes. 2. Any future work on the above mentioned structures) requires permits with the City of Newport Beach and any other applicable agenoies. Painting land work considered to be cosmetic In nature does not require a permit. 3. The conditions set forth In this document pertain to the proposed dock system endlor bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require now conditions which may ovsrride or change these conditions. These conditions supersede all past conditions associated with tW property. 4. Only marina Oriented uses are allowed on tlho plar, pier platform, gangway and float, Patio furniture, plants etc,,,are nut permitted. 5. In accordance with Municipal Code 10.08.030 A. the proye�t proponent shall obtain the proper permits for equipment and materials storage. "Except is otherwise provided in this section, no person shall use any public street, sidewalk, alley; or parkway or other public property for the purpose of storing or displaying any equipment, !materials or merchandise, or any other commercial purpose. B, Public straits, sldpwalkst, alley s, or parkways may be used for the purpose of selling, storing, or displaying any equipment, pateriai, merchandise or for other commercial purposes In the following cases; ...for the ternoorary storage of construction squlpment or material provided a permit is Issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code."' 5. The project shall be implemented In conformance with the Lodal Coastal Program -Coastal Land Use Plan, Page 1 of 2 Sep 14 2012 12:4GPM RDA ASERJET FAX 9497590728 p.3 09/10/2912 21,49 9495313122 SWIFT5LIPD=PIER PAGE 03/03 7. in aceordanco with Municipal Code 10.28,040 -the foilowiri noise regulatlone apply, "A. Waakdays and Saturdays. No person shall, while engaged In construction, remodeling, digging, grading, demolition, painting, plastering or any other releted building activlty, oporcto any tool, equipment or machine In a manner which produces loud noise th6t disturbs, or could disturb, a person of normM "nsitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m, and six thlrty p.m.,, nor on any Saturday except betwoen the hours of aight'a.m. and six n.rn. B. Sundays And Holidays. filo p4son shall, while engaged in construction, remodeling, digging, grading, demolltlon, painting,lasterinp or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise than df5turbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend, In the ester along their Sarno bearing. Vassals shall not oncmach upon the n*lghbor's property on alther side. 9. Vessels may not extend beyond the end of the fingers by snore than the width of its beam. Joint Fier Applicant Signature (if applicable) Print Name Date i CITY OF NEWPORT BEACH n V = PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 cq��FoaN�P (714) 644-3311 August 19, 1994 601 Lido Homeowners Association 601 Lido Park Drive Newport Beach, CA 92663 Attn: Rita Writer, Chairman Board of Governors Subject: Groundwater Leakage into 601 Lido's Underground Garage Dear Ms. Writer, This letter is written in response to your letters of July 20 and August 14, 1994. Those letters concerned groundwater leakage into your underground garage at a construction joint approximately i5 the way down the entrance ramp toward the garage gate. As the result of your first letter, I met with you onsite and arranged for City forces to grout the lifting holes in each of the bulkhead panels below the boardwalk at the end of The Rhine. Although I felt that this simple procedure would probably not have an effect upon the flow of water into your garage during high tides, we did this nominal amount of work as an act of good faith in an affort to mitigate the problem. Unfortunately, as you point out in your 2nd letter, the work did not reduce the flow of groundwater into your basement. This was verified by me during the high tide on the evening of August 17th. At this point, the City must defer from investing further staff time and money to resolve the leakage problem. We must do so for the following reasons: 1) Your garage was intended to be built as a watertight structure, as evidenced by the lack of leakage below the location of the leaking joint in the entrance ramp. Watertight structures are required any time they are to be built below groundwater elevation. Obviously, the waterstop device at the leaking joint is not performing as intended. 2) Although we agree that the source of groundwater is probably from the Bay, there is no indication from which direction (from Lido Channel or The Rhine) it originates. However, even if the water originated from The Rhine, the City does not assume the responsibility for controlling groundwater within 3300 Newport Boulevard, Newport Beach your site, nor does it grant that the presence of a public seawall will preclude the effect of tidal fluctuations upon groundwater or structures within your site. 3 ) We presume that the native soil under Lido Park Drive is quite sandy, therefore pervious to groundwater movement. However, there is no evidence that the street is being undermined, nor that the presence of groundwater or tidal fluctuation is causing any deleterious effect upon any other City -owned facility. For these reasons, we cannot pursue the groundwater leakage issue further at City expense. However, please feel free to contact me if you need further information from City records. Very truly yours, Llyd Dalton, P.E. Design Engineer CC: General Services Department Building Department Marine Department City Attorney RICHARD K. SHOGREN G ASSOCIATES + Consulting Civil Engineers t (714) 636-1620 16 November 1993 Mr. Ray Schuller Building Director CITY OF NEWPORT BEACH Building Department . 00 Newport Blvd. Newport Beach, CA 92663 Re: PLAN CHECK NO. 2061-92: BULKHEAD REPAIR at 601 Lido Park Drive, Newport Beach Dear Mr. Schuler: The repair work on the bulkhead at 601 Lido Park Drive is now complete. We are sending you a copy of all field notes, material certifications and test reports. The work was monitored by members of our office on a nearly daily basis. The reinforcing steel was tied together and inspected before placing into the forms by Samuel F. Kniss (RCE 17377). All concrete was tested by Twining Labs and found to have compressive strength exceeding that required by approved plans (lab reports enclosed). Inspection of the concrete placement from the upper and lower coping was monitored by Hans R. Sifrig (SE 2683). Excavation, backfill, compaction, .] L 11___�__ L=d Lam- �1 aiiu steel i"spection for '-'Cie new Concrete walkway was inspect Ctu 1- $saTiu.-L F. Kniss, as was the concrete placement for the walkway. The steel sheet pile installation was monitored by Samuel F. Kniss. The installation of the soil anchors was monitored.by Samuel F. Kniss, Hans R. Sifrig, and myself. Grading inspections and testings of the subgrade for the new sidewalk behind the bulkhead was conducted by E. Douglas Schwantes, Jr. (RCE 25493 & GE 757). 12755 BROOKHURST ST. • SUITE 203 • GARDEN GROVE, CA 92640 File No: L111693H.641 Re: PLAN CHECK NO. 2061-92: BULKHEAD REPAIR at 601 Lido Park Drive, Newport Beach Dear Mr. Schuler: The repair work on the bulkhead at 601 Lido Park Drive is now complete. We are sending you a copy of all field notes, material certifications and test reports. The work was monitored by members of our office on a nearly daily basis. The reinforcing steel was tied together and inspected before placing into the forms by Samuel F. Kniss (RCE 17377). All concrete was tested by Twining Labs and found to have compressive strength exceeding that required by approved plans (lab reports enclosed). Inspection of the concrete placement from the upper and lower coping was monitored by Hans R. Sifrig (SE 2683). Excavation, backfill, compaction, .] L 11___�__ L=d Lam- �1 aiiu steel i"spection for '-'Cie new Concrete walkway was inspect Ctu 1- $saTiu.-L F. Kniss, as was the concrete placement for the walkway. The steel sheet pile installation was monitored by Samuel F. Kniss. The installation of the soil anchors was monitored.by Samuel F. Kniss, Hans R. Sifrig, and myself. Grading inspections and testings of the subgrade for the new sidewalk behind the bulkhead was conducted by E. Douglas Schwantes, Jr. (RCE 25493 & GE 757). 12755 BROOKHURST ST. • SUITE 203 • GARDEN GROVE, CA 92640 File No: L111693H.641 Page 2 This completes the work on the bulkhead and to the best of our knowledge and belief, all work was done in accordance with the design drawings. If you have any questions please contact the writer or Mr. Kniss. Yours very truly, RICHARD K. SHOGREN & ASSOCIATE Richard K. Shogren, P.E. •�� Principal RKS:SFK:mfh enc cc: R. Reed - 601 Lido HOA T. Melum - NB Marine B. Henderson - ACOE S. Kniss K. No. 25045 Z )"' czp. 22-31-93 RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers CITY OF NEWPORT BEACH c'ONDI-fac"s". SPECIAL /? HARBOR PERMIT c PERMISSION IS HEREBY GRANTED TO CONSTRUCT AfW MAINTAIN THC FAACMITY ZSH0,7�`U-N G��j -X�j perMit/- p HEREOF, 'AT YHE SITE aNDWAVED, THE ANY Sl`t'X,`3AL PER.M49", Is TH!. THE L AND Trips PLIMUNT MAY 7, CIDUNCIL IN ACCORDANCEVVI TH r6TLt 17 Or.: THE c E. IT ARIO ROINATOR feERM No. DATE JamesF Jilk Proj( lnager JOHN L. MEEK Since 1954 CONSTRUCTION CO., INC. 1032 West "C Street Wilmington, CA 90744 - (310) 830-6323 FAX: 835-2163 General • Marine • Pile Driving Foundations • Shoring • HazMat (213) 775-7297 License #163997 ' . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LIDO PARK BULKHEAD REPLACEMENT CONTRACT NO. 2889 I. SCOPE OF WORK. . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . 1 IV. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 1 V. PAYMENT . . . . . . . . . . . . . . . . . . . . . 2 VI. TRAFFIC CONTROL PLAN . . . . . . . . . . . . . 2 VII. "NO PARKING, TOW -AWAY" SIGNS . . . . . . . . . . . . 3 VIII. BOAT RELOCATION. . . . . . . . . . . . . . . . . 4 IX. PROTECTION OF PRIVATE PROPERTY AND LIDO PARK . . . . 4 X. WATER . . . . . . . . . . . . . . . . . . . . . . 4 Xi. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . 4 XII. LIDO PARK RESTORATION. . . . . . . . . . . . . . 4 XIII. STORAGE AND WORK AREA . . . . . . . . . . . . . . . . 5 XIV. DREDGING AND FINISH GRADING IN FRONT OF BULKHEAD 5 XV. BACKFILLING AND FINISH GRADING IN BACK OF BULKHEAD . . . . . . . . . . . . . . . . . 5 XVI. COLLATERAL WORK AT PRIVATE BULKHEAD OR WITHIN LIDO PARK . . . . . . . . . . . . . . . . . . 6 I. II. SP 1 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS .._ LIDO PARK BULKHEAD CONTRACT NO. SCOPE OF WORK The work to be done under this contract consists of removing existing bulkheads, planters, walls, walkways, etc. and constructing new items as shown on the plans; regrading in front of and behind the new bulkhead; restoring park site improvements; and performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. H -5135 -Sand P- 5148 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, {1991 Edition); and (4) the Standard Specifications for Public Works Construction, (1991 Edition, including Supplements). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202-7775. CONTRACTOR'S LICENSES At the time of bid opening and until completion of work, the Contractor shall possess a General Engineering Contractor "A" license. At the start of work and until completion, the Contractor shall possess a Business License issued by the City of Newport Beach. TIME OF COMPLETION The Contractor shall complete all onsite work, including cleanup, within 68 consecutive calendar days, but no later than May 28, 1993. IV. LIQUIDATED DAMAGES Commencing on the 69th consecutive calendar day of onsite work or on May 29, 1993, whichever occurs first, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $500.00 SP 2 of 6 liquidated damages rather than the $250 specified in Section 6-9 of the Standard Specifications. The Contractor's inability to obtain materials or labor in a timely manner to complete the specified work within these time limits shall not deter assessment of damages.' The intent of this Section is to emphasize to the Contractor the importance of prosecuting his work in an orderly, preplanned, continuous sequence to minimize the length of time that Lido Park and adjoining boat slips are closed to use, and to minimize the duration of exposure of the public to the Contractor's work. V. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit prices bid for items of work. Partial payments for "Mobilization" shall be made in accordance with Section 10264 of the California Public Contract Code. VI. TRAFFIC CONTROL PLAN The Contractor shall submit traffic control plans to the Engineer which conform with provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH), 1990 Edition. These traffic control plans shall be prepared following the same sequence as the actual construction and shall include the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all boating, pedestrian and vehicular traffic will be handled in a safe and efficient manner with a minimum of inconvenience. 2. A complete and separate plan for each stage of construction proposed by the Contractor showing all items listed under 1. above. 3. Two 12 -foot wide vehicular lanes shall remain open to traffic across the Lido Isle bridge at all times unless otherwise approved by the Engineer. SP 3 of 6 4. Pedestrians may be detoured from Lido Park and from the southerly to the northerly walkway along Via Lido. Detours shall be field approved by the Engineer before construction may begin across the southerly walkway at Via Lido or within Lido Park. Traffic control plans shall be submitted to the Engineer for review and approval a minimum of ten (10) working days prior to commencing work. VII. "NO PARKING, TOW -AWAY" SIGNS If the work necessitates temporary prohibition of on - street parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW - AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644-3740, for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to Sign No. R-38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2 -inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. The Contractor shall only post streets with the time and dates that disrupts parking and access. Errors in posting "NO PARKING, TOW -AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor re -post the "NO PARKING, TOW -AWAY" signs. If the work necessitates closure of on -street parking zones, the Contractor shall bag or cover street sweeping signs in the vicinity of the parking zone closures in a manner approved by the Engineer prior to posting "NO PARKING" signs. Upon removal of the "NO PARKING" signs, all street sweeping signs which the Contractor had covered shall be immediately uncovered. If it becomes necessary, the Contractor shall provided uniformed flagmen with radio communications to slow down and route traffic through the construction area. SP 4 of 6 All costs for provided traffic control and access, including all requirements as detailed in this Section and as required for this construction project, shall be included in the lump sum price bid for "Traffic Control and Access." VIII. BOAT RELOCATION With 30 calendar days prior notice, the Contractor may request the City to inform harbor permittees adjacent to the work site to remove and relocate the existing boat dock and boats. If they are removed, it is imperative that the boats be allowed to return no later than May 1, 1993, since the boat owners' temporary mooring commitments may expire on or before that date. IX. PROTECTION OF PRIVATE PROPERTY AND LIDO PARK Property lines abutting the proposed improvements are indicated on the plans. Prior to construction, the Contractor shall verify the location of existing buildings, structures, planters, plant materials, irrigation service, walkways, lighting, etc. and shall protect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. X. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. XI. CONSTRUCTION SURVEY Field survey for control of construction shall be provided by the Engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally required for such construction. All known property corners are shown on the plans. The Contractor shall make every effort not to disturb the corners; however, it a corner is inadvertently disturbed or must be removed in order to accomplish the work, the Engineer will replace said corner at no expense to the Contractor. XII. LIDO PARK RESTORATION Upon completion of bulkhead work the Contractor shall restore irrigation service, landscape plant materials, turf and hardscape in Lido Park as shown on the plans. The date palm shown in the plans on "Grading Plan" shall be removed, stored and cared for during construction, and XIII. XIV. SP 5 of 6 replaced in its previous location by the Contractor as a component of the park site restoration. Compensation for this work shall be included in the lump sum bid item for "Lido Park Restoration." STORAGE AND WORK AREA The Contractor may fence off and use whatever portion of Lido Park that he deems necessary for his storage and work area; however, it shall be the Contractor's sole responsibility to maintain irrigation service and to protect landscape plant materials, turf, hardscape and lighting in the unused portion of the park. The Contractor shall secure the entire storage and work area with chain link fencing installed to 6 -foot minimum height. Site use and restoration shall conform with provisions of the plans and Section 7-9 of the Standard Specifications, "Protection and Restoration of Existing Improvements." Compensation for this work shall be included in the lump sum bid item for "Mobilization." DREDGING AND FINISH GRADING IN FRONT OF BULKHEAD Dredging and finish grading material must be imported to the site to accomplish the finish sand line contours shown on the plans in "Contour Map." The Contractor may import said material from 1) the beach at Lido Isle Sailing Club across West Lido Channel from the work site, 2) the navigational lane of West Lido Channel, or 3) the Contractor's own source. Dredging and finish grading material shall consist of clean beach sand free of clay size particles and organic material. The Engineer estimates that approximately 150 cubic yards of sand must be imported, placed and finished graded; however, this quantity is only an estimate based upon bottom elevations existing at the time of plan preparation. Accordingly, the Contractor shall be fully responsible for determining by his own field measurement the volume of sand to be imported, placed and finish graded, and shall include all costs to accomplish the finish sand line contours shown on the plans within the lunp sum bid item for "Dredge and Finish Grade in front of Bulkhead." XV. BACKFILLING AND FINISH GRADING IN BACK OF BULKHEAD Backfilling and finish grading material must be imported to the site to accomplish the finish ground line elevations shown in the plans in "Grading Plan." The Contractor may import backfill material from a source of SP 6 of 6 his choice, except that said backfill shall conform with provisions of the plans and Section 300-4 of the Standard Specifications, "Unclassified Fill". The Contractor shall be responsible for determining by his own field measurement the volume of fill to be imported, placed, compacted and finish graded, and shall include all costs to accomplish the finish ground line elevations shown on the plans within the lump sum bid item for "Backfill and Finish Grade in back of Bulkhead." XVI. COLLATERAL WORK AT PRIVATE BULKHEAD OR WITHIN LIDO PARK The Contractor is advised that work will likely be performed simultaneously along the private bulkhead behind the 601 Lido Park Drive Building. The Contractor is also advised that City forces will remove a fan palm from the site during demolition and clearing, and that they may elect to modify irrigation and electrical points of connection concurrent with the Contractor's restoration of Lido Park . Accordingly, the Contractor's proposal shall include costs and considerations to perform work collaterally in the appropriate bid items, and such work shall be performed in accordance with the provisions of Section 7-7 of the Standard Specifications, "Cooperation and Collateral Work." STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA d+ 245 W. BROADWAY, STE. 380 Page 1 of 2 P.O. sox 1450 Date: February 23 1 LONG BEACH, CA 90802-4416 Permit No. 5-92-424 (310) 590.507E COASTAL DEVELOPMENT PERMIT On February 18, 1993 the California Coastal Commission granted to 601 LIDO HOMEOWNERS ASSOC. this permit subject to the attached Standard and Special conditions, for development consisting of Repair of an existing bulkhead. more specifically described in the application file in the Commission offices. The development is within the coastal zone in ---Los-.Angeles County at 601 Lido Park Drive, Newport Beach Issued on behalf of the California Coastal Commission by RECEIViEI?.BY PLANNING DEPARTIVlENT CITY OF NFWPORT BEACH PETER DOUGLAS AIS FEB 2 1993 PN Executive Director _ By. Title: Staff Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date Signature of Permittee COASTAL DEVELOPMENT PERMIT STANDARD CONDITIONS: Page 2 of 2 Dnrmi+ \In c n� w1w �c�m�y nV. J-7L—YLy 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. -All-development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to ins pect..the_site and the project during its development, subject to 24—hour advance`' notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms a,nd conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: None. MV:tn 7786E STATE OF CALIFORNIA—THE RESOURCES AGtNCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1430 LONG BEACH, CA 908024416 (310) 590.5071 riles: 11/4/92 49th Day: 12/23/92 180th Day: 5/3/93► Staff: Staff Report: 2/2/93 Hearing Date: 2/18/93 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NO.: 5-92-424 PETE WILSON,-Go»nar APPLICANT: 601 Lido Homeowners Association AGENT: Schongren & Associates PROJECT LOCATION: 601 Lido Park Drive, Newport Beach, Orange -Count1►F(;FIu p BY PROJECT DESCRIPTION: Repair of an existing bulkhead. PLANNING DEPARTMENT CITY OF NEWPORT .BEACH Lot area: Building coverage: Pavement coverage: Landscape coverage: Parking spaces: Zoning: Plan designation: Project density: Ht abv fin grade: N/A FEB 1.0 1993 N/AN Pill N/A N/A 718A1001041121MA6 N/A N/A Single Family Attached Residential N/A N/A LOCAL APPROVALS RECEIVED: Approval in Concept, Newport Beach Marine Department SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach certified Land Use Plan SUMMARY OF STAFF RECOMMENDATION: Staff recommends the Commission approve the proposed development witK no special conditions. STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 5-92-424 l Page 2 II. Standard Conditions. 1. Notice of Receipt and Acknowledgment. The permit is not valid and develonment shall nn+ i•nin.a..nce .._i_, _ - - -••.. • commence until 1 a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. ComD1Jance. All development must occur in strict compliance with the `proposal as set forth in the application for permit, subject to any ecfal conditions set forth below. Any deviation from the approved plans &s`UA tie reviewed and approved by the staff and ma approval. Y re quire Commission 4. ,Interp.re`tation. Any questions of intent or interpretation of any •conditron will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. 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. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. special Conditions: None. IV. Findings and Declarations The Commission hereby finds and declares: A. Project Description The applicant proposes to repair an existing 78 foot long bulkhead. The proposed repair includes placing new toe pile coping bayward of the bulkhead line. The proposed toe pile coping will be placed adjacent to the existing bulkhead and will encroach two feet bayward of the bulkhead line. The bulkhead provides stabilization at the site. The existing concrete patio is proposed to be replaced. New soil anchors are proposed on the landward side of the bulkhead. 5-92-424 Page 3 The height of the existing bulkhead is elevation 9. The proposed toe pile coping bayward of the bulkhead line, at its highest point will be at elevation 1.75. The existing sand line is at elevation - 4. A ten story condominium complex exists at the site. It is believed the condominium was constructed in approximately 1972. Commission files do not indicate any previous permit at the site, so it is assumed the existing structure pre -dates the Coastal Act. The bulkhead at the site was built in 1959. Portions of the bulkhead were improved with site development in 1972. Parking for the condominium structure is provided in a two level underground garage. The site is located in Newport Harbor, adjacent. to the Lido Island Bridge. All harbor front sites in this area are bulkheaded. Bayward of the bulkheads in this area are private boat docks and ramps, as is thecase at the subject site. No work is proposed for the docks at the subject site. The site is currently experiencing visible structural distress in the form of cracking of the coping, bulkhead panels, walks and other concrete flatwork. Additionally, there is a slight bow in the existing bulkhead. B. Shoreline Protective Structures Regarding shoreline protection devices, Section 30235 of the Coastal Act states Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal -dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible. The Engineer's Study submitted with the application discusses the necessity of the bulkhead: The bulkhead retains and confines local soil upon which portions of the property are supported, and the failure of this bulkhead would result in significant loss of resident soils which, in turn, would cause failure of walks, walls, and a reduction in structural capability of the buildings foundations. Supplemental information submitted by the project engineering consultant further states The building is built just landward from the existing bulkhead: six (6) feet at the northwesterly corner and varies to eleven (11) feet at the southeasterly corner. 5-92-424 Page 4 Since the bulkhead is so close to the structure, its complete removal and replacement would put the building at substantial risk, particularly since the building has a shallow mat foundation which is totally supported by the retained soils. Driving toe pile seaward of the existing wall rr..- I..V.4 -he necessary structural support, and its added depth will prevent any further loss of soils. The Engineer's Study indicates that repair of the existing bulkhead is necessary for theprotectionof the existing structure. The study further finds that repair methods that do not result in the bulkhead exceeding the bulkhead line are not feasible at the site at this time. The proposed project constitutes repair of an existing structure and is not new construction. The channelward encroachment by two feet of the proposed toe pile coping could result in negative cumulative impacts. However, in this case the Commission finds the proposed method of repair is necessary to protect the existing structure at the site. Additional development already exists seaward of the proposed_ encroachment in the form of docks and ramps. No work is currently proposed to the existing docks and ramps. The docks and ramps will not be allowed to be placed any further channelward as a result of the proposed encroachment. Therefore, channel width and navigation will not be negatively impacted. However, when the site is recycled, and new construction occurs at the site, that would provide an appropriate time to evaluate placement of the bulkhead. Therefore, because the proposed project is necessary to protect an existing structure, and alternate methods are not feasible, the Commission finds the proposed project is consistent with Section 30235 of the Coastal Act regarding shoreline protection devices. C. Public Access Section 30211 of the Coastal Act requires that new development not interfere with the public's right of access to the sea. Section 30212 of the Coastal Act requires that new development shall provide public access. Public vertical access exists adjacent to the site at a small public park adjacent to Lido Park bridge and includes a short walkway above the bulkhead. Public lateral access in this area does not exist due to the numerous private boat docks and ramps and the lack of sandy beach area. In Nollan vs. the California Coastal Commission, the U.S. Supreme Court ruled that a beachfront property owner cannot be required to dedicate a lateral public access easement unless a clear nexus is shown between the condition imposed and the direct or cumulative impacts caused by the development. Therefore, a public access dedication can be required pursuant to section 30212 only if it can be shown that the development, either individually or cumulatively, directly impacts physical public access. Because no public access currently exists at the subject site, no clear nexus can be demonstrated. Therefore, the Commission finds the proposed development development consistent with Sections 30211 and 30212 of the Coastal Act regarding public access. 5-92-424 Page 5 D. Local Coastal Program Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was certified on May 19, 1982. The proposed development will not prejudice the City's ability to prepare a Local Coastal Program Implementation Plan for Newport Beach that isconsistentwith the Chapter 3 policies of the Coastal Act As required by section 30604(a). E. California Environmental Quality Act Section 13096(a) of the Commission's administrative regulations requires Commission approval of a Coastal Development Permit application to be supported by a finding showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). The proposed project will not cause significant adverse impacts on the environment. Therefore, the Commission finds that the.project is consistent with the requirements of the Coastal Act to conform to CEQA. 7608E a -r .► 110 4L m arL ILUA V. ffo _ $AKIN ST. eU f 0 W W O N t AOAM'S AVE J AORANGE X00 R' COAST 0 �~ CITY OF collece O• :o • S % ti N Z oN rn-q TAMESA AMC[ CO `%✓ CITY � N --...�---------- •,`�,�� Orr J c ; a o OFi i J IRVINE ' VICTORIA"IVI 111 ST. ' �'• �% A, Oa A E U t •�►� 6 N1wrpNi Ir TM sT. !�► !' 4r O a+ .._• �o CIT U c I • a z y Q Its = s 49 JBEA'� H c / 1 IL J O ` u r `ti SA 1w 0 �� r� �� l ` �Y• to NrAclrl Vol C La •Q I \��Ql � ANA Fs Rb. �0q w\ Q ``\ F ` `� O `•t C07 VICINITY MAP 1/4 0 1/4 1/2 3/4 1 GRAPHIC SCAI1 IN MIIES THOMAS GUIDE D 1992 EDITION PAGE 888 L01Y 04��a 5 -92 424,E CQASTg41jeoq, �llTy � CORS '-S TION EXHIBIT NO. APPLICATION N 5- -2-4 i 6(miLd cit Cailomia Coastal Commission TA 270/641 RICHARD K. SHOGREN Z ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA MQ SMIG20 SCALE: " SHOWN VED by; A— DATE: VICINITY MAP 603 LIDO HOMEOWNERS ASSOCIATION DwAwwG.wr�E� NEWPORT BEACH, CA 92663 M_2 .�..... V . 7!.I v - 5-92-42B , 4'_ —I-/$. BV6Ki/�db/�E NOV 0 4 $r, 2 Uv A CommlI SlWN DIS[RICT 1 -- � �MAA P�� ve 1A). EXHIBIT NO. P-3 APPLICATION NO. vr► Cablomla COaatal Commlaalon 270/641 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 025 -IM WALE: rota A nmovLo my: - nnAwM OF er io ze s2 pcvKro STRINGLINE MAP 601 LIDO HOMEOWNERS ASSOCIATION oAAw..aAn,.,�w NEWRORT BEACH, CA 92663 M -I 4 N Grist BGt,Y,. L9 !i . . ......... "C%P v ecely eD NOV 0 41992 OAS c� 1 94NIA S OVn, l F ISS oh, Asr�/sTR/c kIBIT NO. CTION N alifornia Coeshl CanNssion SECTION V. #7 AW1,0 Q W j•"' � A.'iPlDq�S �' � ' w faEncE�mPi�, Cera.*lf5 � AW taut. rte. rc f e-77 O►W Ar"&VRN! r4ca-#a. 4w \1-lrir� !4/c�ei/F.ID �n �—!1. S CVJ�Ea/EAv GINE _ 5-92-424' l 1 270/641 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714)638. 620 SCALS: � unwvco o.: com" n BT O.7t: 78192 SPT& PLAN 603 LIDO HOMEOWNERS ASSOCIATION °A"` maftu't" NEWPORT BEACH, CA 92663 1 M-3 Grist BGt,Y,. L9 !i . . ......... "C%P v ecely eD NOV 0 41992 OAS c� 1 94NIA S OVn, l F ISS oh, Asr�/sTR/c kIBIT NO. CTION N alifornia Coeshl CanNssion SECTION V. #7 AW1,0 Q W j•"' � A.'iPlDq�S �' � ' w faEncE�mPi�, Cera.*lf5 � AW taut. rte. rc f e-77 O►W Ar"&VRN! r4ca-#a. 4w \1-lrir� !4/c�ei/F.ID �n �—!1. S CVJ�Ea/EAv GINE _ 5-92-424' l 1 270/641 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714)638. 620 SCALS: � unwvco o.: com" n BT O.7t: 78192 SPT& PLAN 603 LIDO HOMEOWNERS ASSOCIATION °A"` maftu't" NEWPORT BEACH, CA 92663 1 M-3 EXHIBIT NO. APPLICATION NO 24 VLI AA Callon" Coftst81 ConwWssW R fir, y � Ali I EXHIBIT NO. APPLICATION NO 24 VLI AA Callon" Coftst81 ConwWssW 1IMP P4 PO DCC 4' Ova X'frf (Gri: f,J i D !(,rvrf;4C70Q lfj MED'{�'�'CNEr'/s1s! / yll `'. :f i ,� %yfLoP� r/6iJ.sY.4l3 �"//Et%S%S<AB_ f I', f. SEE OET.9/L�/ Z 1 ' � �. �•'�� `• �'�LY/E/IN®E�PEX/S7.S'Gl7B ,. _ U -/Q NEW SL,I'HVP SEE DETA/L %3 Nt W TOE RZA" CL�Pia/! TO_C. EL_ t /. 7S- tL. �A 9 fOP DGSN66 t t xiST. go�✓p Link -• e07 Tdrl Of w 1 al7.11cw, B4Q Aa4P1E4 C/!a-QC9 —�Ex/ST/h/, COM--. CNE'E% �/LE NEW S7EEG S we.Fr P/GE BY SvPE�'/O.P/U9A O.P SAIME e114-0/DO A!•n! ATMIlQ f L1,5 - 55D0 Cf. LES. Min( Mede LOAD c,743,440 XHIBIT NO. r,f AVATION NO. CI-lifomh Coa=taf Commusbn RICHARD K. SHOGREN & ASS. ,IATES Consulting Civil Engineers 12755 Brookhurst St. Suite 203 Garden Grove, California 92640 (714) 636-1620 TO CITY OF NEWPORT BEACH 70 Newport Pier Newport Beach, CA WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LIETTIELcl VF UMUSEDUML DATE 1/27/93 JOB NO. 270/641 ATTENTION Tony Melum/Marine Dept. RE: 601 Lido Park Drive, N.B. 1 For approval ❑ "Notice of Application for LOP" ❑ Resubmit the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 For approval ❑ "Notice of Application for LOP" ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution > ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution > ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Tony: Trying to contact Bruce Henderson, Corps of Engineers for the LOP. When I receive a copy, I'll mail you one Thanks, Sam Kniss. COPY PRODUCT 2402 � Inc., Groton, Mass. 01471. mfh SIGNED: If enclosures are not as noted, kindly notal y us at on( TIDE 12 :4=5 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTICE OF APPLICATION FOR LOP Public Notice/Application No. 92 -039 -Bpi Comment Period: October 28, 1992 through November y 1 , 1992 App 1 i cant.ssj 601 Lich Park Homaownc= 601 Lido Park Drive NwwpO,rt Beach, Gal i f ot'ilid 1,ocati,ozi Coil L do t Aa4oc' Richard K. Sha{ren & Associates 12755 Brookhurst Street, Su i t -p 203 926aj Garden Grove, California 92640 Attn : Margaret Young (714) 636-1620 In XQwport Say at 601 Lido hark Drive, Newport Beach, california. Activity Remove and replace damaged portion of existing coping and concrete slab atop existing sheetpile, and add new toe pile and coping seaward of existing sheetpile (see attached drawings). For more information :ane page 3 of this notice. Interested partial arc hereby nwtirled tnat an application has been received for a Department of the Army permit for the activity described herein and shown on the attached drawing(s). Interested parties are invited to provide their views on the proposed work, which will becoma a part of t u record anal will be considered in the 4Iec:isi cin. This permit will be issued or denied under Section 10, River andHarbor Act of 1899 (33 U.S.C. 403). Comments should be mailed to: U.B. Army Corps of Engineers Al 14; CESPL--G4-R-92-439-BIi P-0- Hos 2711. Los A7ng'eles# California 90053-2325 OCT -27-92 TUE 12_4b Evaluation Factors P. O The decision whether to issue a permit will No hasod on an evaluation or Lice probable impact including cumulative impacts 6f the propuued ¢lctivi.ty Oil {rhe public interest. That dOci.siutt wi 1 i reflect, Lhe national canuvt-n for both J)rut:ection and utilization of important resournnn. The benef l L winch reasottdbly may bo Aupectod tcs .4Goz-ud :From the proposal must to balanced against its reasonably fnr¢,ecable dot•riments. All factors whivti may be relevant to the rropoca 1 will be uunn i der ed including the Cumulative affects thexuu , amonq those arp conservation, econoltliv, aesLhetics, general envi rnnmontal c:rsnro� xl;�, watlalla:i, cultural values, fish and wildlife values, flood hazards, flood plain vni lies, land use, navigation, uhufelina era!iivn, and accretion, recreation, water supply and consexvati.on, water quality, energy needs, safety, food production and, in general, the needs and welfare of the p"ople. In addition, if thc» proposal would diac:harge dredged or till material , the evaluation of the activity will inc.11.16e application of the BPA Guidclli1es (40 CFR ?.'ilk) as required by Scction 404 (b) (1) of the CInan Water Act. Preliminary Review of Selccted__Fact.ors E=s Determination- A preliminary determination has been made that an environmental impact statement is not rnrpti.rad for the propop—i-i 1 wur,k. coastal one Management- The applicant must certify that his proposed aotivity nnmplies with and will be vuriduct;Ad in a mAnner thAi- i, cvxjuictc2lt with the aPPrrved, state coastal 7011- Management Program. cultural_Resaurces•- The 1 r,t03t, vers.', catj of the National Regi sLA�• of llistnri ¢: Places hao been cot�sul tPd and i-hir, site io nut. 1 i steal. This rcvi Aw uonsti t,tttess the extent of cu 1 t Ltra! resources investigations by the District Engineer, and he is otherwise: unaware of the preccaic;e of such resources, Endangered, Species_ Preliminary determinations indicate that the proposed activity w.i l .l not. attars{: two eaxadIlgored 5pAr:i�:�:, the Californialeast tern (SLernA antil.larum browni) and the California brown pplican (Pulunantis Oc uidc:"t-alfs aallEornlcus) , yr their critical habitat. Therefore, formal consultation Under Section 7(c) of Lhn Fndangerad Species Act in not recju iruct . Public Reariaa- Any person may request, in writing, within the comment period Sf►ooified in this not -:ice, that a puh t ir. hearinq be held to consider this application. Requests for public: hearinq shall state with Particularity the Y•ed*0113 for 1101 d ing a Ptah l i r hearing. OCT -27-92 TUE la: -47 B,ra osed Activit R. 04 The applicant proposes to install a new steel toe pile and concreto coping seaward of an existing c:oncretp 811(-etp i l A ,bu khand in Newport . Bay at G01 Lido Park Drive. Additional Proieat Information The new toe pile and coping will extend 18 inches and 24 inches, resgectivAly, boyond the eximting Coric:retc sheetpiLQ. The pilcc will be driven by hydraulic ram. Propose$ speoial Con 'tions The applicant shall "Otify the Commander ( 11th Coast Guard Di.ctriot, sol West Or:N,tn Boulevard, Lozig Beach, Cal lfc�t•nia 00002, (310) 9504300, extension X01, at ieast 15 days prior to the start of construction operations. The notification shall include the following information: a. The Location of the work site. b. The size and type of egUipment that.. wtil.l ba umrd to perfv-Lm thn work, c. onsite telephone number for the permittee's project manager. d. The schedule r0r Compl e -t ing the project.. Commenting agencies (California Department of Fish and oama, U.S. Fish and Wildlife service, U.S. Environmental Protection Agency, National. Marina Fisheries, California. coastal Commission, and the U.S. requested to reply by November 11, 1992. The Coast G►Aard) are reviewed for a Letter of Permission (LD?). Agencies proposed orespondi g yby November 11, 1992 will be assumed to have no objeoti on to Issuance of an LOP for tbo proposed project. For additional information please call Bruce Henderson of my staff at (213) 894-0351. This public notic:a is issued by the Chief, 12egulatoLy Branch. 3 OCT -2 r -9? TUE 12 :45 LOS ANGELES DISTRICT C U» $ ARMY CORPS OF ENGINCER5 tACSIMILE TRANSMIT fAL HEADER SHEET REGULATORY BRANCH! P,0- BOX 2' -'Il LOS A1VGELFS, CALIFOnNIA 90053-23?5 (213) 394-56106 FAX: (273) 894-531P TO: �I V" 3w-cv $00 31 :t OFFICE: FAX NUMBER: (714), (0?,4r I A 51" PHONE NUMBER: n rROM: BRUCE HENDERSON REMARKS: �� �� � TU TQC C,C- Pages to f-o/l;:;w STAIJi.�OF CALIFORNIA—THE RESbbRCES AGENCY PETE WILSON, Goramor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 Date: P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590.5071 STATUS LETTER Re: Application/Appeal No. E - q — q rQ-(A The status of this matter is noted below. Your application was filed on �An« ] . LA 1 q The public hearing is tentatively scheduled n J � h, 1h- lam. I q in C -,-,V,- -T) �—e Z> > . This tentative scheduling information is being provided for your convenience and is subject to change. Written notification of final scheduling of the hearing, along with a copy of the staff report, will be mailed approximately 10 days prior to the hearing. IMPORTANT: The enclosed Notice of Pending Permit must be posted on the site, in a conspicuous place, within 3 days of its receipt. This application is incomplete and cannot be filed or processed until the items listed on the attached sheet have been completed and submitted to the District Office. If these items have not been received by the date indicated, the entire package will be returned to you. Please be advised that the items needed to complete your application must be submitted to this office by This file is being returned as the application submitted is deemed incomplete. Ths required substantive documents are missing. Please see the attached sheet. This appeal was received and has been determined to be a valid appeal. You will be notified of the place and date of the public hearing. This appeal was received after the expiration of the appeal period, hence it is not a valid appeal. This appeal was received but has been determined invalid for the following reason: If you have any questions, please contact this office at (310) 590-5071. 0 r --L O -A A Q Staff Analys 10-92/6351E NOTICE OF PENDING PERMIT A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION, PROPOSED DEVELOPMENT: repair of an existing bulkhead LOCATION: 601 Lido Park Drive, Newport Beach, Orange County APPLICANT: 601 Lido Homeowners Assoc. APPLICATION NUMBER: DATE NOTICE POSTED: FOR FURTHER INFORMATION PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN 8 AM AND � PM, WEEKDAYS. CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA OFFICE PO BOX 1450 245 WEST BROADWAY, STE 380 LONG BEACH, CA, 9.0802 (21.3) 590-5071 RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 20 January 1993 Mr. Tony Melum, Deputy Director CITY OF NEWPORT BEACH Marine Department P. 0. Box 1768 Newport Beach, CA 92659-1768 File No: L012093H.641 Re: CALIFORNIA COASTAL COMMISSION PERMIT FOR BULKHEAD REPAIR AT 601 LIDO PARK DRIVE, NEWPORT BEACH Dear Tony: Enclosed please find copies of the "Status Letter" and "Notice of Pending Permit" for the above referenced. Please call me if you have any questions or further comments. Yours very truly, RICHARD K. SHOGREN & ASSOCIATES Sam F. Kniss, P.E. Project Engineer SFK:mfh enc 12755 BROOKHURST ST. • SUITE 203 • GARDEN GROVE, CA 92640 December 14, 1992 CITY COUNCIL AGENDA ITEM NO. 21 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: LIDO PARK BULKHEAD REPLACEMENT (C-2889) RECOMMENDATIONS: 1. Affirm the Categorical Exemption of Environmental Impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on January 12, 1993. DISCUSSION: This contract provides for the replacement of a partially failed bulkhead which supports the southerly edge of Lido Park and extends from the 601 Lido Park Drive condominiums to the southwesterly wing wall of the Lido Isle bridge (see attached Exhibit "A"). Staff and the City's consultant, Richard K. Shogren and Associates, determined that the collapsed bulkhead cannot be salvaged for reuse since it is so severely damaged and aged (built ca. 1944); accordingly, Shogren has prepared detailed plans and specifications for the complete removal of the collapsed bulkhead and replacement with a new bulkhead which is engineered to meet current design standards. The contract includes the removal and reconstruction of Lido Park site improvements adjacent to the collapsed bulkhead to 1) permit reconstruction of the bulkhead, and 2) replace the damaged park site improvements. Two large palm trees must be temporarily relocated during construction, then reinstalled along. with a new retaining wall, backfill, walkway, planter, irrigation system and plant materials. Except for plant materials, the replacement park improvements will match the existing improvements. Plans and specifications for the new plant materials, irrigation system and palm tree relocation have been prepared by Fennell and Associates. The work will also include importing sand to be placed in the adjacent 'boat slip area to buttress the new bulkhead. This imported sand will be graded to approximate sand line contours that were provided in the design of the previous bulkhead, and will decrease water depth in the slips adjacent to the bulkhead as compared to that of recent years. The permittee for the adjacent boat slips, the 601 Lido Park Drive Homeowners Association, has been notified that it will Subject: Lido Park Bulkhead Replacement (C-2889) December 14, 1992 Page 2 be required to temporarily relocate a portion or all of their docks so that the City can reconstruct the bulkhead and regrade sand line contours to the face of the new bulkhead (see attached copy of letter dated November 18, 1992). The Association has also been notified that the cost of said relocation is the responsibility of the Association, and that water depths in their boat slips will be decreased. The bulkhead failure occurred when the 601 Association had hired a contractor to perform dredging work for the slips near the bulkhead. City staff felt that the dredging work could have contributed to the failure. The Association disagreed, contending that the corroded condition of the tieback rods was primarily responsible. Because of the nearly 50 year old age of the bulkhead, and the obvious severe corrosion which existed.in the tieback rods, it is felt that there would be little useful purpose served by attempting to secure compensation from the 601 Association. Shogren's construction estimate totals approximately $250,000, which could easily vary by as much as ±20% because of the specialized nature of the work and the very limited number of harbor construction contractors that are available,to perform the work Approximately $249,000 remains in budget appropriations for the project A categorical exemption has been prepared by Staff and approved by the Environmental Affairs Committee. Upon affirmation, the exemption will be filed with the County Clerk. The contract specifies that all work be completed within 61 calendar days after the commencement of work at the site, or by April 30, 1993, whichever occurs 'first. f Benjamin B. Nolan Public Works Director LD: so Attachments (2) CITY OF NEWPORT •ERC H PUBLIC WORKS DEPRRTMENT LIDO PARK BULKHEAD REPLACEMENT C-2889 TYP. SECTION -0 LIDO ISLE l le -BRIDGE EXHIBIT "All DATE 12/2/92 NO SCALE DRAWN 7W CITY OF NEWPORT BEACH U ? P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 C'9C1 FC)Fl�\P November 18, 1992 Robert Reed Lido Park Drive Homeowner's Association 601 Lido Park Drive Unit 8C Newport Beach, CA 92663 Re: City of Newport Beach repair.at Lido Island Bridge Dear Mr. Reed: In October, 1992 I corresponded with you regarding the fact that the City is going forward with its bulkhead repair at the Lido Island Bridge. Lloyd Dalton of the City Public Works Department has informed me that approval of this project will be requested at the city Council meeting of. December 14, 1992. Bids will be opened January 12, 1993, and we hope the contract will be awarded January 25. It is anticipated that construction could begin about the first of February and the project should take about 60 days from start of construction until finish. I want to again emphasize that the contract will give the contractor the option of doing the construction work either from the land side or from the water side. If water side work is necessary it is quite possible that all portions of the dock at 601 Lido Park Drive will need to be removed. The cost of this removal and the following re -installation will be the responsibility of the Harbor Permittee,' -Lido Park Homeowner's Association. As I pointed out to you in my letter of September 15, 1992, because of the nature of the bulkhead repair, it will be necessary for additional sand to be brought up to the toe of the bulkhead, thereby reducing the available water depths in and around your harbor permit. Please refer to that letter for details. I hope this information will be helpful to you. If I can be of further help please call me at 644-3044. Sincerely, Tony Melum Deputy Director cc: Richard Shogren & Associates Lloyd Dalton 3300 Newport Boulevard, Newport Beach NAME ADDRESS OF PROPOSED FACILITY, PERMIT k 601 LIDO PARK HOA 601 LIDO PARK DRIVE, . B . /'� MAILING ADDRESS C o RKS &A TELEPHONE NO. FEE CHECK NO. DATE 12755 Brookhurst #203 G.G 9 640 636-162 $60. 1149,X 9/3/92 APPROVED BY: DATE APPq;yTI� Y ADE FOR A HARBOR PERMIT TO OCHD ❑ y CUKIYOXT/REVISE AIZ 2X l jjg Ulllk112c1d AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ BY RICHARD K — SHOGREN & ASSOCIATES COMPANY O DATED 8/92 DEPT. ❑ DATE 9/3/92 ESCROW ❑' INSPECTION SIGNATURE SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. —� WX FORM 68-1010 NN► -'001, cn W CONCT A o - W N �-'' CO IV Z �m OWC9 0 A m s+NcG oNimNci+-4 m m v ZILI— � v EA) oo� N CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 October 6, 1992 Robert Reed President Lido Park Drive Homeowner's Association 601 Lido Park Drive Unit 8C Newport Beach, CA 92663 Re: City Bulkhead Repair at Lido Island Bridge Dear Mr. Reed: As I indicated to you in my letter of September 15, 1992, the City is preparing to go forward with plans to repair its bulkhead adjacent to your bulkhead at.the Lido Island bridge and 601 Lido Park Drive. To facilitate these repairs it maybe necessary to remove a portion of the docks and pilings bayward of your buildings. The cost of this removal and the following reinstallation will be the responsibility of the Harbor Permittee, the Lido Park Homeowner's Association. It is anticipated that construction will begin in Januay 1993 and should take no longer than 120 days to be completed. The City of Newport Beach Marine Department has had initial discussions with the Orange County Sheriff's Harbor Patrol regarding the possibility of making offshore moorings available to the boat owners during construction at no expense to them. We will follow this up in the coming weeks. Please contact me at your earliest convenience to discuss the above and to set a meeting, if necessary, between the Homeowner's Association and the City. I can be reached at 644-3044. Sincerely Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 M E M O R A N D U M To: Tony Melum From: Margaret Young l Re: BULKHEAD ELEVATIONS AT 601 LIDO PARK DRIVE' File No: M092892Y.641 Date: 9/28/92 This memorandum confirms our understanding of the telephone conversations that took place Friday, 25 September 1992, regarding the City -approved elevations of the top of the bulkhead at 601 Lido Park Drive in Newport Beach. Approximately 18 ft. of the existing coping and slab atop the existing sheetpile are to be removed and replaced to match existing elevations. The top of the slab/coping at 601 Lido Park Drive currently matches the bulkheads on either side, the northwesterly one (adjacent to the Lido Bridge) belonging to the City and the southeasterly one at 611 Lido Park Drive. From a copy of a survey done by the City and provided to us during our work on the Lido Bridge bulkhead, we have assumed the top of the walls to be at E1. 8..75. A change to the current City minimum of E1. 9.0 would impact all three properties, causing several changes in elevation along the length of the existing bulkheads and adversely affecting current drainage of the developed areas. After your review of this situation with Lloyd Dalton in Public Works, you informed us that is was mutually agreed that the existing elevation is acceptable. cc: L. Dalton - NB -PWD 12755 BROOKHURST ST. • SUITE 203 • GARDEN GROVE, CA 92640 a °` .T CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 qi Fob September 15, 1992 Robert Reed, President Lido Park Drive Homeowner's Association 601 Lido Park Drive, Unit 8C Newport Beach, CA 92663 Re: City bulkhead at right angles to bulkhead adjacent to 601 Lido Park Drive Dear Mr. Reed: The City of Newport Beach Public Works Department has prepared plans to rebuild the City bulkhead adjacent to your property at 601 Lido Park Drive. Essentially the bulkhead repair will consist of replacing the failed bulkhead panels, replacing tie rods and deadmen and then backfilling the property. I have provided for your information a copy of a contour map showing the finished bottom contours necessary to support the rebuilt wall in this location. The reason we are providing you with these contours is to advise you that once the wall is rebuilt the depths in this area will change. Current recent soundings suggest that in the area of the slip closest to the wall you have approximately 4 feet to 6 feet in depth at zero tide. As the attached contours indicate, the depths will go to 1 foot at the portion closest to the wall to 2 feet at the end of the slip closest to the channel. There will be an approximate water depth loss of 3 to 5 feet. This water depth loss will occur across the.face of the property, impacting the side tie adjacent to the wall and also the slip adjacent to that. If you need additional information or wish to discuss the attached exhibit, please call me at 644-3044. Sincerely, Tony Melum Deputy Marine Director tony. lid 3300 Newport Boulevard, Newport Beach RICHARD K. SHOGREN & ASS( ATES Consulting Civil Engineers 12755 Brookhurst. St. Suite 203 Garden Grove, California 92640 (714) 636-1620 TO CITY OF NEWPORT BEACH - MARINE DEPT 70 NEWPORT PIER NEWPORT REACH, CA 92661 L[EU EL`_ (OF DATE 9/3/92 JOB NO. 270/641 ATTENTION TONY MELUM RE: APPLICATION FOR HARBOR MAINTENANCE PERMIT & APPROVAL IN CONCEPT FOR REPAIR OF EXISTING BULKHEAD 601 LIDO PARK DRIVE,.NEWPORT BEACH 1 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order IN SEE BELOW COPIES DATE NO. DESCRIPTION 5 8/92 "APPROVAL IN CONCEPT" SKETCH - 81,2, x 11 1 9/3/92 APPLICATION FOR HARBOR MAINTENANCE PERMIT RKS&A CHECK N0. -7099 - $60.00 -Permit Fee THESE ARE TRANSMITTED as checked below: E. For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ Resubmit_ copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS TONY: PLEASE CALL ME IF YOU HAVE ANY QUESTIONS OR NEED ADDITIONAL INFORMATION, SINCE WE MUST GET CCC APPROVAL ON THIS, PLEASE PROCESS IT ASAP. THANKS, MARGARET YOUNG (714) 636-1620 COPY TO SIGNED: r PRODUCT 240-2n e Inc., Groton, mass. 01471. if enclosures are not as noted, kindly notify us at once. Cl Te- oP- NEwPo,Pr BE.acH �,Po��cT s1 TF NEW Cl: Vile SSL,4B AM 7C11 EX IS 711V4 fB,4 �4 r Zom vac* ,,,-„ EL, U NEW CDS/Nle a so�� C- INEW a t� tiAf -oto /O/ ti I N.�✓IOII *t •� � R � O Iw[QOA /SLw�vp xE�7-/LF i S REIN. E7Z, SF41147 I/ F/ O acc w..t �_ N,T'$• — EGr/ TpE7LcL V I C 1 N I TY SKETCH "'a`r "Tr Nrwooar B.�Y ��rrr , CAL IF'OQN/A yr / So Undn95 ore eXpicssed ,n �ee� and dinofe dopths be/pw /`Karr Lower LOW Wooer. rt?oxr...ci-„ ron9e of fracOpprox/�no�e/y /O �e•ef Horaor /ine5 eaiob/r'shed /n phis . secyiorl o>t'Newporf Bor. Zore 7U ,}l U, 5' Ezzo-/0, L111115 A�PROX I-/M/75 OF MEW COF/MG� Ex/ST, �aP/NC? 1 _ /A/ TDE /��L ,5- 'IC7 CIL Aiv'D �aPi�G 7>'/ ) ' PG A!n/ n/, T, s, L / CA.vT 5 6O/ L/RIO PAE,- /OX5, akIMEIE5 103 •Cor B c,r, -AZ Acr 6G/ Z- /oa IK,E11k, o,e JaB ADDZSSS N�w/�aeT AgEAey1 CfJ, CoA.rwcroe QA TE 8 �Z -' ESTIMATED CONSTRUCTION COSTS LIDO PARK SEAWALL FOR CITY OF NEWPORT BEACH Bid Estimated Unit Item Quantity Item Price Total 1 Lump sum Mobilization $ 6,000. $ 6,000. 2 Lump sum Shoring $22,000. $22,000. 3 Lump sum Demolition $19,000. $19,000. 4 12 each Bulkhead Panels, 23 feet $ 1,953. $23,436. 5 7 each Bulkhead Panels, 27 feet $ 2,293. $16,051. 6 7 each. Bulkhead Panels, 29 feet $ 2462. $17,234. 7 Lump sum End closure $ 4,000. $ 4,000. 8 108 l.f. Coping $ 130. $14,040. 9 10 each Deadmen and Tie -rods $ 1,416. $1.4,160. 10 Lump sum Backfill $17,400. $17,400. 11 108 l.f. Handrail $ 80. $ 8,640. 12 Lump sum Restoration of Park $26,000. $26,000. TOTAL ESTIMATED BID $187,961.00 ,,,gip x RICHARD K. SHOCRhN &r ASSOCIATES Consulting Civil Engineers --OF N'EWPOR`T°' R \ I. we � «'gt � a"�! ,•."� %s .. .. _.__.,... _..-•__ __ --- �'� - as�aw,+wm/ 9�'x, � a.., Ca d$ � y, Sm as �E)� � �'� a ov Iry rda.w.�*�rr�, �.sme; C's¢smsosavoamrm � _ ��y} .� w .A E ` ..- 3C SQUvmq+i.>?s Qo! {pv�A% S below tsCa/ �n Fc c % cxna� casnaai� � ) R t+.f�prp Loa"t mdv ZOW W*oer• �t9crarwrcfrwm ¢�°/r.crSCc.A°.f A10 ,jfi�d�' p-. - -- - CY • t: 7� / L ri ft 7W 1 pp �� x C;'. -- ,' _ ` p s7- °' � � _ . �,�w• •'"may-"-' aM.-r+n .ten' n -�L`G ... .� /di. _ _ 4 �• w. _-.-.. ...:..::.� +� /q_. .. .��. .. ..ws..w ��..ww.. ....._.,+au�,�w�Fs. m'n'� . e t r~ �WOOAA.r r ON � a 0 Z 0 a e p�� '® i _ \!'1 l 1. . -QO a June 13, 1959 Board of Directors 601 Lido Park Drive Neport Beach, CA 92663 Re: Sea wall failure adjacent to your property at 601 Lido Park Drive Dear Sirs: As you are aware it has been some time since the failure of the bulkhead wall adjacent to your property. It has been the City's position that the failure was caused by a contractor in the employ of the 601 Lido Homeowner's Association. To resolve this problem as quickly as possible the City has been willing to assume 50% of the cost to repair the wall to get the repair work done as soon as possible. Our Public Works Department has estimated the cost of repairs to the wall will amount to $130,000. Therefore, the amount owed by your association will be $65,000. This is an estimate and the final costs may come in lower or higher than this. The purpose of this lettyer is to ask for a committment from your association to assume 50% of the cost of repairs. Please let me know as soon as possible the steps you intend to take to participate in the cost of repairs of the bulkhead wall. This work should go forward a quickly as possible. If we are unable to get your cooperation in effecting the repairs it will be necessary for the City to repair the wall and then turn the matter over to the City Attorney's office. If you have questions please call me at 644-3044. Sincerely, Tony Melum, Tidelands Administrator j w -Xl CD m F- U N cn oc 0 w O 4 1 4 w F- W Q N N ' W c.7 Q. N N LLJ i Z W r 3 c.7 z F- 3 Z a { z w Y Q a C] CL W N DC O U J d I C::,W zf U Q W � [0 F - w O a 3 i aJ LL- O V i r U j j w -Xl CD m F- U N cn oc 0 w O 4 1 4 w F- W Q N N ' W c.7 Q. N N LLJ i Z W r 3 c.7 z F- 3 Z a STATTE�E FFARM lam) INSURANCE State Farm Fire and Casualty Company ®tate Farm Insurance Crown Valley Service Center 1— 27882 Forbes Road April 20 1988 Laguna Niguel, California 92677 Phone: (714) 364-4500 Cityof Newport Beach P.0 . Box 1768 Newport Beach, CA 92658-8915 Attention: Mr. David Harshbarger Marine Director Re: Our Claim No.: 55-BO61-603 Our Insured: 601 Lido Homeowners Association Date of Loss: 1/7/87 Dear Mr. Harshbarger: State Farm Fire and Casualty Company has completed its investigation on the above referenced claim. We have been unable to obtain any information which would indicate negligence on the part of our insured for the damages sustained by the City of Newport Beach. Our investigation indicates two factors which contributed to the failure of the sea wall: * increased lateral load on the wall due to rains, * removal of lateral support at the toe of th@ wall due to dredging. As you are aware, t'he dredging was done by Newport Beach Dredging Company who is not an insured under the 601 Lido policy of insurance. For the reasons stated above, we are unable to offer compensa- tion on behalf of our insured. zov HOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001 April 20, 1988 Page 2 City of Newport Beach In accordance with the Statute of Limitations in the State of California as it relates to property damage claims, you have three years from the date of loss or damage in which to effect settlement or seek other means to keep your claim from expiring. Yours very truly, RZZ yyy- Jody Bongiva Claim Representative (714) 364-4572 J B : m s cc: 601 Lido Homeowners Association 601 Lido Newport Beach, California 92663-4453 NORMAN S. NARWITZ LAWRIN S. LEWIN WALTER KLEIN SAMUEL WILNER DONALD J. SANDS LEONARD SIEGEL ROBERT L. KEHR GEORGE D. CROOK WENDY A. GOLDBERG MATTHEW I. BERGER PETER S. FORGIE JACK A. KLAUSCHIE, JR. LAURA J. SNOKE JODI ZUCKER TAKSAR JANE S. PREECE MARK V. ASDOURIAN MICHELLE E. MATTI WILNER, NARWITZ, LEWIN & KLEIN A PROFESSIONAL CORPORATION. ATTORNEYS AT LAW 9601 WILSHIRE BOULEVARD, SUITE 700 BEVERLY HILLS, CALIFORNIA 90210 (213) 272-8631 • 550-4595, December 7, 1987 601 Lido 601 Lido Park Drive Newport Beach, California 92663 Attention: Mr. R. B. Whitehead Re: Alleged damage to seawall at 601 Lido Homeowners Our Client: Newport Dredging Our File: 12656-1 Dear Mr. Whitehead: CABLE "SEALAW" TELEX 664977 ANSWER BACK: "SEALAW BVHL" 'TELECOPIER (213) 273-5097 We are in receipt of your communication to Mr. Sutherland regarding the damage to the seawall referred to in the above caption. When the damage was first reported to us, as counsel for Newport Dredging, we undertook an investigation and no information was developed which shows that there was any fault on the part of Newport Dredging in connection with the failure of the wall. To the contrary, the information developed shows that the failure was the result of corrosion of the tie -rods since the wall was built in 1944. Furthermore, there have been substantial rains prior to this incident and there has been substantial accumulation of water on the earth side of the wall. Under the circumstances, and no specific evidence having been provided which shows any improper action on the part of Newport Dredging, the claim being submitted in your behalf is denied. Should you wish to discuss this matter, please do not hesitate to contact the undersigned. NSN:dw G'� Yours very truly, WILNER, NARWITZ, LEWIN & KLEIN Norman S Narwitz 6011 601 Lido Park Drive Newport Beach, CA 92663 (714) 675-6101 December 9, 1987 City Of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Atten: Mr. David Harshbarger, Marine Director Dear Sir; Attached please find a copy of letter as received from the law firm representing Newport Dredging Co. Reference: Newport Dredging Co. Policy# MHC60104 Seawall @ 601 Lido Homeowners /cerely; R.B.Wh`i:e. ead anager For The Board Of Governors c.c. Ben Nolan,Public Works Director 601 601" Lido, Park Drive Newport Beach, CA 92663 (714) 675-6101 October 27, 1987 Commercial Claims Service 111 Queen Anne Avenue North Seattle, WA 98109 Attention: Mi. Duff Sutherland RE: Newport Dredging Co. vs Seawall C 601 Lido Home- owners City Property: Policy MHC 60104 Dear Sir: Confirming our telephone conversation this date, you are investigating and reviewing your claims file and will advise action taken by your company on the subject matter. I have been in contact with the City of Newport Beach and their Marine Director, Mr. David Harshbarger, and they state they have received no correspondence from your firm on this matter. If you correspond via letter, it would be appreciated if you would send copies to the City of Newport Beach as follows: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attention Mr. David Harshbarger, Marine Director It would be in the best interest of all parties to review information, evaluate the problem, and work towards a solution. Very truly urs, Whitehead, Manager For the Board of Governors \ cc: David Harshbarger, Marine Director Ben Nolan, Public works Director Bill Harris, Newport Dredging. October 22, 1987 LIDO PARKPDMEOWNER' S ASSOC. Buck Whitehead 601 Lido Park Dr. Newport Beach, CA 92663 RE: Newport Dredging Co. Policy No.: NHC 60104 Claim No. Wi gwall/Bulkhead Damage D/L: 1/5/87 Dear Mr. Whitehead, Per your telepnone conversation today with: our office, this is to advise you that Pacific Marine Ins. Co. has retained: COMMERCIAL CLAIM'S SERVICE 111 Queen Arnie Ave North Seattle, WA_ 98109 Duff Sutherland (206) 282-3116 to handle the claim. Tha<,k you, it Lisa Untalan LU:as cc: Bill Harris, Newport Dredging Co. Pacific Marine Ins. Co. Comm'1 Claims Service, ATiN: Duff Sutherland 50 California Street • San Francisco, CA 94111 • (415) 421-9260 CITY OF ,PORT BEACH - PUBLIC WORKS QEPA,-iENT ESTIMATING FORM IT 144.r t, tar HUDSON ENTERPRISES EXECUTIVE OFFICES 601 LIDO PARK DR., SUITE 3C POST OFFICE BOX 2714 NEWPORT BEACH, CALIFORNIA 92663 TELEPHONE (714) 675-2402 DAVID A. KLEIN PRESIDENT July 29, 1987 Mr. David Harshbarger, Marine Director City JQf _-:NewPort;,Bea�h P.O. Box 1768 Newport. Beach, Ca. 92658-6915 Dear Mr. Harshbarger: This letter is being written, pursuant to our telephone conversation of yesterday concerning the damage to the sea walladjacent to the Lido Island: Bridge. I am writing, not only as a condominium owner of the "601 Building", but as a resident of Newport Beach as well. As setforth in your letter dated January 15th addressed to the "601 Building", a dredging permit wgs issued to the Newport Dredging Company on Nevember 13, 1986. This work was commenced `around .January lst and was completed. on or around. January 6th. As I understand it, it is the position of the City of Newport Beach that the damage to the bulkhead was the result of more material being removed than was permitted. However, in speaking to Mr. Bill Harris of the Newport Dredging Company, it is his position that the dredging was done inconformity with the permit. He further states that the city corroborates.this contention! In addition, I have been told by the investigators for the insurance company representing Newport Dredging Company that the tie rods holding the bulkhead in place had separated from the sea wall and were the direct cause of the bulkhead giving way. This was further aggravated by the heavy rainfall that occured preceeding the event. Irrespective of who is ultimately responsible, the bulk- head is property belonging to the City of Newport Beach. Accordingly, the primary responsibility for the repair and/or replacement of the bulkhead rests with you. This damaged sea wall represents a serious and present dangerto life and property and the failure of the city to act in a prompt and responsible manner is, in my.view, FOUNDED IN 1907 -Page 2 - David Harshba. �r a very serious breach of of your obligation and could conceivably expose the city to unnecessary liabilty in the event of damage to property and/or injury to someone as a result of the sea wall giving way. I am enclosing some pictures that were recently taken of this area. In addition, as a resident of the "601 Building" we overlook the bulkhead and it is an "eyesore" and we must insist that it be repaired promptly. I would appreciate an immediate response indicating your intention in this matter. Sincerely yours, DAK/gs David A. KLein encl. c.c.Ben Nolan Bill Harris POST ' CITY OF NEWPORT BEACH V = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 3, 1987 Mr. David A. Klein 601 Lido .Park Drive, Suite 3-C P.O. Box 2714 Newport Beach, CA 92663 . Dear Mr. Klein: On April 13, 1987 the City of Newport Beach. staff, including myself and the Public Works Director Ben Nolan, met with Mr. George Hoag and another gentleman of your.homeowner's association to discuss the bulk- head failure adjacent to 601 Lido Park Drive. The City Council Harbor Permit Policies, Section 4.F. state in part: "The permittee is responsible and liable for all property damage which may arise out of work herein'premitted....". The Harbor Permit for the slips issued on August 21, 1972 by the City Council, required.as a condition of -the permit, that "no dredging be permitted within 20 feet of the bulkhead.bordering the adjoining City park property..". Subsequent to the bulkhead failure, the City took soundings next .to the bulkhead. These soundings indicated that more material was removed from the toe of the bulkhead, and closer to the bulkhead than was permitted. It is the City's position that this over -dredging resulted in the failure of the bulkhead. . This information was discussed with Mr.George Hoag, representing the homeowner's association, and he indicated that he would.discuss this information with your Board of Directors and contact Trautwein Brothers or another.'mari,ne contracting/engineering firm to.discuss alternate methods and costs of repair. In that we have not heard back from the homeowner's association, I will contact Mr. Hoag or the association directly and ascertain what thet current status or repair plans might be. Sincerely, David Harshbarger Marine Director cc: Ben Nolan, Public Works Director 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH Marine Department April 13, 1987 TO: FILE FROM: I Marine Director SUBJECT: MEETING WITH 601 LIDO PARK ASSOCIATION, BEN NOLAN, AND MYSELF The following information was relayed to the 601 Association: 1. The Harbor Permit Policies, Section 4.F. states in part: "The permittee is responsible and liable for all property damage which may arise out of work herein permitted". 2. The Harbor Permit for the slips issued on, August 21, 1972 by • the City Council required, as a condition of the permit, that "No dredging be permitted within 20 feet of the bulkhead bordering the adjoining City park property.". 3. This condition was known by Newport Dredging when they, dredged a maintenance dredging project, per.mi't issued and dated January 23, 1976. 4. Mr. George Hoag,.of the association, indicated they would discuss this information with their board of directors and contact Trautwein Brothers or another marine contracting/engineering firm to discuss alternate methods and.costs of repair. With this information they indicated they would approach Newport Dredging Company. David Harshbarger CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 15, 1987 11601 ' Lido" 601 Liuo, Park Drive Newport beach, CA 92663 Dear President, Homeowner's Association: The City q§ Newport Beach Marine Department approved.a'Maintenance Dredging Permit #124''3102,on November 13, 1986 for the "601 Lido" Homeowner's Association. A copy of the permit is attached. Mr. Bill Harris of Newport Dredging Company,'acting as agent.for your association, signed the permit. The dredging work, to the best of our knowledge, commenced on January. 5th or 6th of this year. On January 7th a bulkhead failure immediately adjacent to the dredged area was reported to the City. Subsequently, soundings were taken next to the bulkhead'. They °indicated that more material was removed from thetoe of the bulkhead than.was°permitted. This overdredging resulted in the failure of the bulkhead. The dredging contractor has been in.contact.with the City's Public Works Department engineering staff for the-purpose�of evaluating the damage and the best methods and alternatives for repair. In the near future a representative of the City's Public Works and, Marine bepartment would1'ike to meet with you, and the contractor. to discuss in rnore de.tail your underlying responsibility for repairing the damaged bulkhead and, the best repair design _to_meet your_.v_essel __.-_.__ berthing needs. Sincerely, David Harshbarger, Marine Director H, 1*1 I -M cc: ben Nolan, Public Works Director _ 97r--12!1 Bill Harris, Newport Dredging Co. �. 4 3300 Newport Boulevard, Newport Beach Cl r Y aw Armoagr 6,e,4cH -5 17-e r � h �n•ss• y � � I I E +•?r 4 wewKl ewcieA t T Ilei w�M 0VAL VICINITY .SKETCH «•AW arr ++ NIF ar 6AY, Mu ssoaNtIA .1srrr .S'O&A'701A099s are axoressed in f.er and o(inoofe eP!!rs b Jaw "con lower Cow Woftr. M&ZAW--A" �ro� F idc Praxin+a%/y /O 444.. Hcwbor /.i/es �h Ne 60� 1 y �o e � s/�e ,ms a , secfiorr of w•po.f �h �! I•E D �� d� , �9 RriTl n 7.5" Ii . b �U� A G C' c 9 g S e -� PtrfG i c Do 3 D Xc ii L / CAAa1T 5 -16/ a�Ao /a rAt /7Dr�1rG�++�✓�rS i1 o T Se-W, S27 T�tAcr %P3 7- Jae Ageesss O a/ iv Ca reAcro�s �e �•� OA OATE O'NEWFORT IWEACM HARBOR PERN.1-41T RERM-S-2-530W tr'S HMPEDY COM STMUCT ;U&l HEREO' AT 7pc SUF TO TL,4:..' THE cl,,lWTY AIN N r an,vl'�! .,., ..„ "D`d Z7 -3 SPECIAL COND17M IS: COMS Of Engineers Permit Orenge Courdy Peirmit Other c- 1 -2 - PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO SEA PLACED ON BEACH ---2,n Z_ &ur- PER.._.. _ NO. �f D DREDGING APPLICATION Project Location: 601 Lido Park Drive Cubic Yards to be Dredged: 207 Method of Dredging Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of D^red�ged,'Material: Place ':inaterial `.on adjacelA,beach.. Method of Material Disposition: ,:Pump through discharge pipe to dis2osal .fill area Turbidity Control Method: Filter screen around d.ischarae site, if needed. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead. I WM, L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and narks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will .not occur because of any altering of existing use of the.affected zone. 6Q1 L4do Homeowners ss Newport Dredging Co. (,Applicant -type name Contractor -type name) a 10/18/86 Signed: (Date) ontractor s Representative a h r ® � '�; CISTN"r OF NEWPORT BEACH February 20, 1980 Tower Community Association 3121 W. Coast Highway Newport Beach, CA 92663 Dear Sirs: On August 7,1979, the Newport Beach City Council approved the application number 127-3017 by Harrison Sea Ray Boats to rebuild their boat docks at 3107 West Coast Highway. When this facility is . rebuilt (see attached drawing) it will limit the. access to the slips on the easterly side of your permit zone. In order to maximize the use of the available water area in front of your property, a revision of the harbor permit would be necessary, and the revision must comply with the Newport Beach Harbor Permit Policies. If you have questions in this regard, please contact me at 640-2156. Sincerely, d Tony Melum Tidelands Administrator TM: raw Attachment City Hall a 3300 Newport Boulevard, Newport Beach, California 92663 July 11, 1979 Mr. William Cote 180 Newport Center Drive Newport Beach, CA 92660 CITY OF NEWPORT BEAC11-17 Re: 601 Lido Pier Administration Fee Dear Mr. Cote; You will recall that on July 5, 1979, a meeting was held between three board members of the "601 Lido Association", and Tony Melum and myself of the City staff. The purpose of that meeting was to discuss the reasons for the City's determination that your Association should be assessed the City's recently revised Commercial Pier Administration Fee. At the conclusion of that meeting, you requested, based on in- formation provided by your Association, the City to review its position. Subsequently, this matter was discussed with the City, Manager and the State Lands Commission staff. Based on your statements that the use of the marina is restricted to condominium owners, and a separate fee is not charged for the use of the facility, it has been determined that the City.staff can make the finding that your facility is residential in use. Therefore, the revised commerical rate will not be assessed to your Association, and the previous rate willcontinue to be assessed to your Association. Should the conditions regarding the use of your facility change, the City will again reevaluate its position. If you have any questions, please contact me at 640-2156. Sincerely, 44 ZY4& len E. Welden Tidelands Administrator GEW:mw City Hall . 3800 Newport Boulevard, Newport Beach,; California 92663 ti 601 Lido Park Drive Newport Beach, Ca 92660 (714) 675-6101 June 28, 1979 Mr. David Harshberger Marine Director City Hall 3300 West Newport Blvd. Newport Beach, Cal. 92663 Dear Sir; The boat dock area at 601 Lido Park Drive is not a commercial pier. It is owned and used by Homeowners of the 601 Lido Homeowners Association. It is part fxf the tax base paid by each condominium owner and was part of purchase deed of each. No part of the docks are available or offered to out- siders. I called Mr. Weldon who referred me to you for cony sideration of our protest. We question also the calculation of area which is less than half of those supplied. The Association requests reconsideration of this "pier fee" levie ag nst us. Glenn Rickard, Treasurer 601 Lido Homeowners Association 601 Lido Park Drive Newport Beach, Cal. 92663 �. IS7g' NE„���r��BEACH .I C/ TY NEij'F�O�Pr 8e, 4CN ®F p ,. T o. ti u�•�1' s c 0 AD 0 ILA AD��...1 9 Y s wvaKsO'T C. • - 7OT \. c'•std ru 1( .� 3 : ,v1 VICINITY JkETC'H WLVICINITY ar Jjrrr Sc a3e : I `:r ^i/WIOA► �C iLr w A Y AL oioaNlA i Sound�n s ors sw r ssed � fish on dwno/e �t P C U Ds-dq'n deRIOAS Mco17 LOWer Low Wo¢tr. be/ow ron9e of !.'4e Op�/GA/•770�I/y' /O rte" • Norbo✓ 4,7e5' qre eafob/"'Sh,Qd ir', 71hrg secA'orr ofNe+aIao.f Sod: 33 19 O,vy App of ..,1.,r? i -7— 65 Q inID'S. •``�^ . `J F; Scai t 10/no n r O B L �2• Gp Gcy; DO.edsS • iii 0 PQ Y h. �v a 1'e Co*144Ac-ral* f �t , k r^ _.— CITY OF NEIL PO" 'ACH HARBOR PERMIT PERMISSION iS c,12r,.Esy TO Cor UCT ANO MAINTAIN THE FA0;2LlTY 51", 7k,U 0THE 'REVER- HEREOF, Z, AT THE SaTLO UQDWAT"',"MI ,°,Sz4ivs al. AND THE 4d15 Bolz ANY I'S NOT Till ot, AND FWAV COUNCaL V 7 1 CODE. IN ACCO'RDAN-C�Z VTOTH Tt-1 I Y HARBO OR PIERMIT NO DATE ol 7Lrgh�c-,,ea-9 Forrait OTEnge county pemi. it G - I e,,- � 1,1,2 - thera, MARINE DEPARTMENT January 12, 1976 ITEM NO H-12 TO: MAYOR AND, CITY COUNCIL FROM: Marine Department SUBJECT HARBOR PERMIT APPLICATION #124-601 BY 601 LIDO HOMEOWNERS ASSOCIATION TO MAINTENANCE DREDGE Recommendation If desired, approve the permit application subject to the approval of the U. S. Army Corps of Engineers.. Discussion This application is for maintenance dredging of 237 cubic yardsfrom beneath slips at 601 Lido Park .Drive The blanket maintenance dredging permit obtained by the City from the Corps of Engineers placed 1) an`annual maximum of the amount of yardage that could be removed from specified zones and 2) limited maintenance dredging to ± l00 cubic yards bayward of a single parcel. Because this project exceeds the 100 cubic yardparcellimit, a separate permit from the Corps of Engineers is required. City Council approval is required prior to submittal of the application to the Corps of Engineers. There is no anticipated adverse affect on contiguous bulkheads. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material to the Environmental Protection Agency's designated disposal site, four miles at sea. r�-W� D. Harshbarger, Acting Director Marine Department DH:GEW:lf STATUS SHEET HARBOR PERMITS LOCATION 6" Z e4 L2 New Revision Dredgingel— L--.--, Date Rec'v //)- /(,".._7-S Fee Amt. ..: Fee Processed Date Reviewed by M.S.D. Approved. Denied Correction Reg'd. Desc. City. Council: Approved- Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.I.C. 1. Application 2. Consent Letter f1 3. "Waste" Letter 4. Drawings 1/ - 5 Staff Report 6. 7.; 8. REMARKS N � d 4 mss, �.%),r�r�/'I �I �'�, i{ r � C"`! S',.. ' A.''� .. � 'ti+' f..G�J�'c.'-7 C.aP.M-G`"�4•.,`i( P I'', YC,:Y �✓ Lt„TM�C °,. r' y.»..+ �/ +.t r } Ls ', C °, (, '�f � PERMIT NO. J—'.iy DREDGING APPLICATION Project. Location: 601 Lido Park Drive Cubic Yards to be Dredged: 237 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33°3.'42"N, Longitude 117°54148"W. Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None I, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. 601 Lido Homeowners. Assn. Applicant -type name December 15, 1975 (Date) Shellmaker, Inc Contractor -type name) Signed: 3, . L Contractor's Representative U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No. Dear Sir: I hereby request a U. S. Corps of Engineers' Permit for the construction and installation of ac�eDredging and appurtenances thereto, to be locate in ewport Bay, baywara of Lot No. 1 , Block No. 529 Tract 7838 Newport Beach, Ca i ornia. I am tie owner of the aforementioned property, and I have made application for a Harbor permit to the City of Newport Beach. The adjoining property owners are: Lot _, dock Lot 2 Block 529 Tract Tract 7838 City Property Respectfully submitted, Date 12/15/75 Enc. Plans dated Mar era 3 Sepia 601 Lido Homeowners Assn. 7 copies 601 Lido Park Drive Newport Beach, CA 92660 CITY OF NEWPORT BEACH APPROVAL The Harbor and Tidelands Administrator of the City of Newport Beach has reviewed Harbor Permit application by and subject to the approval of the U. S. Corps o Engineers, will .issue Harbor Permit No. Date cc: D. Harshbarger, Captain Marine Safetv Department Santa Ana River Basin Regional,Water Quality Control Board 6848 Magnolia Avenue Riverside, California 92506 Subject: Newport Harbor Permit Application No., Dear Sir: I have applied to the City of Newport Beach and the,U. S.,Corps of Engineers for permission to Maintenance Dredging in Newport, Harbor-. The proposed project involves dredging as follows, (Note: Attach extra pages if required for full explanation): Cubic Yards to.be dredged 237 Method..of dredging Hydraulic Suction Nature of dredged material Sand/Silt Disposition of.dredged material Haul to sea and dump at Latitude 33°31142" Longitude 117°54'48"W. Method of controlling turbidity Material to be contained i dump barge at dredge site. It is requested that the dredging, as specified above, be approved.. Respectfully submitted, Date 12/15/75 Sig ure Martin Wandera Encl. (1) Drawing (2),Detailed Explanation 601 Lido Homeowners Assn. (Typed Name and Ad.ress 601 Lido Park Drive Newport Beach, CA 92660 CITY.OF NEWPORT BEACH The Harbor and Tidelands,Administrator of the City of Newport Beach has reviewed the Harbor Permit Application by and, subject to the approval of EHe—, U. S.,Corps of Engineers, will issue Harbor Permit.No. Date cc: G. M. DAWES Harbor & Tidelands Administrator ✓ rro t14 ": MARINE SAFETY DEPART° VENT 74 Newport Pier November 3p 1972 U S, Army# Corgis of Engineer Los Angeles District P. 0, Sox 2711 Los Angelesm California 90053 Attention: R, P., Young Construction -- Operations Division Dear �-2r. Young: Please find enclosed a corrected: Harbor Penai.t drawing fear ryeman ,y T`rautenoter. The City Council approved th—Ls applica-tion SepteF.--`3E.r 110 sub ect to tabe approval of the. Carps of Engineers Unfortunately, I did not catch the initial tial drawing discrepancies. If You have any questions, please contact n. Sincerely, Dr Harshbarger Captain Marine Safety Department DH, :1 Enclosure MARINE DEPARTMENT TO: FILE # 124-3102 FROM: Tidelands Administrator SUBJECT: PIER ADMINISTRATION FEE At 8:30 a.m., this date, Tony and I met with Bill Cote; Mrs. Kohler, and one other member of the 60,1. Lido Park Drive Condo. Association regarding the increased Pier Administration fee due July 1, 1979, and assessed to all commercial 'marinas in Newport Harbor. The "601 Association" contends that they should not be assessed the fee since they are a non-profit organization, they do not permit the use of their marina by anyone other than condo owners, a separate fee is not charged for the use of the marina to those condo owners occupying the marina and the ordinance does not list condo- miniums in the commercial definitions. The history of this fee was explained to the persons present, and the rational used in determining that their facility is commercial. This rational being the Ordinance and its definitions, revenue received from marina occupants, the waiting list established as in a commercial marina, the separate fee charged for use of the marina. The Condo representative requested a review of their status as to whether or not they should be considered "commercial".. I advised them that I would have to confer with the City Attorney and the City Manager to ascertain if staff could make this determination, or if the City Council must make the determination. Comments As I understand the Ordinance, the procedure for making such a determination is not clear. Therefore, since staff made the original determinations as to who was commercial, I assume staff could also determine whether or not a condominium was commercial. Glen E. Welden Tidelands Administrator Marine Department GEW:mw ZS =- o,4V A;wA- 41/ ve 4C 0% 70f i 0 NPOR T 3 rA CH KA rA A '"v r .. p 0 /�7� �. -. � � 'pQI \•. tit lJ i 1 y u i 1 j '�^"'.'-`-'""r-r-...r �, r,•.�-7 ..,....ry-r'r.,rr.-���•r.r, � � � � � � - 'i ���' r"5 .,- � G� aro• '-___��r=-- IP'.i.a 6o� 1 y�`""_'"� 1 � S I�( I v V ICI lkJ TY S;<ET . r'i 1 ; 't�rrrr 7C Ai6waoF7r 2,A, CAC Si o td!/n J / -C/-?iaw F' / .3<: So✓n�7nc�s in =ce/ C»u' �anO>e , e pr,;ai� L•5 ed A10 I�Iti} Dr /t '` deving bt/ow e-or1 Lon cc Lo.✓ :.!r�lC•r, linr .,xirn �. ron9e+ of �i"ac app,vxrinpfaly /v f�e-f Noiho. /•nom -s Qre cs/O6/�Sh�d rn �hr5 BeCf.on of,ti+C.✓�crr 4>07'. 4 �} P If ��.` i \ i r 1 I '�,f ` { •il I ��1' tq ,/�/'� 1. f r -TJ. �, c_ �y. h. -._.- 1 1 A I{ _ 1 Y . „ If/'� � 1 � •mak - p ,1 71 PL > : i r. � .. Y - _ _ , ,�- ,� ,,� Y- ; ✓ �� Vii„ �• � � 9 M _7 10 7v 'V OF NEW, PPORT SkI.CH •7,%p'ti `w "�� `: i' y '� id no EAe w iENi.Ua+:i20M sS 'ra c ;.. : ; L ae a 'i> TO (c2 :• �5,� F AND " iNE AT THE SiTiZ SUSA&V ,:,9 ... ...0.4'Un pZ i..dfA . n..;MS.. EW .,1'Y Nj..1 01 '1 ,`r H AN � IS NOT THL AND 7 H,:Z4. N ACCORDANCE WMA'�//� a Vic.. ,�5�i�=. �, r p k ,h r.., m*.ni ..�.Y �:'1U �� 'a� �. � u,D%gray 0 DATA +x.J , rK,." k � 4nu � U � iY W 6f k •rJa w �f�" M �. /!^� , �3, 7-3 ,�i^rCi� yk+,a 4o'u Lel a..�, :'a E+,., ryas �"'er it �- - a c 4 "zo cauuw t-,,%r.p1s�w� 4rdt• 4.�. W.W4.n frA3 �L 1w r; '. Other. ateq Oh er. 1TKA applicant ao cbkwoo approval Of he :6 Chips 04 «yyjeIr. 1. The slip* axdd . r'F�f4an u p waba", raA e r7j a fox th'L''..'t '. qn*;'J` syn 4he tii g �,F dr' m--?M w water s?!" rvi on W a.ayetrt a l se"m:" 'i oe 0" the ^r I ip s, be o • ]r, r nr +l m Wrf '' a n ,q p, t,p„n tho. community ! rPe `k W., ynr "1 by t .ry 9y, tz:�,^�a�A'w�+.w�,:�;5;�� ��'wx*�v.� �:�"�'4'��1;���3s�, ?L'��� .�,.'�5v:��,.?3..t ��;. �.�ak;,� Wo k ti,.�, ,q^".i v, Not � $G, �i n ii ;� • .w � 8. "`� ..t, ,,•'� o...�•�:��:� .�,�'�,�'�;" >�"?� �»..d�� s�t��..�.�,.k«a'.: COTr RrALTT 6 In1l1:STHL, ConrAnT William F. Cote 180 Newport Center Drive Newport Beach, California 92660 (714) 640-5777 MARINE DEPARTMENT TO: FILE # 124-3102 FROM: Tidelands Administrator SUBJECT: PIER ADMINISTRATION FEE 7-5--79 At 8:30 a.m., this date, Tony and I met with Bill Cote, Mrs. Kohler, and one other member of the 601:: Lido Park Drive Condo. Association regarding the increased Pier Administration fee due July 1, 1979, and assessed to all commercial marinas in Newport Harbor. The "601 Association" contends that they should not be assessed the fee since they are a non-profit organization, they do not permit the use of their marina by anyone other than condo owners, a separate fee is not charged for the use of the marina to those condo owners occupying the marina and the ordinance does not list condo- miniums in the commercial definitions. The history of this fee was explained to the persons present, and the rational used in determining that their facility is commercial. This rational being the Ordinance and its definitions, revenue received from marina occupants, the waiting list established as in a commercial marina, the separate fee charged for use of the marina. The Condo representative requested a review of their status as to whether or not they should be considered commercial I advised them that I would have to confer with the City Attorney and the City Manager to ascertain if staff could make this determination, or if the City Council must make the determination. Comments As I understand the Ordinance, the procedure for making such a determination is not clear. Therefore, since staff made the original determinations as to who was commercial, I assume staff could also determine whether or not a condominium was commercial. Glen E. Welden Tidelands Administrator Marine. Department GEW:mw CITY OF NEWPORT BEACH HARBOR P EM 1Y W IT 4 a� PERMISSION is INW ;t;rY AND TICE' ANY IS NOT 04 ACCORDANCE VMN -M-LE --7 i " vis COD/i. �ol7�D� PERMIT NO. DATE otfher: The Aivlioaut rooeiveo vproval, Of, the who0. corps of s slip and, s d.,tio VOSA41 mpaoosave ror for 'tu • , water servift and 01,0*triosl sery Loa ou the OAPs' be . &041- � �porvndt obtoin*l frm t , �, amity ; val .'m + `ote " my tow, and opprovad by, tho rte Dopa` nth So 140, M b pormitted within y' foot of the bnUho4d, bor4orib,% the a4joinial city paek propox"ty.' SPECIAL CON61TIONSs Corps of Frghrer": permit le The applicant cel` approval of the u,6. Corps of g a o 2* The slip aAd side -tie vessel spaspa4as are rad rv*4 for the exclusive use of the coadminium owners. 3m The dovetc water service aud electrical l service on the slips be 'installed mer a permit~ obtAined from W10 co=uaity Development Department, 4* A fire protactAou system be installed and approved` by the Fire Se So dredging Jbe permitte4 wJtAJu twenty feet of the bulkhe&d bordering the adjoining city park property. State of California - Resources Agency Ronald Reagan_Gov CALIFOPSJIA REGIOdAL WATER QUl-.LITY CONTROL BOARD - Santa Ana Region 684.8 Magnolia Avenue, Suite L., Riverside, California 92506 Telephone (714)684-9330 MY 111 1972 arsago County wast District Orange G ty`10", Ctmtr.61 bl tr;1 t 090 coin, wator Pollutfto Deja t orange county t' 1 h *Vottment Orem County bot Watriet, Cit of N+t .h *City of !"ningtn Rear Subject: Transmittal of Actions Taken at Regional Board Meeting Attached for your records are copies of actions taken at the most recent meeting of the California Regional Water Quality. Control Board, Santa Ana Region. Discharger or Subject Action Trautveln 'grog Or, 72 18 *80ut'l-'em, Calffernis ZdImmCompal" 72-47 RICHARD A. BUEERMANN Executive Officer Attachments I 74 2410 N Boulevard T R A U T E 1 N BROTHERS FLOATS A Nrvvport Beach, Calif. 92660PIERS DRIVING ,F1tC: GENERAL ENGINEERING CONTRACTORS PboM (714) 673-1960 May 3, 1972 1' I Mr. Richard Bueerman State Water Quality Control Board 6848 Magnolia Ave. Riverside, California 92506 Dear Mr. Bueerman: - To bring you up to .date on what we have done towards eliminating the possible violations, we have taken out all of the old discharge lines and put ,in one new ds - charge line, extended it out to the pierhead line,' installed a long rubber hose on the end which is placed in a fashion that the water discharges upwards so it cannot cause any disturbance of the bottom and the discharge line, now being at the pierhead`line-out of the area where we have been pumping for -the past six months. By putting in the new line we have eliminated practically all of the odor and eliminated any stirring up of the old 'sulfides that may have been deposited :on the bottom, ' which I`feel will probably help the discoloration but we will always have some natural discoloration in the ' corners of the harbor. We are also pumping salt water into the discharge line which, naturally, helps dilute the sulfides at the end of the discharge. fi We have installed another injector so we can inject more chlorine when we need it at low tides. The waterproofing on the building is completed to an elevation of 715 and the backfilling is now in process. We will be running one pump at high tides yonly in the next few days. This procedure will continue for approximately six weeks until the building has enough weight to eliminate any possibility of floating. The Orange County Health Department has taken.tests'in- my presence at 10:00 A.M. this morning and found us to be meeting all requirements. They will send a written F report to you and to me. y p+a a � Mr. Richard Bueerman May 3, 1972 -2- r'• John Zasadzinaki was on the site with me from 11:00 to 12:00 t' o'clock today, taking tests, and found us meeting the requirements and stated he would send u$ a written report. ' mti , - Yours very truly, QRS' s" TRAUTWE IN B 1 PauY Traiitwein, PTsms I cc. David Anderson John Bentley Kenneth Sampson, Orange County Harbor Dept.' P George Dawes, harbor Coordinator Oranqe County Stealth Department Walter Mellott Cliff Everman Fish & Game Departipent ;a '1 3 1 3 r i r� t California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No.. 72-17 for Southern California Edison Company, Huntington Beach Monitoring 1. Weekly monitoring reports shall be submitted to this board by Southern California Edison Company for the preceding 7 -day period. 2. In reporting the monitoring data, the discharger shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily. discernible. The following shall be included in the monitoring report: a. A "grab" sariple shall be collected each day and analyzed. for the following constituent' -s: Total Sulfides Chlorine Residual* b, Once per week, and when a discharge is occurring, a representative sample of flood control channel waters within SO feet of the discharge point shall be taken and analyzed for dissolved oxygen. C. The total quantity of waste discharged to the flood. control channel for the reporting period shall be reported. d. The above reports shall be signed by a responsible officer of the Southern California Edison Company and shall be submitted under penalty of perjury. 3. All analyses shall be performed in a laboratory currently certified to perform such analyses by the State Department of Public health or a laboratory approved by the Executive. Officer. All sampling and sample preservation shall be coordinated with the analytical laboratory. *Chlorine residual analyses will be required only if t'rie. discharge is chlorinated. Ordered by RICHARD A. BUEERMAPIT Executive Officer A-Pril 27, 1972 California Regional Water Quality Control Board Santa Ana Region ORDER NO. 72-17 Waste Discharge Requirements for Southern California Edison Company, Huntington Beach The California Regional Water Quality Control Board, Santa Ana Region, finds that: 1. Southern California Edison Company submitted a report on wa6te discharge dated January 28, 19720 2 Southern California Edison Company proposes to discharge approximately 1.15 MGD from dewatering operations to tidally influenced flood control channels in connection with cons'imuction activity at the Huntington Beach Steam Station. 3. The board adopted an Interim Water Quality Control Plan on June 9, 1971. L% The beneficial uses of the tidally influenced flood control channel waters are: Aesthetic enjoyment Recreation (non -contact with water) Fishing Marine habitat Shellfish harvesting S. The board has notified the discharger and interested agencies and persons of its intent to prescribe waste discharge require- ments for the proposed discharge. 6. The board, in a public meeting, heard and considered all Comments pertaining to the discharge. IT IS HEREBY ORDERED THAT Southern California Edison Company shall comply with the following: A. Waste Discharge Requirements 1. Discharges to flood control channel shall be limited to those resulting from dewatering operations' 2. Discharges to flood control channel shall not contain any visible solids,, debris, oil, or scum. Order Vo. 72-17 continued Southern California Edison Company, Huntington Beach Page 2 3. The dissolved oxygen of the waters of the flood control channel shall not be depressed below 5.0 mg/l by this waste discharge. 4. The waste discharge shall not contain total sulfides greater than 0.1 mg/l. 5. The waste discharge shall create no nuisances at -'rhe dewatering site or at any point in the flood control channel. 6. The discharge of wash shall not alter the quality of the waters of the state to a degree that unreasonably affects said waters for beneficial. uses. 7. The discharge shall not cause any scum accumulation or discoloration in waters of the State. S. In the event chlorination of the discharge is required, then the discharge must be controlled so that the chlorine residual is less than 0.1 mg/1. B. Provisions I. The discharger shall comply with the Vonitoring and. Reporting Program No. 72-17 and the General Provisions for Monitoring and Reporting as specified by the Executive Officer. 2. Compliance with Requirements (1) , (2) , (5) , and (6) shall be based on each visual observation by the staff of this board or other responsible agency. A minimum of two inspections per month shall be performed by the staff of this board. 3. Compliance with Requirements (3) , (4) , and (7) will be based on each analysis specified in Monitoring Program 72-17. I, Richard A.'Bueermann, Executive Officer,do hereby certify the fore- going is a full, 'true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on April 27, 1972. . RiCILMD A. BDEER,1AI' Executive Officer California Regional Water Quality Control Board Santa Ana Region ORDER 72-18 ORDER REQUIRING TRAUTWEIN BROTHERS TO CEASE AND DESIST FROM DISCHARGING WASTES CONTRARY TO REQUIREMENTS PRESCRIBED BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION The California Regional Water Quality Control Board, Santa Ana Region, finds that (1) On March 21, 1972 this regional board adopted Order 72-12 prescribing waste discharge requirements for the discharge of wastes by Trautwein Brothers .into Newport Bay. (2) The waste discharge requirements provided in part: "4. The discharge shall not contain total sulfides greater than 0.1 mg/l. 5. The waste discharge shall create no nuisances at the dewatering site or at the point of discharge to Newport Bay. 6. The discharge shall not cause any scum accumulation or discoloration in the waters of Newport Bay.iz (3) Inspections by the board staff and the staffs of the State Department of Fish & Game and the Orange County Health Department have indicated that the discharger is not comply- ing with Requirement (4), Requirement (6) with respect to discoloration only, and is threatening to violate Require- ment (5) by causing a potential odor nuisance at the de- watering site. (4) By letter dated March 27, 1972 the regional board transmitted the waste discharge requirements to the discharger and re- quested compliance with the requirements forthwith. (5) On. April 27, 1972 at 9:30 A.M. in the Board of Supervisors Chambers, Riverside County Court House, Riverside, California, after due notice to the discharger and all other affected persons, the regional board conducted a public hearing at which the discharger appeared and evidence was received con- cerning the discharge. (6) The discharger is violating Requirement, Order 72-18 - continued Trautwein Brothers Page 2 1T iS tlbrX SY ORDERED THAT: (1) Trautwein Brothers cease.and desist from discharging wastes contrary to requirements listed in (6) above; ( ) Compliance with the waste'discharge requirements as stated in (6) above shall be achieved no later than April 285 1972. If, in the opinion of the Executive Officer, Trautwein Brothers fails to comply with the provisions of this order, the Executive Officer is directed to request the Attorney General to take the appropriate enforcement action against the dis- charger, including injunction and civil monetary remedies, if appropriate. I, Richard A. Bueermann, Executive Officer of the California Regional Water Quality Control Board, Santa Ana Region, do hereby certify that the foregoing is a full, true and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region at a meeting held on April 27, 1972. RICHARD A. BUEERMA14N Executive Officer 4 CITY OF NEWPORT BEACH HARBOR AND TIDELANDS DIVISION April 24, 1972 TO: : CITY MANAGE FROM:,? Harbor and Tidelands Administrator (1 Sl:BOECT: LIDO -CONDOMINIUM DOMINIUM PROJECT i b - I have attached a report from Mr. Paul Trautwein containing the latest data pertaining to the Discharge at the Lido Condominium project. I have also been advised that the South Coast Company has hired a firm to snake a bioassay of the area in the vicinity of the discharge. Results of the bioassay will probably be available in early .May. a� - GEORGE M. DAWES GMDssh Attachment 1! 2410 Newport Boulevard Newport Beach, Calif. 92660 TRAUTWEIH BROTHERS GENERAL ENGINEERING CONTRACTORS Phone (714) 673-1960 . April 24, 1972 FLOATS AND BULKHEADS PIERS, PILE DRIVING, ETC. Mr. George Dawes City of Newport Beach Newport Beach, California Dear George: Enclosed is a copy of our weekly report and a copy of letter to the State Water Quality Control Board and a brief summary of the overall project, which is Exhibit A. Hope this answers all of your questions. If not, please feel free to call me. Yours very truly, TRAUTWEIN BROTHERS Paul Trautwein PT: ms . 5 3410 Newport Boulevard rd A u "� W E 1'N O T H E R S FLOATS AND BULKHEADS PIERS,; `PILE DRNIN ;Newport Beach. Calif. 92660 - - - - - - - - - ----- -- - - - - - - - G, ETC. ... GENERAL ENGINEERING CONTRACTORS Rbaw (714) 673.1%0 April 24, 1972 I • Mr. Richard Bueerman Water Quality Control Board Santa Ana Region 6848 Magnolia Ave. r, Riverside, California 92506 Dear Mr.'Bueerman: Enclosed is a copy of our weekly report. As you will notice on Saturday, the 22nd, and Sunday,.the 23rd,` I show 200 gpm of discharge. This is an average because the construction on the project has been completed to,,a oint that we are only pumping 18 hours,a day. In other P y y words, at low tides we turn the pumps off 3 to 4 hours. In answer to your findings which indicate we are possibly violating Order #72-12, I assure you that.we are zealously monitoring the discharge daily, not just once a day but sometimes three or four times a day. We find considerable variations in the testing at 'different times F.• in ..accordance with the different amounts of water we are it pumping plus the difference in the elevation of the tide. ' But with regulating the chlorine from 30# to 80# per day, it is our findings that we are meeting the requirements a of under O.lmgl. We have copies of a lot of our tests available for your examinatiin. r' Where you mention that John Zasadzinski was here on April 11th and found 0.3mgl, Mr. Zasadzinski came to my office and he and I personally went back to the discharge and each one of us made tests and these tests were within the range of 0.1. But again I must state, that the tests do vary and when we made these tests on the 11th we were running 50# of chlorine and I increased it than day to 70# As far as the discoloration of the water is concerned, this varies from day to day. Actually, this morning ki�AwirawLuwduMneavw.Ju..u.•.w.w..+Wt• ',:''-u+u.wvn.nlu.rsvumUMnTk eOnu ^:I:sa:^ MaSSW M k1SvvM NUW.wnA•YY.tl"".r.:v4L4.'ub419vviv�N'Etis.' WI.uLitL'4Sd.L°x::.urs._v.2GL:k��ipi.55v_4:u""uuwiS'i'mMu+i.�`ZCPLF"'0.id'" Harb. Permits CITY ®PNEWPORT BEACH ' a CALIFORNIArte+ 92"0 `J FO V % ,N City Nall 3300 Newport Blvd. (714) 673-2310 April 17, 1972 TO WHOM IT MAY COINCBRN: The BioMe Company Is engaged in resea.re`n to determine the biological effects of the water discharges in the vi-cinit Of the Lido Isle bridge. Representatives of' the Biome Company any are authorized to engage in activities associated with their research, such as placing sampling plates, taking soil samples, taking marine specimens and taking water quality samples as necessary. Representatives of the Company who will be participating are Dr. Donald Mitchell, Mr. Gordon Anderson, and Mr. Jim Steinert. Itis expected that their, activities will continue until about 15 June= e yours truly, G. M. DAWNS Harbor Tidelands Administrator GM/db May 21, 1970 TO: harbor & Tidelands Administrator FROM: Harbor & Tidelands Aide SUBJECT MEETING (5/2`2/70) on PROPOSED HIGH-RISE CONDOMINIUM RESIDENTIAL BUILDING As near as I can determine from the information available, the property in question is Lot 1, Tract 815, adjacent to the 'Vista del. Lido building. In researching this proposal, the following data was discovered. I will quote from a memo to City Council by the Public Works Director on 12 December 1966: Description of Property No. Encroacher and Address Rncroachee Suf:ferrincr Encroachment 1. vista Del. Lido Apt. Rouse Rom and Cola Inc. Lot 1, Tract 815 611 Lido Park Drgive (Vacant Lot) When theoriginal ,pier permit was issued t.o Rom and Cola, Inc., the application: indicated . that Lots 1, 2, and 3 of Tract8l,.4 ,, were ow ned by the applicants. The 'Vista Del Lido apartment building was constructed on .Lots 2. and 3 only, but the harbor installationextended in front of all three Lots. Lamer the building and. Lots 2 and 3 were sold, with Rom and Cola, Inc . , retaining Lot.. l-., if the existing harbor facilities for the 'lista Del Lido building which encroach over Lot 1 were to be removed, there would be approximately 74 feet of bayfront space available Using the pier, limit line of 80 feat,. a total area of 5920 sq. f>tcould be. utilized. Due to the existing adjacent bullhead and slip configurations the access to this area is somewhat limited. Depending on slip size and design, I would estimate that the number of slips feasible in this area would be between 3 and 6. I have shaded in red, the water area in question on the attached harbor permit drawing for the Vista Del Lido. DSS/db Attachments D. S. SANFORD February 19, 1971 TO: Calvin Stewart, Director Parks, Beaches and Recreation George Dawes, Administrator Harbor and Tidelands FROM: Laurence Wilson Acting Assistant Community Development Director SUBJECT Dedicated public walkway along West Lido Channel in front of proposed Lido Condiminium Apartment Building - Use Permit No. 1482 We have received the attached letter and plans from Wayne E. Davis of the Daniel N. Salerno Architectural Office in San Diego. This firm is preparing plans for a condiminium apartment building on property bounded by Lafayette Avenue, Lido Park Drive, West Lido Channel and the 32nd Street Park. This project previously was approved by the Planning Commission under Use Permit No.°1482. One of the conditions of approval required that a dedicated pub- lic walkway be provided along the full frontage of theproperty abutting the West Lido Channel and connecting with the 32nd Street Park at the north end. The developers also agreed to improve this dedicated public walkway along the channel and to ,landscape and improve the adjacent portion of the dedicated, right-of-way of 32nd Street as an addition to the existing park. I am sending the plans first to George Dawes with the request that he forward them to Cal Stewart, and that Cal return them to this department. The plans give a fair amount of detail regarding the dedicated public walkway. Apparently the net unobstructed width in the narrower portion would be approximately 517 However, a 3' gate leading to boat slips would swing into this space. Perhaps for this reason, some consideration should be given to the pos- sibility of moving the boat slip gate to the aider souther -Ly portion .of the walkway, if this could be done without disrupting the arrangement of slips too much. Perhaps the same result could be accomplished by making the gate swing the other way - toward the water. Apparently the walkway would be separated from the water by a row of masonry columns with light fixtures six and one-half feet high with a wrought iron rail fence five feet high between the columns. We will try to get additional information on the fence and columns as well as the gate leading to the boat slips. Also, the attached plans do not show any information regarding park landscaping or improvements to the north or how the walkway along the 'channel would connect with walkways in the park. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST QPUBLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER []FIRE DEPARTMENT EIBUILDING DEPARTMENT C1PARKS & RECREATION V0H OLICE DEPARTMENT ARBOR & TIDELANDS Date, June 1, 197+0 ljPLANS ATTACHED (PLEASE RETURN) t1PLANS ON FILE IN PLANNING DEPARTMENT` APPLICATION OF SWAN CONSTRUCTORS INC. FOR A L]VARIANCE [3USE PERMIT 1482 'l]RESUBDIVISION J]TRACT 'MAP TO PERMIT construction of a 51, unfit condominium apartment building ( in 8 C-2 tone. ' 7 ON LOT 1 Lancasters Addn*' , BLOCK S29 TRACT 81S ADDRESS .3102 Lafayette Avenue, Newport beach REPORT REQUESTED BY dune S. 1970 COMMISSION REVIEW dune 18, 197+0 COMMENTS �, &--44 47 Cl)l�loea ?% 1 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST QPUBLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER []FIRE DEPARTMENT EIBUILDING DEPARTMENT C1PARKS & RECREATION V0H OLICE DEPARTMENT ARBOR & TIDELANDS Date, June 1, 197+0 ljPLANS ATTACHED (PLEASE RETURN) t1PLANS ON FILE IN PLANNING DEPARTMENT` APPLICATION OF SWAN CONSTRUCTORS INC. FOR A L]VARIANCE [3USE PERMIT 1482 'l]RESUBDIVISION J]TRACT 'MAP TO PERMIT construction of a 51, unfit condominium apartment building ( in 8 C-2 tone. ' 7 ON LOT 1 Lancasters Addn*' , BLOCK S29 TRACT 81S ADDRESS .3102 Lafayette Avenue, Newport beach REPORT REQUESTED BY dune S. 1970 COMMISSION REVIEW dune 18, 197+0 COMMENTS �, &--44 47 Cl)l�loea ?% TQ City Manager FROM: harbor & Tidelands. Administrator SUBJECT. LIDO CONDOMINIUM WASTE DISCHARGE_ As` of 10 April, the status of Trautwein's discharge is _ seduced to one pump discharging 304 gpm• Drawing from -2 feet, a 14 foot raise since last geek. Untreated discharges varying from .3 to .S mg/l. in sulfides, - Using 30-50 lbs. Cl daily to reduce sulfides to 0 to .l mg/l in accordance with Yater Quality, Board standards. Daily reports being sent to the Attorney General's office and Regional Water Quality Control Board. -- Expect to be fully competed within 30 days. , JOHN R. PH;IL,P, M.D. } HEALTH OFFICER ~� ,�rrte�, a -g-`' (D �i U , ! + Y C) P SANTA ANA OFFIC;. 645 NORTH ROSS STREET ANA. CALIFORNIA 92702 `�� SANTA ` TELEPHONE: 834-3131 Mailing Addr.sz:.,P. 0. sot 355 Santa Ana, California 92702 ANAHEIM OFFICE 1011 SOUTH EAST STREET O ANAHEIM, CALIFORNIA _ HEALTH DEPARTMENT TELEPHONE: 776-5551 Marling Addr.:x,: P. 0. sax 355; $onto Ana, California 92702 March 20, 1972 Regional Water Quality Control Board #8 O Santa Ana Region 9 "'� 6848 Magnolia Avenue, Suite 14 Riverside, California 92506 Subject: Order 72-12 Prescribing Tentative Waste Discharge ` 115V f OF 2 Requirements for Trautwein Bros., Newport Bay t0 Gentlemen: This is in reply to your request of March 10, 1972, for our comments concerning Order 72-12 Prescribing Tentative Waste Discharge Requirements for Trautwein Bros., Newport Bay. It is our understanding that the Trautwein Company is . discharging approximately 300 - 600 gallons per minute from a dewatering opera- tion to Newport Bay. This discharge is in connection with the construction of a highrise structure in the City of Newport Beach. The Health Department has conducted an investigation of this dewatering operation. The investigation consisted of field testing of the discharge for sulfides and dissolved oxygen. The results are as follows: Sulfides D.O. 2/15/72 0.6 mg/1 6.5 mg/1 2/22/72 3.5 mg/1 7.4 mg/1 2/29/72 3.5 mg/1 7.3 mg/1 3/6/72 0.3 mg/1 8.5 mg/1 From the data presented above, it appears that the discharger will have diffi- culty meeting the sulfide requirement. MAR 2 2 1912 Date ....................'.....-� COMES SENT TO:, Mayor - !1lanne r � � Aitorney 0-s P'mi'• WeAs THred" N 1 o4u,, 14 L1 a dG . 0 0 CITY OF NEWPORT BEACH March 15, 1972 TO: City Manager FROM: Harbor & Tidelands Administrator SUBJECT WATER DISCHARGE, LIDO CONDOMINIUM PROJECT This memorandum responds to your request for a report on the water discharge at the Lido Condominium project. A resume of the project to date is: a. Commenced pumping in October, 1971, at the rate of 900 GPM from a depth of -26 feet. Hydrogen sulfide levels were high and the contractor hired a chlorinating firm on the recommendation , of the .Health Department to inject chlorine into the pumping system. The method of treatment was unsatisfactory to the Regional Water Quality Board so the contractor hired the services of"a laboratory, purchased $1,500 of chlorinating equipment and commenced the treatment in accordance with instructions from the Water. Quality Board. b. In early January, the pumping rate was reduced from 900 GPM to 600 GPM and the pumping depth was reduced from -26 feet to 17 'feet. The discharge, without treatment, dropped in hydrogen sulfide content to 1 part per million or less. At. the direction of the Water Quality Control Board, chlorination has continued though at a reduced rate. On 28 February, the discharge was free of hydrogen sulfide and chlorination ceased. The discharge is monitored twice a week now and chlorinating equipment is hooked up ready to resume treat- ment if required. C. It is `anticipated that rate of flow will be reduced to 300 GPM in about one week and that the depth of pumping will be reduced to -10 feet. Tt is unlikely that there will be any hydrogen sulfide in the discharge. It is estimated that pumping will stop altogether in four or five weeks. In the meantime, the Regional Water Quality Control Board is taking action on 21 March to establish specific discharge requirements., During all of the foregoing, tests were run continually to insure that there was no residual chlorine in bay waters. Tests are now being run on a weekly basis by both the contractor and the Water Quality Board. While discharges have been under treatment for several months, and current discharges are clean, there is a suspicion on my part and on the part of the Water Quality Control Board that the initial discharges may have left a residual hydrogen sulfide content in the bay bottom. We are working together to determine the best method for the contractor to clean it out upon completion of pumping Crily or NEWPOMI, aeACH Mph S. 1972 . , . DAA' 'ice s.afety Diiiiiiator 2410 Newport Boulevard T R A U T W E I N BROTHERS Newport Beach, Calif. 92660 GENERAL ENGINEERING CONTRACTORS Phone V14) 673.1960 February 29, 1972 Mr. George Dawes Harbor Coordinator City of Newport Beach 3300 Newport Blvd. Newport Beach, California Dear George: FLOATS AND BULKHEADS PIERS, PILE DRIVING, ETC. In answer to your telephone request of yesterday, I will attempt to clarify our position concerning the dewatering at the Lido Condominium project. When we first started the project, .about 10/7/1971, and found it to be necessary to treat the water with chlorine, we, at that time, hired PierceChlorine on the,recommendation of the Orange County Health Dept. (John Haines) and they proceeded to treat the water in a method that was not suitable to John Zasadzinski, California Regional Water Quality Con- trol Board. We hired Twining Laboratories to make tests of the water and they found that the problem was at the lower elevation. At that time we purchased some $1500.00 worth of chlorine equipment and started to chlorine the water ourselves, under John Zasadzinski's instructions and method. We have taken many tests ourselves and many tests have been taken by John Zasadzinski and I together. We have found by putting 30#-40# of chlorine a day in the lines that there is no hydrogen sulfide going into the Bay. We felt we had solved this problem. If not, we have wasted approximately $10,000.00 and the testing methods we are using are the wrong methods. But the method we are using is that recommended by John Zasadzinski and with 30-40# of chlorine per day it shows negative - no hydrogen sulfide. Mr. George Dawes 2/29/1972 -2- At the early date, 10/7/1971, we were pumping water at an elevation of -261 and had five pumps, three running at all times, pumping approximately 900 gpm 24 hours a day. Approximately two months ago we took out two pumps. We still have three pumps on the job and are, at present, running two pumps, pumping approximately 600 gpm but we are now pumping at an elevation of -17" where we have water, without treatment, of only _1 part of hydrogen sulfide and with the 30-40# of chlorine we have no hydrogen sulfide going into the Bayo Tests are being made by me at least once a week. John Zasadzinski has been down many times and is still dropping in, looking over the project .at lease every week or two. It is our best estimate that we will, within the next thirty days, be to a -point where we can raise the water elevation approximately 10 ft. and turn one pump off, which means we will be running one pump, pumping approxi- mately 300 gpm. Sorry to hear that there are still people that are disturbed. We have done everything possible and followed the instructions of John Zasadzinski to thebestof our ability and knowledge. Sincerely, TR.AUTWEIN BROTHERS Paul Trautwein PT:ms 0 TRAUTWXMBROTHM Paul Tr4utwein": PT At the Oakly date 10/7/1971,,, we werewester and ad fivo t an elevation of -26 b A Ion at all tjaMW- PUMPing'thar906, .91 M . .... . .... ,14 24 hours a day. Appy y tw -jw& In I took Mr at pregOnt*: running tiro PUSAP8• Ing and axe#Pomp n I;wjm apprMimately 604. gpo. but. we are now p at all TRAUTWXMBROTHM Paul Tr4utwein": PT At the Oakly date 10/7/1971,,, we werewester and ad fivo t an elevation of -26 b A Ion at all tjaMW- PUMPing'thar906, .91 M 24 hours a day. Appy y tw -jw& In I took set two P thejob upps. We have three at pregOnt*: running tiro PUSAP8• Ing and axe#Pomp n I;wjm apprMimately 604. gpo. but. we are now p at all elevation of_ -171 we havo-vater. without tr with' 01# of only 1,part of hydrogen sulfide the 304-0 re of chlorine we have no hydrogen sulfide M51. SAY Tests: are being maft, by, at14tist Ones "a week. Jai b,"A'AbOn imes zaaaftinski haw many t --sw,4till droMing looking, over, the proJect y w"k 0C two• La best: istl"te� that we will with this next thirty days, be to & ppint where can ramie UM 1"t,41i elevation approximately- 10 ft. &Z. -turn 0.. "1 pump off, i Mali meanie we will b6�:.running one '"'Pt pumping approx- ..mately 300 qPM4D forry to hear that there are still:People' that are D disturbed. We. havi dmeeverythinq possible and followed Inatructioas::,,of rsaji"xiAski,io'. tie best of our ability and )MovXeft*,: tb TRAUTWXMBROTHM Paul Tr4utwein": PT re D CITY OF NEWPORT BEACH March 7, 1972 TO: City Manager FROM: Harbor & Tidelands Administrator SUBJECT: WATER DISCHARGE, LIDO CONDOMINIUM PROJECT This memorandum responds to your request for a report on the water discharge at the Lido Condominium project. A resume of the project to date is: a. Commenced pumping in October, 1971, at the rate of 900 GPM from a depth of -26 feet. Hydrogen sulfide levels were high and the contractor hired a chlorinating firm on the recommen- dation of the Health Department to inject chlorine into the pumping system. The method of treatment was unsatisfactory to the Regional Water Quality Board so the contractor hired the services of a laboratory, purchased $1500 of chlorinating equipment and commenced the treatment in accordance with instructions from the Water Quality Board. b. In early January, the pumping rate was reduced from 900 GPM to 600 GPM and the pumping depth was reduced from -26 feet to -17 feet. The discharge, without treatment, dropped in hydrogen sulfide content to 1 part per million or less. At the direction of the Water Quality Control Board, chlorination has continued though at a reduced rate. On 28 February, the discharge was free of hydrogen sulfide and chlorination ceased. The discharge is monitored twice a week now and chlorinating equipment is hooked up ready to resume treatment if required. c. It is anticipated that rate of flow will be reduced to 300 GPM in about three weeks and that the depth of pumpingwill be reduced to -10 feet. It is unlikely that there will be any hydrogen sulfide in the discharge. We do not yet have an estimate when pumping will stop altogether. During all of the foregoing, tests were run continually to insure that there was no residual chlorine in bay waters. Tests are now being run on a weekly basis by both the contractor and the Water Quality Board. While discharges have been under treatment for several months, and current discharges are clean, there is a suspicion on my part and on the part of the Water Quality Control Board that the initial discharges may have left a residual hydrogen sulfide content in the bay bottom. We are working together to determine the best method for the contractor to clean it out upon completion of pumping Re: Water Discharge, Lido Condominium Project 3/7/72 Pg. 2 operations. So far, treatment activities have cost the contractor, about $10,000. This entire incident has been a new experience for the City. Heretofore no one was specifically anticipating and providing for such a problem. Since then, both the Community Development. and Public Works Departments have been briefed in this regard with the result.that subsequent projects involving potential discharges have been routed to this office for coordination. The dewatering of Promontory Bay is a major example, and we have required The Irvine Company to obtain a Water Quality Board permit for that operation. The experience also points up a requirement for a City ordinance governing discharges. Once a discharge has commenced! Fish and Game Department and Water Quality Board procedures are too complex to get immediate results. We have no governing ordinance. I am endeavoring to complete a water quality control plan,which can be converted to one or more ordinances, and control of such discharges will be a specific item. While the discharge in this specific instance has been basically undesirable, I am convinced that possible adverse affects. have been over -emphasized. There has been damage to boats moored nearby which will be handled by the contractor and his insurer. There have been noisome odors which basically ceased upon commence- ment of the chlorine treatment. There have been no fish kills. There are a number of dead mussels in the area but the Fish and Game Department cannot tell me if this is a result of the original uncontrolled discharges or current operations -- or even something else, for that matter. This incident, plus other unrelated incidents in the environmental area, lead me very reluctantly to the thought that perhaps we should emulate the City of Santa Barbara in establishing an Environmental Quality Advisory Board, an inter -disciplinary board of qualified personnel. In Santa Barbara, the Board has commission status, but acts only to advise the City Council and Planning 'Commis- sion on technical environmental questions referred to it by either body. It consists of degreed biologists, geologists, engineers and other disciplines who are residents of the City. The Advisory Committee not only advises the Council and Planning Commission at their request, but serves both bodies as a screening agent and advisor relative to citizens' complaints, comments or questions relative to technical environmental matters. With rather continuing concerns in water, air and noise quality, noxious odors and beach erosion, such a committee might be helpful. It might also be helpful in helping to evaluate various environmental aspects of alternate solutions in our General Planning program. JI 7