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HomeMy WebLinkAboutM2012-0005HARBOR 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 (n ifnrnin Ariminicfrnfiva rnria gprrfinnQ 1 X71(1 anti 1'171 1 General Description of Proposed Development: Dredging the Newport Marina to -7 MLLW plus 1' over-dred e under the slips. This is clean, ocean disposal material per the DMMT's recent approval of the City's SAP for the RGP-54 dredging ermit. This project exceeds the maximum cubic ards that may be dredged with the RGP-54 permit, therefore an Individual Permit is required but the RGP-54 testing data is still valid). Property Address: 2888 Bay Shore Drive Legal Description: Harbor Permit Number: 130-2888 Plan Check Number: N/A A licant: Ron and Allyson Presta Applicant's Mailing Address: P.O. Box 7099, Newport Beach, CA 92658 Phone Number: 949 825-5240 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, per CEQA 15304 G. ❑ 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. //////')Y Chris Chris Miller, Harbor Resources Manager April 2, 2012 Attachments: Figure Page 2 of 2 N T L SOURCE: Image prepared from USGS data.�8�BUR AbOURUS DIp E HORIZONTAL DATUM: California State Plane, Zone 6, NA Avik VERTICAL DATUM: Mean Lower Low Water (MLLW). { Q �j PORT BEACH C1 1I YY 0 3000 N - Scale in Feet Figure ANCHOR Vicinity Map tz QEA Newport Marina Maintenance Dredging w P 3 � g o � c U u v _ a v v N ti E a s p 2 2 a w m � � m m a a a W Q p O z n W � W � W� ` a � E '^ O E m OL c a n Z m m a h p � Z - -O m � �w �3 � N N ry ca ym � � a v N a a � n o a c`o J v — c - u.p U U m CVppa _� F L a N p r e.i Z J Ilamo42--Z£:8 Z[OZ'to AV at+ C3 M E CD LU o O L ca CD CO Z O c}y.J. 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GYC...1/...�5...'ES1e Valuation Extg Building SF Demo Building SF Add/Reconstruct Bldg SF Extg Gar sf Demo Garage sf Add/Reconstruct Garage sf # Stories TOTAL BLDG SF . Cu Yd Cut New F7 Add Alter FDemo TOTAL GARAGE SF Cu Yd Fill F F 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City State Zipmm Telephone........................... a ..__.. 6. Contractor's Name Last First Lic. No. Class .. ... _.... . ......_ � .. .... ....... . . Contractor's Address Contractor's E-mail Address . _....... _ City State ZiPW� Telephoned OFFICE USE ONLY ENERGY P/C:FEE $ GRADING P/C FEE $ FIRE P/C FEE $ Rodd/1A1nQ ELEC/MECH/PLUM P/C FEE $ PERMIT NO. PLAN CHECK NO. 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ING THE EXISTING LOCATED AT, ONNER / APPLICANT - Mr. & Mrs. RON PRESTA p o $-Q/\ w.upxcuc �5` CONSULTING STRUCTURAL ENGINEERS HORE DRIVE2888 cA BseeaNEWPORT L2A BAYSHORE DRIVE „, ,, �N °I ��BEAcx BEACH, CA 92663 m ICAL RECOMMENDATIONS Pnen.. Isssl las-Tns .�...s:...� o m h v r / F. C\� Z P\\C1 1 \ C ,L -- i N\ gig I -DSI n ITT _ _ I I '_ ` g j Cn m APARTMENT BUILDING -8 € / -6 I m I� I NES"7M1t'E 769 FICE OLD C.L. WEST COAST HIGHWAY - V GHW AY GopgT HI - = WES _- O 5F MY M $ R 9y4 :F��' �� lka% '�^ g fM 2m 9�q R _ 4 � gac F _m igal 8171-1 P:%. s• Incl y5 _ jJ�[ WILLIAM SIM1IPSON Equ CONSULTING STRUCTURAL ENGINEERS REINFORCING THE EXISTING SEAWALL LOCATED AT. EBBS BAYSHORE DRIVE NEWPORT BEACH• CA 92999 ONNER / APPLICANT PRESTA 2888 BAYSHORE DRIVE NEWPORT BEACH, CA 92883 o o o w. yrua - ���I� •^••'••- "^' gym^ m^I^••^•• SITE PLAN/HEUCAL ANCHORS LAYOU Ph— 10491799-t27 •�°-'°•® is/zt/n r ne "- i m ..a! gm 12 o a 0 y '° s p III ca o Y'� o m IIIm �N R mi Q C e r• I p II y r o m III Q m o Oil �� -0 o i FE rA11 � III c III 1 o_ ° m p N 111 N; O r rn mmo r 71 > � AR; i v n r m m 0 i Z r" B'-0't YIN B'-Bt 4'-0't r QIKiE11T PN1D. dED1((D!T 4_B't i PN1EL dBED1OIT ,.. 'j m AiiFIt DBF➢gNB Jo G-6't rN' tlp (nv 1B Mp CO aya gQ€ �, I to xo p �a �o R o n 0 'z o � r----1--- I I' I I = u i f 11 If I n 0 11 I 11 � I II F--1- I ------- �� _ y I ny e� ga 11 I Q f I Y Sg 4. 11 It 2o-ii ii u It It I � Q 3 0 II 11 II p % g g I /I If g=5 // $P�sIt ae tI 11f II 1 u 11 u II II II II II I I I I II II I II q ��Q3 6 pT*� =9 II II _—_ II —lp 11i ---- I I ____ — F II II I Iv— _ — R � aQug < oe 6171-1 p; �,By xcr s* s� I7�L WILLIAM SIMPSON ASSOCIATES, INC. REINFORCING THE EXISTING SEAWALL LOCATED AT. DNNER / APPLICANT Mr. & Mrs. RON PRESTA p o v. °,ur•,vB $�$ �4 $ ��, CDNSUL'UNG STRUCTURAL ENGINEERS sc Bx sus 1w P (Bas) zss- ��vBSw F• (0.1 xs 2888 BAYSHORE DRIVE NEWPORT BEACH, CA Bseea 2888 BAYSHORE DRIVE NEWPORT BEACH, CA 92663 P11O1 "„ M..4FNtl - m 4*"�115� •••.••"•-°•'m" �m=. "^ •- DETAILS P Nemr 10401 750-1275 WWI, 9 $1 .0 3 Qa n ... 1 9 A .0 A - X y$ � �� r r y r r XB 9 F^ S� 7-0•* m � m $ s m r P % 8 € m r I iti A� 1 i L 1 i1 m r F m r I m pp� m 11m .I ---i I < Y < ' -- I1 -= I II jl� OO Z I -.ImO 1 1 Zi F____ C- a 1 a pZ Z h $ ----j1 -- I n -- -- —— _ i i iii 1I11 I I I +� 1 1 II � L_____ I _L_ ' ___J I IIL• I � 1 r ;1 t. '1 II I ' 1 1 II - F___ r _ I I 3lyl FOD00�� 3 I X ml N7DDOD1 I I T 1 1 II€ � 1 1 F__JI r— --- --I- -� IDLL111N-- E 1 ODDtlDIE ____. 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REINFORCING THE EXISTING - SEAWALL LOCATED AT. 2888 BAYBHORE DRIVE OWNER / APPLICANT Mr. & Mrs. RON PRESTA o v. rElxov o o u. JKAItl $'2 �5 CONSULTING STRUCTURAL ENGINEERS NEWPORT BEACH, CA 82ee3 2888 BAYSHORE DRIVE KcT�� gEgx Ag�,�g <<gis NEWPORT BEACH, CA 82663 0 — u_ orae ��yy1,38 ......,..-��� gym.. m, er�m DETAILS Phone, I111181769•ta7e oiu/xhl WH Elie ilt FEvR : 41� g .R a g* ? O ;ifl r b$ $gg a5 B4iya o 8~ X 8 am >R ~ r E 2 9 —_— — — >n _ N ? --� R-11[111 1111111 M �T s 78—` i < 'O n r W m n m• -e• 1 ' eb•t xw MB PN FLBIDYFNT e'-e•t a'-e•t r O s -rt 0 fi'A• MIN 1u'A• tlN% m PANFL FIIBEDNFNT IrIEA eNEDaNC J i g 6'-fi•Y •� #m Aoa8 nx �Y o �4.01 Him i A m e � v_ r----1--- . Z o I I I I I L_ u m II II ++ 11 II 6 II e 6 11 II II Y— II�� I i � n I s� m' u I II u 11 1 I I ggs�g n 11 u ° I I I FA„ie Begg ii I l Oyu 11 II uE 11 II II ' I I u u I I II II II I I pR� K{ gXW� r se'p 6 < se P. Pemov S+"�'s�, -® � e � �5 j ��j' CONSULTING WILLIAM SIWSON d, ASSOCIATES, INC. STRUCTURAL ENGINEERS REINFORCINO THE SEAWALL LOCATED 8888 BAYSHORE DRIVE NEWPORT BEACH CA EXISTING AT. 92868 OWNER /APPLICANT Mr. &Mrs. RON PRESTA 2888 BAYSHORE DRIVE o P. �, o o W ;orae nPo x. AFM 2 _ ssa cauuw x d , wI c 1w P (9 9) 2- NEWPORT BEACH, CA 92663 •x Np,1.3�m' DETAILS phone 18491 759-127 io/zs/n ls`o CITY OF NEWPORT BEACH y FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 SWALES ANCHORAGE ATTN: STEVE FARWELL 2888 BAYSHORE DR. NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-038 Location : 2888 BAY SHORE DR Status: CLOSED 12/15/2004 ( 3) z S86 This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free. to give us a call if you should have any additional questions. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 1 DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING + ENGINEERING GEOLOGY Ms. Lisa Miller H SHELLMAKER, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 f{ i April 8, 2002 Our Project K02.022.00 SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from Swales Anchorage, Site #3, located at 2888 Bayshore Drive, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil sample provided to us by your firm. The test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, A IQ H. C�.l <`.y� Revie ed by: Na GE 51 oc t Karen Masterson EXP- 3-31-04 * David . Lee Project Engineer r'' �G�`' Q Geotechnical Engineer OF C Attachments: Plates 1 —Grain Size Summary l Plates 2 —Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) IlDhlasrvlserverdatalPROJECTSV(02.022.00V(02.022.00 Phi Grain Size Letter.wpd C� T Y cr NE�,ao,Pr B�•�cN N r N /f t; fff•y � .I.w4I D A f ew Q � SCJ •+..� I i P2oi�oSEO oC/aiH� V I C J N I TY SKETCH wait .g>Tr i r; r ► If/rr A PPga X . l000 Gvlj c ( i ✓J .' L O J��,4 .l 77���"��/' ���L.� , Sound/nys we e.frwarsad in {if^f% and of...o/r d�� iIr 0 below Near? Low« Lew Wo f%i/-. 1Vf0ri...-1' ron y • o F a<i o'e a � �o x /•+ro l./y ro ��( No.- Aoi /.;� e s are eaioilr'shVe ► J EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT EEL GRASS INS E PROJECTAREA IGNFURE PERMIT # DAT If c�c DAYSHORC C, \\'� QF O?�^"A F� 0 l\ o ANOHORAOE APARTMENT• �o XV" ■orfaar mart ivaca ._ r WAR FA O/ 'rIz" I. .MA 4pp�1cA,,_1,r5 SWIALES P^1CNDR64 off- BcK, 7—AAC7- ./oe Aoo Ess AS�38 6AgSi4cRE DRIVE ca,vr-VACroIN tJIftA , DA 7-e CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PLR.KIT APPLICATION (Please print all information) Swales Anchorage (949) 548-1501 1. Applicant (Property Owner) Address Telephone 2888 Ba shore Drive, Newport Beach —;? -99S 2. Project Address (Street Address) Harbor Permit Number 3. New Construction — Revision Maintenance Dredging -X A. Fee $377.00 Check No. 0152 Date 5/15/01 V 5. Brief Description of Proposed Work: maintenance dredging 6. Submit 81/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L.L.W 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all Information required in information block, bottom of sheet. Note that the OWNER. of the property Is the applicant. 11). Drawing sire shall be 8 - 112" x 11 ". 12). Scale shall be adequate to clearly show the above information. 13). Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be completed (on revers ' e of this sheet) 8. A lice s/A s Y 7 -- ppl rK' 4 n s Signature: G fDate: May 29, 2001 Joint Permittee Signature (if applicab Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed, If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not by final until we -have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval In Concept. Date Approval of the City of Newport Beach Council_ Dste Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Buflding Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit In stamped drawing) Date Site Inspection. (call 644 -SW for appointment) Date Site Re -Inspection Date Conditions: I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions'Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and. Professional Code for this reason: Owner's Signature: Date: Contractor: Shellmaker Inc. Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and license is in full force and effect, Contractor's Signature i� d / Date: May 21, 2001 Fc/ r)r- cor Nz Neu`' ,.G ��Jo/�bSE/� D�FriNG , /+ PPCk, K . /000 Civ13 t- r BAc, O I /•'In' Ov ��• w•wKi +'�" wCw w r/sa rA, iaww� D 010 q C% •, 't r Fc�siln�G� y' i�•i.I � c iw�� p .0 ..�. ti VICINITY SKETCH w"'X"' N9WPOWr OAY C°.k 19W1CNiA Y 1 �� o 5�,4 $0undin9ps or• o.<,wcrs4rd in Iid and oii..o�• dvPr!.$ below Mto17 1014,4pr Low 4%ofrr. Morn..ci-.+ ropy• of fids oP Norio.- /iil•s are, sodob/i's, h:s , ssCf�«► of Nt�✓/iw.f sor- 0 \ OP. 00JF,P 4 PO O wrw n I w &.. I . 0 O 7 • A ■ WAS f of n ��/���©��1I'I,I'I�I'I'I'I'I'I'I�I'I�I'I�I'I I (,/CA.vTSVA SG(/cy /I0ice -c o T L�♦ TWACT _/o e A 00_eE ss 2 gFe L Ca,vr'RAC roAr L/ I nom A- CATS' ` 1 CITY OF "EWPORT BEACH FIRE MARINE C.... :ARTMENT HARK,r< Pg IT APP IC TION (Please print all information) Swales Anchorage (949) 548-1501 1. Applicant (Property Owner) Address Telephone 2888 Ba shore Drive, New ort Beach 2. Project Addrses (Street Addnes5) Harbor Permit Number 3. Nww Construction _ Revision Maintenance Dredging X 4. Fee $377.00 Check No. 0152 Date 5/15/01 5. BrW Description of Proposed Work; maintenance dredging e. SUbmft 8 1/2" x 11" Dmwings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures on adjaoent properties. 2). LoonCon of bulkhead, pierhead and project lines, 3). Location of property lines. 4). Logon of channel markers within 200 feet. 5). Lot sixes and lot numbers, if available. 8). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W 9). Any special conditions affecting the construction or affecting boating operations. 10).Completa all Information required in information block, bottom of sheet. Note that the OWNER of the property Is the applicant. 11). Drawing size shall be 8 - 1/2" x 11 12).Scc.alo shall be adequate to Clearly show the above information. 13). Exisdng structures shall be shown In light dashes. New work shall be shown in heavy solid lines 7 Owner-aullder Declaration must be completed (on reverse e of this sheet) 8. ApplIts nt's/Agentle Signature ice- i% - ( Date: May 29, 2001 Joint Permittee Signature (If aippilcgble : Date: 9 Work can begin once the City has received evidence of the following additional approvals and you have ween notlfled to proceed. If you begin prior to the notice you, will be in violation of the Newport Beach Municipal Code and subje& to penalties. 10. Your permit will not he final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection OFFICE USE ONLY Approval In Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange, bate Electrical and/or plumbing permit (Building Department) Date Issued. (Permit Is stamped drawing) Date 34to Inspection, (call 644-3W for appointment) Date Sf4s Re -Inspection Date Conditions: OUR ` ` a LOIN I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec, 7044, Business and Professions Ccae: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are net intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for Ine purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to t!ie Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason Owner's Signature: Contractor: Shellmaker Inc. Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 Date: Telephone: (9 4 9) 548-5359 License class A&B State.Board No, 561434 LICENSED CONTRACTOR'S DECLARATION City License No. 96002210 I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and license is in full force and effect. Contractor's Signature Date: May 26�9, 2001 PERMIT NO. --.-.- _ DREDGING APPLICATION Project Location: 2888 Bayshore Drive Latitude/Longitude: N 33° 36' 57.6" W 1170 54' 22-- Cubic 2" Cubic Yards to be Dredged: 1000 .Method of Dredging: hydraulic suction Ndoare of Dredged Material (Grain size data): repor t enclosed Disposition of Dredged Material: haul to sea and dump �,Iethod of Material Disposition: barge to sea at L.A. 3, Latitude 330 31142"N, Longitude 1170 54148" W �fcect of Dredging on Contiguous Bulkheading and Beaches: none Will schedule project when we receive permit. Protect Begins: Project Ends: I, Lorenzo C . Mi 1ler (Applicant/Applicant's agent), hereby certify that I have read th; S .Army Corps of Engineers permit, RGP#54 and the California Coastal Commis, cin perm 45-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of tlx.: conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising o' ut of the exercise of these permits. In addition, 1-. , th, applicant shall reimburse the City of Newport Beach for all attorney's fees and other ct»t,, expended by them in defending any claim, lawsuit, orjudgement arising out of the act v,tie, '.he applicant carried on under the authority of such permit. Swales Anchorage Applicant - Please Print May 29, 2001 Date L, Shellmaker Inc. Contractor' i lease Print -- Signed: � Applicant/ Agent Cl r r- cm- fV���®Pr B�•�cN • r�Af '►<� o / • iy �v■w�sr �^OR T O w1190A D Aet4 ♦f sry jaAN♦ � r'O 61A 150*6 Z/ Wits.o_Tc �+af COOS= p • u .+.t V (b I N I 1 1 SKETCH wslr k1T1 � t.yr ��rrr N ■ wss r►r bA YC,4: i rmss wr.ri Y ! %+ nPi1� k . loAo GW3<< t d ✓JS UL o 5�A 5'041rndin9s are Ave., or►d 04WOJe de'APOha below /Neorf Lower Low WoP�rr. Moxemm. F, rcrrye of rtio/s /Olirs-7K Norbor /.iris are taiob/e'shed A4 phis , se'7-4'dw ofNs�✓p•f 607 C1 \OR \ V �P . 00 j Af 17 do a AO IS I M-11 4 0 0 A e- o ar -c o r cK, T�.o Cr Cocrr'�Acroar Cl�ftXt., OA 7-S s/ �/ CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERIIAIT APPLICATION (Please print all information) Swales Anchorage (949) 548-1501 1. Applicant (Property Owner) Address Telephone Q 2888 Bayshore Drive, Newport Beach 130 2. Project Address (Street Address) Harbor Permit Number 3. New Construction ______ Revision Maintenance Dredging X 4. Fee $377.00 Check No. 5260 Date 8/27/01 5. Brief Description of Proposed Work: maintenance d r e d g i n g 8. Submit 8112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot Wzes and lot numbers, if available. 8). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W. 8), Area and profile of any proposed dredging with elevations showing depths with respect of M. L.L.W 9). Any special conditions affecting the construction or affecting boating operations. 10). Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property Is the applicant. 11), Drawing site shall be 8 - 1/2" x 11". 12). Scale shall be adequate to Clearly show the above information_ 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be c gripleted (on reveres side of this sheet) 8. Applicant'slAgent" s Slgnatur+s: Date: Sept. 19, 2001 Joint Permittee Signature (H appl�ble): Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties, 10. Your permit will not be final until we -have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approvel in Concept_ Approval of the City of Newport Beach Council_ Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building, Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit Is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -inspection Conditions: Date Date Date Date Date Date Date Date Date Date Date I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031 d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions'Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec, of Business and Professional Code for this reason: Owner's Signature: XXXXXXXX Date: XXXXXX Contractor: Shellmaker Inc. Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 700.0) of Division 3 of the Business and Pr .fessions Code, an cense is in full force and effect. Contractor's Signature Date: Sept. 19, 2001 C i T Y oma' /1/E�PDPr B�•1cN AF bv • Q It T O rIL4 ,ff�M � fCA4/ D D r� AA c% •� f r i VIciN1Ty SKETCH "�'�' ► �� i�rrr Nrwiowr dAY Q.a:, a'cse►+A Y 1 /000 Gvij c t ,f ✓J ' [ O 5EA w t` Soandln s oro VAwarswd /n /ia and o4ov air EEL GRASS INSPECTION 9 di,plhs bC/o w Mroq Lowtr Low Wo�r. Morr.wci,.+ NO EEL GRASS WITHIN 15' OF PROJECT rorryo► o/' /o Aiw, Nw-br IACs EEL GRASS IN THE PROJECT A EA o''` SIGNA7URE PFRMT AT 9AYSHOR[ PROPC-sr a j)azyqi,wG o L \ �o k, of r 1p O �;��eie�e�eieir�ieidieiei / c�t,vrs - ,9walgs ' ,*fhcAop4 . d, -ear 641r, TsAcr CITY OF "EWPORT BEACH FIRE MARINE r—nARTMENT HARB"PERMIT APS ION (Please print all information) Swales Anchorage (949) 548-1501 1. Applicant (Property Owner) Address Telephone ' 2888 Bayshore Drive, Newport Beach 2. Project Address (Street Address) Harbor Permit Number 3. New Construction � _ ReYWon Maintenance Dredging X 9� 9 4. Fee $377.00 Check No. 5260 Date 8/27/01 5. Brief Descripbon of Proposed Work: maintenance dredging 8. Submtt 8 112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adAment properties. 2-). Location-of-bulkhead,-pierhead-and-project-lines. 3). location of property lines, 4). Location of channel markers within 200 feat. 5). Lot sixes and lot numbers, if available. 8). Exlstlng ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L. L.W 9). Any special conditions affecting the construction or affecting boating operations. 10).Complet6 all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing site shall be a - 1/2" x 11 12). Scale shall be adequate to clearly show the above Information. 13).Exisdng structures shall be shown in light dashes. No Work shall be shown in heavy solid lines. 7. Ownsr-Bullder Declaration must be c mpieted (on revers side of this sheet) 8. App4 ton rtVs/Agent'e Signature: C Date: Sept. 19, 2001 Joint Pormlitioo Signature (tf appll ble): Date: 9. Work can Agin once the City his received evidence of the following additional approvals and you have teen notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your Permit will not be final until we -have conducted an on site inspection once construction is completod as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE U8E ONLY Approve( In Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Englneem Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's BuHding Department. Date Approval of County of Orange. Date Electrical and/Or plumbing permit (Building Department) Oate Issued. (Permit Is stalttpsd drawing) Date Site Inspoction, (call 644 -SW for appointment) Date $1te Pe-Inapection Date Conditions: t'ERMIT NO. DREDGING APPLICATION Project Location: 2888 Bayshore Drive, Newport Beach Latitude/Longitude: N 330 36' 55.1" W 117' 54' 23.4" Cubic Yards to be Dredged: 1,000 cubic yards Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: haul to sea and dump Method of Material Disposition: barge to sea at L.A. 3, Latitude 330 3114211N, Longitude 117° 54148" W Effect of Dredging on Contiguous Bulkheadirig and Beaches: none will schedule when we receive permit Protect Begins: Project Ends: I, Lorenzo C . Miller (Applicant/ Applicant's agent), hereby certify that I have reakl (l,' L' S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission pvrmir 45-99-282 for maintenance dredging in Newport Harbor and that I will comply with all Ot di, conditions of those pe=its. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, I,:�� tli,- applicant shall reimburse the City of Newport Beach for all attorney's fees and other cw;t" expended by them in defending any claim, lawsuit, or judgement arising out of the actin• n,--, k:) the applicant carried on under the authority of such permit. _Swales Anchorage Applicant - Please Print Sept. 19, 2001 Date . Shellmaker Inc. Contractor - Pie Print Signed: C Applicant/ Agent C i Y 0,0- /1Vk#,0087- &'r'4C,y „70'rr At T 0 wt •w rl Lq ,�wrM jLA4/ D 1 i ffYlY !1 -pi' /'�' �A��+1 ♦ r I fo/loPC,5El) DLtor H -S ,_ I T Grp N 4 VICJ ( I 1 Y SKETCH wuI -44rrr : l 1 Jf/�T Mewspersr WAYC.ti;,"1rvvwA /ODD GW3<< t F ✓J" 11,�olTa 555 • 5,041ndn9s ore exA-ersvd in fer/ and ono/• d,F,P?As be/ow tifeor? Lower Law Wofrr. Morlw.i/wn ron y e, or /O h4 -,t Nor Acw are eaiob/('shod ri+ /A;s . se���..� of New'~11 boy, C1 \ \—�^ Op. o O A �O m AYA R 11mc" 1 - FART" Y►CMT MdCU �■u�e�t■I■Irl■Irl�l�l nieinioivioiuioio1m1i NU 1hCA0p4 a, or Bcx' T�Acr Bay" A.0pe, CoAvrrAcroMaeJIftr� C)ArE 9%%la/ Ms. Lisa Miller September 17, 2001 SHELLMAKER, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 Our Project K01.074.00 SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from the Swales' Anchorage at 2888 Bayshore Dr., Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil sample provided to us by your firm. The test procedure was in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, Reviewed by: Karen Masterson David H. Lee Project Engineer Geotechnical Engineer Attachments: Plate 1 --Grain Size Summary Plate 2 --Cumulative Grain Size Distribution PHI U FgjF E S S10 P,1\9 H 4 Distribution: Addressee (1) CM No. GE 510 m uc � * EXP, 3-31-04 v (P �rECH���'P �? TgTF 0F CAvkk Seive Opening Particle Diameter U.S. Standard % Material Retained by Cumulative (mm) in Phi Units Seive Size Percent Retained -------------------------- !.;-I i -i= Weight PH Laguna Hills, 19 -4.25 3/4 0.0 0.0 9.5 -3.25 3/8 0.9 0.9 Gravel 4.75 -2.25 4 1.7 2.6 2.83 -1.50 7 0.7 3.3 2 -1.00 10 0.3 3.6 ---------------------------------------------- 1.41 -0.50 14 0.2 3.8 1 0.00 18 0.1 3.9 0.71 0.50 25 0.1 4.0 0.5 1.00 35 0.1 4.1 0.35 1.50 45 0.2 4.2 Sand 0.25 2.00 60 0.5 4.7 0.177 2.50 - 80 0.6 5.4 0.125 3.00 120 0.6 6.0 0.088 3.50 170 0.9 6.9 0.075 3.75 200 1.3 8.2 0.063 4.00 230 1.4 9.6 ----------------------------- Silt-Clay <0.063 <4.00 <230 90.4 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a Sandy Silt (SM): dark yellowish brown to black (10YR 4/6-2/1); ; with abundant shells and shell fragments. The sample was obtained from the Swales Anchorage Property, 2888 Bayshore Dr., Newport Beach at a depth of -4 to -7 feet MLLW. II i Ili David H. Lee & Associates, IRc, PHI GRAINSUMMARY Gtti- I SIZE l 23011 Suite D-11 lin Parkway, !.;-I i -i= _� PH Laguna Hills, '-i l I Telephone: 949-461-5690 Fax: 949-461-7901 CLIENT: SHELLMAKER, INC. I PROJECT: K01.074.00 DATE: September, 2001 PLATE 1 1 D H LA PERMIT NO. DREDGING APPLICATION Project Location; 2888 Bayshore Drive, Newport Beach Latitude/ Longitude: N 33' 36' 55.1" W 1170 54' 23.4" Cubic Yards to be Dredged; 1,000 cubic yards Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: haul to sea and dump Method of Material Disposition: barge to sea at L.A. 3, Latitude 33° 31'4211N, Longitude 117° 54148" W Effect of Dredging on Contiguous Bulkheading and Beaches: none will schedule when we receive permit Project Begins: Project Ends.- 1, nds: 1, Lorenzo C. Miller (Applicant/ Applicant's agent), hereby certify that I have read tht,� U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission po.,rn,it #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, I,as the applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any.claim, lawsuit, or judgement arising out of the ilctivitiCS tj the applicant carried on under the authority of such permit. Swales Anchorage Applicant - Please Print Sept. 19, 2001 Date Shellmaker Inc. Contractor - aelPri nt Signed: _ /applicant/ Agent C I T Of r &X-4 CW 0 /IT •r/ `AP • 4 � New'/M/ +•*r f+ h+ w. o IS TO O we •A r," o+� •, • r lit' FY(sT%t�,..yifoaf' •w�� • A2 N rad V(G'IIliITY SKETCH w"r Vrrr CAW, Nowspswr dAr, QA:.`'ICt'7CN(A Y # nPlly ti . /DAO c-1 03'c. i f ✓J ' G o SQA 0� So und0nys we oxi°rarowd /n lir/ and o6worle de�prhi b•/ow Meors Zowei L.w Moxepwu, EEL ORA. '•,"'''ACTION ronpe of t,•se /04p.yc Nwbr /,;lei NO EEL GRA 4s'! ` ;: J 15' OF PROJECT are e,siok/rshwd vv r'A; s Je0b" o . f Ne w,~i" soar, '❑ EEL GRASS M THE P80JECT AREA -----�E 7 HARBOR RESOUR ES DIT �'��dLCITY OF NEW (� EACH DAT ' O��Vf, • f �'��1K •O 0 @AY:HORE r i AMOHORAOE A APARTMENT$ onto;j,�jG R .R, r'No #=W I�P/� mea. ©leieiollimieidieill&E /c-Adrs VAAfd 5'aa%5' ofAcAova. a ear ecK, TAAcr /o ,a A oo g E ss_ _Z T FF Bd s Aore. Co,4rr.4rA c ro 0 a tl 1 ft -4 , 0AIX 9llgl1�l nomri" n���n�wwE wuwwu� DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING ® - ENGINEERING GEOLOGY Ms. Lisa Miller September 17, 2001 SHELLMAKFR, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 Our Project K01.074.00 SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from the Swales' Anchorage at 2888 Bayshore Dr., Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil sample provided to us by your firm. The test procedure was in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers ReportNumber CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, Reviewed by: I/L , a � Karen Masterson David H. Lee Project Engineer Geotechnical Engineer Attachments: Plate 1 --Grain Size Summary Plate 2 --Cumulative Grain Size Distribution PHI �SS \'D H. p � W No. GE 510 M EXP. 3-31-04 *� Distribution: Addressee (1) OF Seive.Opening Particle Diamete (mm) in Phi Units --------------------- 19 -4.25 9.5 -3.25 Gravel 4.75 -2.25 2.83 -1.50 2 --------------------- -1.00 1.41 -0.50 1 0.00 0.71 0.50 0.5 1.00 0.35 1.50 Sand 3.6 0.25 2.00 0.177 2.50 0.125 3.00 0.088 3.50 0.075 3.75 0.063 4.00 --------------------- Silt-Clay <0.063 <4.00 r U.S. Standard % Material Cumulative Seive Size Retained by percent Retained Weight _ 3/4 0.0 0.0 3/8 0.9 0.9 4 1.7 2.6 7 0.7 3.3 10 ----------------------- 0.3 3.6 14 0.2 3.8 18 0.1 3.9 25 0.1 4.0 35 0.1 4.1 45 0.2 4.2 60 0.5 4.7 80 0.6 5.4 120 0.6 6.0 170 0.9 6.9 200 1.3 8.2 230 ----------------------- 1.4 9.6 <230 90.4 100 - A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a Sandy Silt (SM): dark yellowish brown to black (10YR 4/6-2/1); ; with abundant shells and shell fragments. The sample was obtained from the Swales Anchorage Property, 2888 Bayshore Dr., Newport Beach at a depth of -4 to -7 feet MLLW. David H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY 23011 Moulton Parkway, Suite D-11 Laguna Hills, CA 92653 Telephone: 949-461-5690 Fax: 949-461-7901 CLIENT: SHELLMAKER, INC. PROJECT: DATE: PLATE K01.074.00 September, 2001 1 1. CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT A�aTION, (Please print all information) Swales Anchorage 2888 Bayshore Drive, Newport Beach 2888 Bayshore Drive, Newport Beach 3. New Construction RAvlslon Maintenance $377.0.0 $30.00 4 Fee $407.00 Check No. 5320 & 9296 (949)548-4074 fft Dredging X Date 3/21/02 & 4/10/02 5. 8 rW Description of Proposed Work: maintenance dredging 8. Submit 8112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on ad}acent properties. 2). Location of bulkhead, pierhead and project lines. 3). l,00ation of prop" lines. 4). Locadon of channel markers within 200 feet. 5). Lot sires and lot numbers, if available. 8). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L.L.W 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property Is the applicant. 11). Drawing size shall be 8 - 112" x 11 12). Scale shall be adequate to clearly show the above information. 13).Exisdng structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be completed (on revers of this sheet) 8. Applicant's/Agent's Signature -Date: 4/10/02 Joint Psnnittes Signature (It applicab Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the !Newport Peach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site Inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council_ Date Approval of the Army Corps of Engineers Date Approval of the Califomle Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department, Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit In stamped drawing) Date SKe inspection. (call 644 -SW for appointment) Date Site Re-Inspectlon Date Conditions: i s f !4� I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5. Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. XXXXXXXXXX Owner's Signature: Contractor: Shellmaker Inc. of Business and Professional Code for this reason: Date: XXXXXXXX Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, an0,I`5jy'Rense is in full force and effect. Contractor's Signature � , lam% Date: $? t )'• )@ PERMIT NO. 1 �. �0 o DREDGING APPLICATION RECEIVED Y Project Location: 2888 Ba shore Drive Sojth Coast Region Latitude/ Longitude: N 33" 36' 57.6" W 117" 54' 22" JUN 6 2001 Cubic Yards to be Dredged: 1000 CALIFORNIA c-c�A$TAL COMViISS101", Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed _ Disposition of Dredged Material: haul to sea and dum Method of Material Disposition: barge to sea at L.A. 3 , Latitude 33° 3114211N, Longitude 1170 54148" W Effect of Dredging on Contiguous Bulkheading and Beaches: none Will schedule project when we receive permit. Protect Begins: Project Ends: 1, Lorenzo C. Miller (Applicant/ Applicant's agent), hereby certify that I have read th" "-)' S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission perm,, ;t5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of th, conditions of those permits. I will further hold the City harmless from and indemnity t1-ic n against any claim for damages arising out of the exercise of these permits. In addition, I,1,; '11 applicant shall reimburse the City of Newport Beach for all attorney's fees and other co -,t" expended by them in defending any claim, lawsuit, or judgement arising out of the activit,eti the applicant carried on under the authority of such permit. Swales Anchorage Applicant - Please Print May 29, 2001 Date Shellmaker Inc. Contractor -e-Please Print Signed: _ Applicant/ Agent NEWPO'er B�•�cN 9 icy •ry � w�wwi +•*�' �• w '• O � TO � wc�•A 4-v D WC p •u ...� Ce -'7 VICINITY SKETCH��- � ��rr N g wiowr bAY C.i7 taaaet+�.0 Y r 1 ,4 P pa' tl . 1090 ✓! ' UL o 5EA , So un dirlys oro dp.rewaArs APO' i.+ or we? ono of wo%e dipih5 be/ow Moon Lower Zow Wokr. Moriwci�.► ronyr of Haas /0 art r5+orbr /.ices ore eaiobli'shodn;+ >/hiJ , segjidw of Nsw,~1" sod-. -L URASS INSPECTION 9NO EEL GRASS WITHIN 15' OF PROJECT EELGRASSS"ITHE PROJE T AREA Or IGNATURE /DATE 7 fa r O9' DAYSMORE ^VA111 M&M 1 0 OP' JEP/ 00 �ImIeIel©�©IDImI©IOIOIOIOIOIoioioi�i��� (,IC -AA -17-5 SG(/U/ /t%nGL7o�d oT BGK. %LACY JoB ADOeE_SS Zia f o,a sH C000clrWACrpaaeJ1ft - OA7 H v Ew PZ1 � W7-11 � �1 POST DREDGING COMPLETION REPORT The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 130-2888 Area 1 Start Date: 3/6/03 Com letion Date: 3/13/03 Total dredged material to Beach: ( to Sea (LA3):) 1,000 cubic yards Total acreage impacted: .36 a c r eS Mode of dredging and transportation, and method and frequency of disposal: clamshell into dump barge barge dumped daily at L.A. 3 Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: (Yes) No Form of dredged material: Slurry (Cohesive) Procedure and location where the disposal barge or scow was washed: barge was dumped clean at L.A. 3 A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: (Yes) No Post -project surveys of Eelgrass beds potentially affected by the dredging: There was no eelgrass before dredging started The post -dredging report shall be signed by a duly authorized representative of the permittee. The permittee's representative shall make the following certification: I certifij under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. , a /5�5 SWature ro� 4 r-, 1(:V r POST DREDGING COMPLETION REPORT The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 130-2888 Area 2 Start Date: 3/6/03 Com letion Date: 3/13/03 Total dredged material to Beach: ( to Sea (LA3):) 1,000 cubic yards Total acreage impacted:. 36 acres Mode of dredging and transportation, and method and frequency of disposal: clamshell into dump barge i barge dumped daily at L.A. 3 Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: (Yes) No Form of dred ed material: Slurr (Cohesive) Procedure and location where the disposal barge or scow was washed: barge was dumped clean at L.A. 3 I i A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: (Yes) No Post -project surveys of Eelgrass beds potentially affected by the dredging: There was no eelgrass before dredging started 71, a A_ 'A ..,� PUD L-ulCu6uIr, ItpUfL snail ne signed by a duly authorized representative of the permittee. The pern-ittee's representative shall make the following certification: I certtfiY under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, 1 am aware that there are significant penalties for submitting false information, including the possibilihj of fine and imprisonment for knowing violations, Signa 3 V WPO POST DREDGING COMPLETION REPORT The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 130-2888 Area 3 Start Date: 3/6/03 Com letion Date: 3/13/03 Total dredged material to Beach: ( to Sea (LA3):) 1,000 cubic yards Total acreage impacted: .36 acres Mode of dredging and transportation, and method and frequency of disposal: clamshell into dump barge barge dumped daily at L.A. 3 Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact: (Yes) No Form of dredged material: Slurry (Cohesive ) Procedure and location where the disposal barge or scow was washed: barge was dumped clean at L.A. 3 A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special i permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: (Yes) No Post -project surveys of Eelgrass beds potentially affected by the dredging: There was no eelgrass before dredging started i ne post-areagmg report shall be signed by a duly authorized representative of the permittee. The perrnittee's representative shall make the following certification: I cera fii under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, includi the possibility of fine and imprisonment for knowing violations, Si ature PERMIT NO. DREDGING APPLICATION Project Location: 2888 Bayshore Drive, Newport Beach Latitude/ Longitude: N 33' 36' 55.1" Cubic Yards to be Dredged: 1,000 Method of Dredging hydraulic suction W 117* 54' 23.4" Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: haul to sea and dump Method of Material Disposition: barge to sea at L.A. 3, w _ Latitude 330 3114211N, Longitude 1170 54148" W Effect of Dredging on Contiguous Bulkheading and Beaches none Will schedule project as 'soon as we receive permit. Project Begins: Project Ends: l,Lorenzo C. Miller (Applicant/ Applicant's agent), hereby certify that I have read th�� U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify thein against any claim for damages arising out of the exercise of these permits. In addition, I,as th(2 applicant shall reimburse the City of Newport Beach for all attorney's fees and other casts expended by them in defending any claim, lawsuit, or judgement arising out of the activities Of the applicant carried on under the authority of such permit. Swales Anchorage Applicant - Please Print April 4, 2002 Date Shellmaker Inc. Contractor - Please Signed: ._ Applicant/ Agent Ci T Y cr' NEV,00,Qr 604cN N ,,, - r, ov w ` 4 MtwMMr *^ '� o L 00 P2or-o5En DCPiHG' r VICINITY SKETCH w"r J"r� ��- Newa,onr 0VAY Co4.l;r'WXP41A y ; irr�r /4PP4,6K /000 Cv3,c. ( [ O SES �� ��,°� ' SOc,nd,nys or• �.fiwar:ted ,n fi,� and o4woif ` di'oIhJ bC/o w Me!orl Lowor Low Wofir, 000 ronye• of /ids /O VIP , Norbr /,:QCs are taiolr/r'sh��n. 7,16;3 , segj""" of Newt.../ 60r, EEL CRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT �j EEL GRASS INPROJECTAREA SIGN URE PERMIT # UAT Q�(oPs7Sr- � D � Or AlRa.,4 'Vp" AN MEMO . .RAGE ��• PiloG16.11floillpoli,���s� oa 4,/c.4A-Ir5 1VA1,.jdSLLJRLES %��IGHoR��k or Bck, 7-,&AC7- -10 a A oo Ess x 8 8 6 (4y S Ia o RE DRIVE Co,vr.4rA c ro Ar a eJ I ft -Ku, 0A 7--e �oloa MEMCNNNSININ .........000 HII!53500001000 u►nn.nnm .nnnn..un DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING ❖ ENGINEERING GEOLOGY Ms. Lisa Miller SHELLMAKER, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 April 8, 2002 Our Project K02.022.00 SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from Swales Anchorage, Site #3, located at 2888 Bayshore Drive, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil sample provided to us by your firm. The test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, f H. by: w M4. GE 51 r l 00 Karen Masterson # EXP. 3-3.1-04 � David) Lee Project Engineer ���rECH���'����' Geotechnical Engineer ............d�F Attachments: Plates 1 --Grain Size Summary Plates 2 --Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) IlDhtasrvlserverdatalPROJECTSUCO2.022.001K02.022.00 Phi Grain Size Letterwpd Seive Opening Particle Diameter U.S. Standard % Material Retained by Cumulative (mm) in Phi Units Seive Size Weight percent Retained ------------------------------------------------------ 38.1 -5.25 1.5" 0.0 0.0 19 -4.25 3/4" 0.0 0.0 Gravel 9.5 -3.25 3/8" 1.0 1.0 4.75 -2.25 4 0.6 1.7 2.83 -1.50 7 0.7 2.3 2 -1.00 10 0.6 2.9 ---------------------------------------------------------- 1.14 -0.20 14 0.4 3.3 1 0.00 18 0.3 3.6 0.71 0.50 25 0.2 3.9 0.5 1.00 35 0.3 4.2 0.35 1.50 45 0.3 4.5 Sand 0.25 2.00 60 0.7 5.2 0.177 2.50 80 0.7 5.9 0.125 3.00 120 0.6 6.6 0.088 3.50 170 0.7 7.2 0.075 3.75 200 0.5 7.7 0.063 4.00 230 0.8 8.6 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 91.4 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a CLAYEY SILT to SILTY CLAY (ML -CL): dark olive gray to black (5Y 2.5-3/2-3); wet; scattered shells and shell fragments; abundant organic material. The sample was obtained from the Swales Anchorage Property, 2888 Bayshore Drive, Newport Beach at a depth of -7.0 feet to -4.0 feet MLLW. a 5 i ::HEIII:H.::: nnmmWnn nimn.rrnn nm�.�mmn David H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY li:ini%-:iisoI'M n23011 Moulton Parkway, Suite D-1 1 'wi EN on gg Laguna Hills, CA 92653 iumul10 511anus 949-461-5690Fax: 949-461-7901 - ��I April, 2002 Oleo■ IIIIIIIIIIIIe11111111111111ee■■ 111111111111111111111e::ie11111 eeeeeeeeeeeO■�-::.Oeiieeeeeeeee 1111�!!::i�11111111111111111111 ------------------------------- ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ .................■................. .■................................. :::::::............................ -------------- .......................................... .......................................... .......................................... ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■ee■lee■■sOOOeee■■eeeeeeeesoeesOeeeeeeeee■ ■e■e��e■■■....�__�..■■cess■■■■■■■■■■■■see■ :::i■■■■se11111111111111111111111111111111 111111111111111111111111111111111111111111 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 111111111111111111111111111111111111111111 _ _ E55EEEEE:E:E2eoEEE:EEEEEE5EEEE:EEEESE :::::..................................... ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■eeeeeleleeeeeeeeeeeeeeeeeeeleeeeeeeeeeeel ------------------------------------------ ------------------------------------------ ------------------------------------------ ------------------------------------------ ------------------------------------------ C� r o— K,r,'' of /i��'ff�PO/Pr Q�.�cN F�(rSl7iy�_y ,.o,.• C% O ; Caw P20pn5en Da OTi VICINITY SKETCH ""'x"r Nrwr�wr WAYCry:. iprwaNIA y i irr'r SO4/n4in9ps ae e.(,Cwcrrsed rpt Fid and oi.,.o�• dv'p hs be/ow 4feor1 Lower 4ew WO>4,-, Mori.wcl," roptye of lids o rrozirtroi.Jy /04WNo. /o. /,acs cra ea/off/r's/r.�,ti:. >'sr:J . Jegr<." D nEpC j.�j crA,QaA ,/ oa. � L q Cc) �1 ' O J Pc c./c.aA-1rs JSWOLES.19NCNO, /19CT ar BcK, 759Acr Aoo,esss ABaB 614YSHoRE DRIVE Co,crrArAlcroAr �1ftXk CA7-e�IJ%a s u� •n i t •A A f F�(rSl7iy�_y ,.o,.• C% O ; Caw P20pn5en Da OTi VICINITY SKETCH ""'x"r Nrwr�wr WAYCry:. iprwaNIA y i irr'r SO4/n4in9ps ae e.(,Cwcrrsed rpt Fid and oi.,.o�• dv'p hs be/ow 4feor1 Lower 4ew WO>4,-, Mori.wcl," roptye of lids o rrozirtroi.Jy /04WNo. /o. /,acs cra ea/off/r's/r.�,ti:. >'sr:J . Jegr<." D nEpC j.�j crA,QaA ,/ oa. � L q Cc) �1 ' O J Pc c./c.aA-1rs JSWOLES.19NCNO, /19CT ar BcK, 759Acr Aoo,esss ABaB 614YSHoRE DRIVE Co,crrArAlcroAr �1ftXk CA7-e�IJ%a STATE OF CALIFORNIA GRAY DAVIS, Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 Ms. Lisa Miller Shellmaker, Inc. 875 B West 15th Street Newport Beach, CA 92663 April 26, 2002 PAUL D. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX. (916) 574-1324 File Ref: PRC7624 RE: Dredge a Maximum of 5,000 CYS From Swales Anchorage Marina, Newport Bar; Deposition of Sediment to be at U.S. Army Corps of Engineers Approved Offshore Site — LA -3 Dear Ms. Miller: Enclosed is the fully executed dredging lease for the Swales Anchorage Marina. You will also find a Lessee's Annual Report of Operations -Non Commercial form for Swales Anchorage to complete when appropriate. It has been a pleasure working with you on this project. Thank you for your cooperation, patience and assistance. If you have any questions please do not hesitate to contact me at (916) 574-0234. Sincerely, Jennifer Reischman-Lucchesi Public Land Management Specialist Enclosures STATE LANDS COMMISSION STATE OF CALIFORNIA DREDGING LEASE PRC 7624 This Dredging Lease is made and entered into pursuant to Section 6303 of the Public Resources Code by and between the State of California, acting by and through the State Lands Commission (hereinafter "State"), as Lessor, and the Swales Anchorage Marina. (hereinafter "Lessee"), whose mailing address is: 2888 Bayshore Drive, Newport Beach, CA 92663. In consideration of the terms, covenants, and conditions set forth below, the State issues to Lessee a lease to dredge that certain parcel of land designated as the Leased Lands, situated in the State of California, and more particularly described as follows: Legislatively granted sovereign lands, with minerals reserved, in Swales Anchorage Marina, Newport Bay, Orange County. 1. Purpose of Lease: Lessee is hereby authorized to dredge and dispose of sand, gravel, silt and clay (hereinafter Dredged Materials) at approved disposal sites for the purposes of improvement of navigation, reclamation or flood control as provided herein. 2. Limitations: (a) This Lease does not authorize the construction or placement of any improvements or fixtures, including but not limited to groins, jetties, sea walls, breakwaters, and bulkheads on the Leased Lands. (b) This Lease does not authorize Lessee to dredge for purposes of commercial resale, environmental mitigation credits or other private benefit. 3. Term: This Lease shall commence upon approval by the State and execution by the Parties hereto, which date shall be hereafter referred to as the "effective date" of this Lease, and shall continue for the stated period year, unless sooner terminated as provided for in this Lease. Five year lease term, beginning April 1, 2002; through March 31, 2007. 4. Materials To Be Dredged: Lessee is hereby authorized to dredge and remove a maximum of 5,000 cubic yards of Dredged Materials from the Leased Land. 5. Disposal Area: Lessee is authorized to dispose of the Dredged Materials at the following designated Disposal Site: United States Army Corps of Engineers approved offshore disposal site LA -3. 6. Environmental Concerns: Lessee hereby agrees to the restrictions, mitigation measures and other conditions adopted by the State or Federal agencies. Lessee hereby agrees to the Dredging Lease PRC 7624 Page 2 of 8 restrictions, mitigation measures and other conditions adopted by the State or Federal agencies. Furthermore, Lessee agrees to comply with such other terms and conditions or limitations on its operations under this Lease which are considered necessary by State to achieve the objectives. 7. Royalty: (a) Lessee shall pay a minimum royalty of $0.25 per cubic yard of Dredged Materials used for private purposes or sold for commercial use. However, there shall be no royalty charged for Dredged Material disposed of at a Corp of Engineers approved disposal site. (b) Royalties shall be due and payable on the fifteenth (15th) day of the month following the end of each lease quarter. A lease quarter is a three-month period, the first one beginning on the effective date of the Lease and the subsequent ones running consecutively thereafter. All royalty payments shall be made by check or wire transfer. If made by check, they shall be made to the address provided for in Paragraph 10, below. If made by wire transfer, they shall be deposited into the State's bank account as provided in directions to be furnished to the Lessee by the State. 8. Penalty and Interest: (a) Royalties and other monetary considerations provided for in this Lease that are not paid when due shall bear interest from the day following the day on which such payment was due until the day of payment in the amount of one and one-half percent (1.5%) per month compounded annually. In addition, a five percent (5%) penalty shall be applied to the total amount past due (excluding payment of interest) which shall be payable with such amount past due. (b) Penalty and interest for late payments shall apply to amounts determined by the State to be due and timely paid by the Lessee, including without limitation, insufficient payments based on inaccurate, unreasonable or inapplicable information contained in the quarterly statement submitted to State in accordance with Paragraph 9 of this Lease. 9. Record Keeping and Audits: (a) Lessee shall prepare and maintain accurate records of its operations under this Lease. On or before the fifteenth (15th) day of the month following the lease year, Lessee shall provide to State a detailed statement (hereinafter "Annual Report") of the amount of Dredged Materials and copies of reports or contracts with the dredging operator substantiating the volume of Dredged Materials and placement of Dredged Materials. (b) At the request of State, the Lessee shall provide additional reasonable additional information to State to assist it in interpreting and evaluating the contents of Lessee's Annual Report. (c) All Annual Reports and royalty statements shall be subject to audit by State, at State's sole cost. Upon reasonable advance notice to the Lessee from State, Lessee shall make available Dredging Lease PRC 7624 Page 3 of 8 to State, during business hours, Lessee's books, records, calculations and other materials that are directly related to the Leased Lands and any other lands joined with the Leased Lands under Lessee's plan of operation and the contents of its Annual Reports. (d) Lessee waives any rights or objections it may have and consents to the examination, inspection and audit of the books and records of Lessee and any other party associated with the dredging activities. (e) Lessee shall, within 30 days of the State's request, provide copies of all data arising from Lessee's operations on the Leased Lands including, but not limited to, surveys of the Leased Lands conducted by or for Lessee before and after dredging under this Lease. All proprietary inforination and trade secrets shall be held in confidence by the State. 10. Notices: (a) All notices to be given under this Lease shall be deemed to have been given when made in writing, and deposited in the United States mail, first class postage prepaid, addressed as follows: If to the State: State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825 Attention: Dredging Coordinator Southern California If to the Lessee: Swales Anchorage Marina 2888 Bayshore Drive Newport Beach, CA 92663 Attention: Lisa Miller The address to which notices shall be mailed may be changed by written notice as provided for in this paragraph 10. All notices' to be given under this paragraph shall be deemed to have been given if made in writing and personally served upon the other party. 11. Conduct of Operations: (a) Lessee shall safely conduct all dredging and disposal operations in accordance with accepted dredging and disposal methods and practices and with due regard for the protection of life and property, preservation of the environment and the conservation of natural resources. 12. Waste of Resources, Damage, Loss and Liability: Lessee shall use all reasonable precautions to prevent waste of, damage to, or loss of mineral resources, fisheries, wildlife and the environment on or in the Leased Lands and shall be liable to State for any such waste, Dredging Lease PRC 7624 Page 4 of 8 damage or loss to the extent that such waste, damage, or loss is caused by (1) the intentional or negligent acts of Lessee, its employees, servants, agents or contractors; (2) the breach of any provision of this Lease by Lessee, its employees, servants, agents or contractors; or (3) the noncompliance of the Lessee, its employees, servants, agents or contractors, with applicable statutes or rules and regulations of State provided, however, that nothing herein shall diminish any other rights or remedies which State may have in connection with any such negligence, breach or noncompliance. 13. Existing Rights: This Lease is issued subject to all valid rights, previously granted by the State and existing on the date hereof. Such existing rights shall not be adversely affected by the issuance of this Lease. 14. Other Easements and Interests: (a) To the extent of the right, title and interest of the State in the Leased Lands and subject to the rights of the Lessee hereunder, State shall have the right at any time during the term hereof, or any extension as provided herein, to grant to any person or entity, upon such terms as the State may determine to be appropriate, such easements, rights of way, leases, or other interests in the Leased Lands as the State may in its discretion determine to be necessary or appropriate. The State in no event shall grant interests in the Leased Lands that unreasonably interfere with, impede, disrupt or endanger Lessee's activities under this Lease. (b) Lessee agrees to allow the State, the State's easement holders, permittees or lessees to enter upon the Leased Lands in order to conduct such prospecting and mining activities or other authorized activities; provided that such parties shall provide Lessee with reasonable advance notice of their entry on the Leased Lands and the contemplated activities while on the Leased Lands. The State shall require such parties to indemnify, defend and hold Lessee harmless from and against any loss, cost, charge, cause of action or other liability of any kind whatsoever that arises out of such parties activities on, in or associated with the Leased Lands. 15. Entry And Inspection Of Leased Lands: State and its authorized designees shall have the right at all reasonable times to go upon the Leased Lands for the purpose of inspecting Lessee's operations, for the purpose of maintaining or repairing improvements thereon, for the purpose of placing thereon signs for fire, police, or wildlife management purposes, all without any effect on payments due hereunder and without liability of the State for any loss of occupation of the Leased Lands by the Lessee. 16. Suspension Of Operations: Lessee shall immediately suspend all operations under this Lease, except those which are corrective or mitigative, when ordered by the State to do so upon the State's determination that Lessee's operations are causing or creating undue harm to public safety or to the environment or are otherwise not in the State's best interests. Lessee shall not Dredging Lease PRC 7624 Page 5 of 8 resume operations under this Lease until the State has determined that adequate and feasible corrective or mitigative measures will be implemented by Lessee. 17. Default And Remedies: (a) Failure of Lessee to comply with any provision of this Lease or with the laws, regulations or rules applicable thereto shall immediately and without further notice constitute a default or breach of the Lease by Lessee. (b) In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach within 30 days of the State having given written notice of such default or breach, the State may at any time, and with or without further notice, do any of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such Lease Premises; (2) Terminate this Lease and Lessee's right to possession of the Lease Premises. Such termination shall be effective upon the State giving written notice and upon, receipt of such notice, Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any royalty or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 18. Waiver Of Breach: The State's waiver of any default or breach of any term, covenant or condition of this Lease shall not constitute a waiver of any other default or breach whether of the same or any other term, covenant or condition, regardless of the State's knowledge of such other defaults or breaches. The subsequent acceptance of monies hereunder by the State shall not constitute a waiver of any preceding default of breach of any term, covenant or condition, other than the failure of the Lessee to pay the particular monies so accepted, regardless of the State's knowledge of such preceding default or breach at the time of acceptance of such monies. Nor shall acceptance of monies after termination of this Lease constitute a reinstatement, extension, or renewal of this Lease or revocation of any notice or other act by State. 19. Workers Compensation: Lessee shall at all times in any and all of its operations hereunder and any works in and upon the Leased Lands, carry full and complete workers compensation insurance covering all of its employees. Dredging Lease PRC 7624 Page 6 of 8 20. Insurance: Prior to commencement of operations hereunder Lessee shall obtain and maintain comprehensive bodily and personal injury and property damage liability insurance in an amount of $0 for the benefit of State. With the prior written approval of State, Lessee may self - insure, if it meets the requirements of the State of California for self insurance. 21. Bond Or Other Security: Within thirty (30) days following approval of the issuance of this Lease by the State and prior to commencement of any dredging activity, Lessee shall furnish and maintain until released by the State, a bond or other security instrument acceptable to the State in the amount of $0 and in favor of the State for its exclusive use and benefit, guaranteeing the performance by the Lessee of the terms and conditions of this Lease and observance of the provisions of the Public Resources Code and the rules and regulations of the State. Said bond shall require the surety to give at least one hundred and twenty (120) days' written notice of it intention to cease acting as guarantor. If a surety gives notice of its intention to cease acting as guarantor, the Lessee shall provide to State within thirty (30) days of such notice a replacement bond of equal value to become effective upon the expiration of the existing bond. Failure to provide such a replacement bond within the required time shall constitute a default entitling State to levy against the entire amount of the existing bond. Lessee agrees that in no event shall the amount of the bond be construed as a limitation on its liability. This requirement shall be separate from any other bonding provisions of the Public Resources Code and the regulations of the State of California or any other State, local or federal requirement. 22. Indemnification: Lessee agrees to indemnify, save harmless, and at the option of the State, defend the State of California, its officers, agents and employees, against any and all claims, demands, causes of action, or liability of any kind which may be asserted against or imposed upon the State of California or any of its officers, agents or employees by any third person or entity arising out of or connected with issuance of this Lease or with Lessee's operations under this Lease or the use by Lessee or its agents, employees or contractors, of the Leased Lands. 23. Taxes: (a) In accepting this Lease, Lessee understands that the interest created herein may be subject to a possessory interest tax imposed by a local or county tax assessor. Any such possessory interest tax imposed shall not reduce any royalty due hereunder and payment of the tax shall be the liability of the Lessee. (b) During the term hereof the Lessee shall pay, when due, all taxes and assessments lawfully made and levied under the laws of the State of California or any political subdivision thereof, and of the United States, against any and all improvements, property or assets of Lessee situated upon the Leased Lands. No such taxes and assessments shall be deductible from royalties or other monetary consideration due under this Lease. Dredging Lease PRC 7624 Page 7 of 8 24. No Warranty Of Title: This Lease is issued upon the application of Lessee and is entered into without a formal title determination. This Lease shall in no way be construed as establishing the extent of the State's claim of title to any real property. The State makes no warranty as to title or rights of possession or quiet enjoyment of the Leased Lands. 25. Assigns and Successors: This Lease shall not be assigned without the express prior written approval of State. Any unauthorized assignment shall be null and void, a breach of this Lease and grounds for termination of this Lease. Upon approval of an assignment by State the covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto; and all parties hereto shall be jointly and severally liable hereunder. 26. Compliance With Laws, Rules And Regulations: Lessee shall comply with all applicable laws, regulations and rules of the United States, the State of California and counties or cities now or hereafter enacted or promulgated, including, without limitations, all applicable provisions of the Public Resources Code, the California Administrative Code, and the Statutes of California, regardless of which agency or government body may have jurisdiction with respect to enforcement. Lessee also agrees that in its employment practice hereunder, it shall not discriminate against any person because of race, color, religion, sex, ancestry or national origin. 27. Captions: The captions in this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and conditions of this Lease. This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission and a duly executed copy has been delivered to Lessee. The submission of this Lease by the State, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to the State shall constitute an offer to the State to lease the Lease Premises on the terms and conditions set forth herein. Dredging Lease PRC 7624 Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have fully executed this Lease. LESSEE: STATE OF CALIFORNIA STATE LANDS COMMISSION Swales Anchorage Marina By: B 1 �� CCQr.� By: Title: /e 5g c'G Title: La!'d MAnagem rpt t ivision Date: 3 ` , n A90 -7, Date: MA's 11 This Lease was authorized by the State Lands Commission on April 9, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal �t Wn I a County of O Lanae No. 5907 On A prt l 13 'a-ooat before me, Leiah boz�J►ch NOA ?,,bVc DATE NAME, TITLE OF OFFICER - E.113., "JANE DOE, NOTARY PUBLIC' personally appeared Mon t-arwelj NAME(S) OF SIGNER(S) ❑ personally known to me - OR - [proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their LEIGH BOZULICH si natures on the instrument the person(s), NOTARY PUBLIC - CALIFORNIA al g ( ) p ( �' ®?COMMISSION#1189152 ? ORANGE COUNTY or the entity p upon behalf of which the H t1 My Comm. Exp. July 5, 2002 person(s) acted, executed -the instrument. WITNESS my hand and official seal. Y --7!e �� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT %ke Lu.,a TITLE OR TYPE OF DOCUMENT 9 NUMBER OF PAGES X 12rd 75 Zoa2. DATE OF DOCUMENT IVO N'9,_ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 O Z m^ U � � n 0 CL a m C N yO L N O � 3 LN 16 0 00 C m 0) LW a U L L U (II 3 0 � N E m N C can) J CD O -j V Y 0 OO O C O N m O cu ; O rn� O m s 0 Lm C OO O EZ t N O O Eo M `Oz a) r 0 x •- cn W O a LLN N mQZQ aJ m to L) U)y O .r Q a) J 0 C7. ul Q Q �Z c� m0 LL J E Q EU O U q c 0 U 2 N G N V } U L U IF, a> m O m O. CD co N is � 0 J ro xi �CQ v R co rn j C .G Cf V M > N N y C a' LL (D a L`m y d m E c 0 0UW m C N C�O1 O m t N mc3' U USC C U) d v m mac 0 Z rn rn c v a O b,C y c a v u U m U �Q 'a o �' U 0 ❑ m m om fn N ri T T N v v m G O E c O U U T a U U �= > N m 60 � U N N N O m m T (A ami T T A m T a c _ o c .� C o m � W C 7 7 y o U m O U 44 > 0 v► Q N V } U L U IF, a> m O m O. CD co N is � 0 J ro a �CQ v R co rn j C .G Cf V M > N C a' LL a L`m y d m 4mb 0 0UW m C N C�O1 O m O N mc3' U USC C d cn m mac 0 Z rn rn c O b,C y c a v u U m U �Q 'a o �' U 0 ❑ Q LL ❑ ❑ _ 1- O Q fn N ri -L- 'LY ` �m 00 mo" E ac E•C mom co � m C y0 p m 19 C m m m U c O a rn v R co rn .G Cf V M > a' LL 06/16/2002 19;24 714-96,0-9618 WATER WORKS DIMING PAGE 01 KA Within 30 bays following confirmation of no viability in tested cores, the treatment area shall be surrounded by a containment screen of no greater porosity than 0.5 mrn and the liner cover shall be removed. lbe. surface sediments withinthe containment area shall be removed to a depth of 25 centimeters using a diver -assisted suction dredge, 3) material, including return water, shall be pumped into a chlorination tank and maintained at a concentration of 0.5% chlorine for a period of not less that d hours prier to upland disposal of treated material or other authorized disposal alternatives. 5. If dredged material is to be removed from the APE and placed elsewhere in the marine enviromnent, then no sooner than 60 days after completion of the dredged area and disposal site, during the next high growth period, the appliewit shall conduct a Surveillance level survey of any disposal areas except where material is disposed of within an existing EPA designated deep ocean disposal site. The specific surrey requirr,ments will be determined by NU FS and CDFG on a case by case basis. This policy does not vacate any additional restrictions on the handling, transport, or disposal of Caaletpa that may apply at the time of permit issuance or in the fixture. It is incumbent upon the permittee to comply with any other applicable State or Federal regulations, restrictions or changes to the Protocol that may be in effect at the time of initiation of authorized activities, aulelrpa Survey Reporting Form (Version 1.0, September 18, 2001) This form is required to be submitted fbr any surveys conducted for the invasive exotic alga Caulerpu taxi, folia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps ofE4neers or Regional Water Quality Control Boards (Regions 8 & 4). The form has been designed to assist in controlling the cosh of reporting while ensuring that the required information Necessary to identify and control any potential impacts of the authorized actions on the spread of C'aulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on. these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). 06/16/2052 18:24 714-960-9615 !'DATER WORKS DIVING PAGE 32 NINO 0 J(AC0FJ`eanft No., RWQC]B Order or Cort. 7NJ� Hydrographic SYsteta: (bay, estuary, lagoon, or harbor -- Specific Location. (LJ'tM, Lat./Long.. demon, eeuracy level, attacb electronic suevey area maga if possible) Was Cauterpa 'des, Coulerpa was found at this site and Detected: (if Caulerrpx is found, plea" has been contacted on date. immediately contact the pmni.ttiag agency project ?Z No, Caulerpa was not found at this site. staff and NMFS or CDFC personuel identified above) Description of Permitted 'Work: describe briefly the work to be conducted at the site der the permits identified above) Description, of Site: 4epth range: i (describe the physical a d °U /'�'e t° biological conditions within the survey area at the tion of /� ` s� f '`� .4 9XI survey sad provide insight into variability, if�� �p v l �" � a�� �,� •4 f known, please provide units 4p, for all numerical k x 1) 4 , c ` , infoxtrtation). ,O.�� 06/16/21002 18:24 714-960-9618 WATER WORKS DIVING PACE 03 Substrate r type; t, mperature: Salinity: ortairtartt cera: Dominant fauna; Exotic species encountered: Other site description notes., eseription of Survey Survey date Effort: and time lease describe the surveys period. Jove ! 'Y 049.2 conducted including type of. ! survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated) percentage of the bottoru actually viewed). Describe any limitations egcauntered during the survey efforts. Horizontal visibility in water: Survey type ., ,q and rnethady,• �9 06/16/2002 1:24 714-960-9616 WATER WORKS DIVING PAGE 04 .� Survey mm personnel: survey densis: p,*'e� -0 L::= Survey limitations: V.Cg other Iufbr;xati08: (else tWs spa`e to provide any additional isaioratsatian or references to attached Mterials such as rMps, reports, etc.) Caulerrpa Survey Reporting Form (version 1.0, 9/18/01) Caulema Eradication in Southern Ca1iflomia Southwest Reign LI-0_Me F-a�eF-a� &�— l —4P2 STATE OF CALIFORNIA -THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 Mr. Tony Melum City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Y DAVIS, Govemor � n July 12, 2002 Subject: Condition Compliance — Coastal Development Permit 5-99-282 & Conformance with Consistency Certification CC -078-99 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC -078-99 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Q cu. ds Ocean Disposal Qty t cu. ds Cumulative Total* for 2002 41011-40 40 Balboa Coves 160 0 105-2700 2700 Shell tre 500 0 `109-15019 E. Bav Ave.300 0 /109-1905 1905 E. Bay160 0 114-350 350 Buena Vista Blvd, 100 0 130-2888 2888 Bays ore Drive 0 1000 151-140'1 1401-1405 N. Bavfront 200 0 153-213 213 E. Bay Front 100 0 153-300 235-305 E Bavfrorit 200 0 154-200 123-201 av t 200 0 175-516 536 Via Lido Nord' 80 0 175-744 744 Via Lido80 0 227-3331 3335 W Pacific Coast wv. 0 200 537-514 514 Thirtv Eiah h St 60 0 Sub -total 2140 1200 Year-to-date total 5190 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certification CC -078-99 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1, 2, and 3 of Coastal Development Permit 5-99-282. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and/or CDP 5-99-282. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and/or CDP 5-99-282 is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincerely, • arl Schwi ng Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year REPLY TO ATTENTION OF; Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LDS ANGELES, CALIFORNIA 90053-2325 July 22, 2002 City of Ne-wTort Divisiork of Harbor Resources Attention: Tony lvlelum PO Box 1768 Newport Beach, California 92658-8915 RE: Reference No. 200201253-CJF Dear lvlr• :Melum: This is in reply to your applications of July 9, 2002, for Department of the Army Permits to cohduct maintenance dredging and ocean disposal, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California, This letter authorizes maintenance dredging at two sites within Newport Bay (see below) ; USA.CE City Site Address Volum Area Beach Ocean Site # Harbor a (Estimate Disposal Disposal Permit # (Cubic I d Square 1 " tst56 bayshore Drive J.wa os 1 577 No es — - - 2 227-3331 3335 W. Padfic Coast 200 2000 No T Yes - LA 3 Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire, A general permit does not grant any property rights exclusive privileges. Also; it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law, -2 - Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. ti /Oj� 40?�I Mark Durham Chief, South Coast Section Regulatory Branch Enclosure STATE OF CALIFORNIA GRAY DAVIS, (3oveinem CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100 -South Sacramento, CA 95625-8202 July 24, 2001 Lisa Miller Shellmaker Inc. 875 B West 15th Street Newport Beach, CA 92663 Dear Ms Miller: PAUL D. THAYER, Executive Officer (916) 574.1800 FAX (916) 574-1610 California Relay Service From TDD Phone 1-840-735-2922 from voice Phone 1-800-735-2929 Contact Phone: (916) 5741900 Contact FAX. (916) 574-1945 File Ref: WP7624 We have reviewed your application to determine if it contains sufficient information to be determined complete as provided by law and the Commission's application requirements. 3. 4. 5. According to our files, the application lacks the following' A detailed project description, including, but not limited to, the methodology for the proposed dredging activity, type of equipment to be used, timing and duration of each dredging event, staging and access areas, precise dredging locations, etc.. Please fill out Part II of the application (those sections that relate to dredging projects) and Part Ill (environmental section) of our CSLC application form (enclosed); Descriptive criteria that will be used to determine the precise disposal location; Information from the California Coastal Commission relative to the dredging part of the activity; An update on the status of the dredging project with the Department of Fish and Game and the U.S. Fish and Wildlife Service The current status of the proposed project with the County of Orange; You will be required to execute a reimbursement agreement for the reimbursement of all costs associated with the processing of this transaction. The Ly, estimated cost for your transaction is approximately $825.00. Our Accounting office will send the agreement to you under Separate cover. Upon receipt and review of the above information, you will be notified if your application is complete. Once your application has been determined complete, the State Lands Commission must act on your application as provided by law. zo-d GTES Obs 6b6 nuI-AOIe-1-1L LayS d10:10 To-60-Bnla July 24, 2001 Page 2 You are encouraged to submit the information listed above at the earliest possible time in order for us to process your application in a timely manner. Please contact me at (916) 574-0234 if you have any questions on this matter - Sincerely, )Ie:nifer Reischman-Lucchesi Public Land Management Specialist CC" Betty Silva Enclosure £O -d 5T£5 evs 6V6 :3uj ..+a>11-LuL LOqS dTO= YO TO-60-6nd STATE OF 6ALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS. GovernoC CALIFORNIA COASTAL COMMISSION South Coast Area Office _w 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 June 15, 2001 Mr. Tony Melum'' Division of Harbor Resources City of Newport Beach P.O. Box 1768 �- Newport Beach, CA 92658-8915 6 Subject: Condition Compliance — Coastal Develop ent �Zrm�lt 5-99-282 & Conformance with Consistency Certification CC -078-99 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC -078-99 for the following sites in the City of Newport Beach: City Site Address Ocean Ocean Cumulative 13 Harbor Disposal? Disposal Disposal? Disposal Tota for Permit # (Yes/No) Qty' (yd (Yes/No) Qty (yds 2001 11 •It•� • 1111111111111111112• 1 1 ::: ::: • - - �• 1 -101915811 1• 19E. Bav •ii��� 1 • 1 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certification CC -078-99 and that no further federal consistency review is necessary from the Commission for the dredging component of the project. In addition, the proposed beach disposal has been reviewed and found by the Executive Director to be consistent with Special Conditions 1, 2, and 3 of Coastal Development Permit 5-99- 282. No further review is necessary from the Commission for the beach disposal components of the project. Please be advised that only the project described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the project may cause it to lose its status as consistent with CC -078-99 and/or CDP 5-99-282. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and/or CDP 5-99-282 is obtained. I -I/ --3 Also, Commission staff note that your submittal on June 6, 2001 included a request for review of dredging and disposal at the beach and at sea for a property located at 1913. E. Bay Avenue (City Harbor Permit No. 109-1913). You previously requested review of this property in your submittal dated March 26, 2001. In a letter dated March 29, 2001, Commission staff previously advised you that additional information —a detailed eelgrass survey- is needed to analyze the consistency of the Not to Exceed 500 cubic yards per dredging and beach disposal event 2 Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event 3 Not to Exceed 20,000 cubic yards per year Condition Compliance - 5-99-282 Consistency Certification Compliance — CC -078-99 Page 2 of 2 activity with CDP 5-99-282 and CC -078-99. Your most recent submittal did not include the survey requested, therefore, Commission staff are unable to process your request. Please refer to our letter dated March 29, 2001 (attached) for additional information regarding this matter. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincere f e Karl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Susan Sturges, U.S. Army Corps of Engineers iT OF d trE, Of REPLY TO DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 9, 2001 Office of the Chief Regulatory Branch City of Newport Beach Attention: Tony Melum P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mr. Melum: This is in reply to your application (File No. 200101222 -ESL) dated June 7, 2001, for a Department of the Army Permit to conduct maintenance dredging, per RGP 54, in Newport Bay, Newport Beach, Orange County, California. This letter authorizes dredging at four sites within Newport Bay (see below). Site Address Cubic Yards Square feet Beach Disposal Ocean Disposal Promontory Ba - Bayside Drive 150 1,500 Yes No 2888 Ba shore Drive 1,000 -6,000 No Yes 1132-1134 E. Balboa Blvd. 150 3,000 Yes No 209 E. Bay Front 105 1,050 Yes No Totals: 1 1,405 11,550 405_ cy 1,000 c -- Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law: -2 - Thank you for participating in our regulatory program. If you have any questions, please contact Erik S. Larsen of my staff at 213-452-3417. Sincerely, Mark Durham Chief, South Coast erection Regulatory Branch r'HrcavR ra1xm1 I Hr -r L -M -A I lury (Please print au inrormauon) i 1 plicant (Property, Owner) 2. Project Add ss (Street Address) 3. New Construction Revision 4. Fee J Check No. Te Harbor Permit Number Maintenance k Dredging Date 5. Brief Description of Proposed Work: Lfa-�- 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L. L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet, Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 - 1/2" x 11 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) Applicant's/Agent's Signature: Date: Joint Permittee Signature (If applicable): Date: . .9.. Work can begin once the City has received evidence of the following additional approvals and you have. been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have'not been contacted for a final inspection: OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission.. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects e applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through- his. own employees, _:provided that such improvements are not intended or offered for sale.. If,. however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). .. I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon,. and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: i/ uWner's Signature: Contractor: Address: License class: State Board No. License Contractor's Declaration Date: Telephone: City License No. I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signature Date: -Cl T Y of IVelypooer B,E.QcH 70; Low eoaA . /n•sr' roP of ex/ST 4g.-.%o .v 0 •wcQow _ s I Z �'.ONNI VICI NJITY SKETCH war"rrr 3 EI,r N/WIORr aAY CAL iAroaNlA jerrr erp0As be%w Mcroh Lowere Law Wofar/.w . A4417X..,s ranyE 0/' ide op�rox��+ro R/�/ /O rwd4. Horoor �•i?es ��+_ ��' are �s�ob/�'gi,ad in �s,:s , stc�ios of'N�wPorf Bay: 4- n,. rAxs _o,.. - - LOT 171 a Sze S4 3'277 _.. - �OYC/1 �A,40VIObVC U S, PVAP AD LINE / 4j _ _---.�XLST - BOAT ?D 4ZZ -4i 15'X/CT CO/t/T4UkS UPPL-'R B.4 Y C.�-N.4N/vCL 0 o ioo 200 L/CA.vT5 C•441A,WNl.4 AE2^„P5477el" . [ oT /71 64X, S!�' T,eacr 3277 - ZB90 a,4ySt VRAF L?A21V Sf-/LGG�i��=Jp -tae AODQE SS - -• GAY R7- -&Z�A7 CH ' LIL L Ca,v7'RAc rc'c DATA 4I0%& CITY OF NEWPORT REACH. HARBOR PERMIT PERMISSION 18 HERESY GRANTED TO "CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, `AT THE SITE INDICATED,.SUBJECT,70 THE PROVISK)NS OF t- THE -HARBOR : PERMR`.POUCIES_OF°NEWPORT: BEACH AND :ANY SPECIAL C[NVDITION&4LISTED HEREON: THIS= PERMIT IS NOT TRANSFERA u WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR COUNCIL THE 11IGHTS GIVEN UNDER THIS PF A RMISSIVE ONLY AND THIS PERMIT MAY YOKE Y E CITY COON 0INACCORDANCE 17 MUNICIPAL COpg, /� � CITY HARBOR COORDINATO PERMIT NO. DATE q�.....� � ,� • ,�.. ; i.,, � � :,:. "` it .� �``. i, }, �'' � � j''c� ,. �, � I°.. � '`; =.�.. ,S .. „ J r A. September 11, 1997 California Coastal Commission Attn: Meg Vaughn South Coast Area Office 200 Ocean Gate, Ste. 1000 Long Beach, CA 90802-4302 Re: Mitigation Fee of $7,414.00 For the Anchorage Marina Project, Newport Beach, California Coastal Development Permit Application #5-96-260 Dear Ms. Vaughn: As required by the Department of Fish and Game (reference their letter of August,27,1997, to the California Coastal Commission), the City of Newport Beach has received from the applicant, Anchor Marina, the check in the amount of $7,414.00. It is our understanding that this is the payment required by them to mitigate their project and as a result you will be issuing the coastal permit. If you have any additional questions regarding the above, please contact me at 714-644-3041. Very Truly Your, 7 Tony Melu Deputy Chief Marine Environmental Division O urb Mrkr� BE o ru rr a� CD 0 ru ru ry O tm 'd tz � a C. y� 00�tA W OD t2l Oct n�- m any w a M� oOD ru f'U m o o y o EM o N { < l State of California Memorandum V\ To California Coastal Commission South Coast Area Office 200 Oceangate, 10' Floor, Ste. 1000 Long Beach, California 90802-4302 From Department of Fish and Game The Resources Agency Date: August 27, 1997 Subject: Mitigation Fee Schedule for the Anchorage Marina Project, Newport Beach, California Coastal Development Permit Application No. 5-96-260 Enclosed, please find the document entitled, "Draft Fee Schedule for Contributing to the North Shellmaker Island Mitigation Fund, Newport Beach, California (August 26, 1997)," hereinafter referred to as the Mitigation Fund. This document describes the method used to calculate the fee schedule for contributing to the Mitigation Fund. The Mitigation Fund is the implementation of a concept that was discussed in our multi -agency meeting at Shellmaker Island on February 21, 1997. The Mitigation Fund is the product of the previous Newport Bay mitigation account, managed by the City of Newport Beach. The previous mitigation account was an "in lieu" fee based system with no designated mitigation site. The Mitigation Fund is based upon implementation of the North Shellmaker Island Restoration Project (Restoration Project). The Restoration Project is based on the "Shellmaker Island Restoration Project, October 29, 1992, prepared by Coastal Resources Management" as mitigation for the Castaways Marina Project. This document is on file with the Coastal Commission, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and National Marine Fisheries Service, and is hereby incorporated by reference as the "draft" for the Restoration Project. Based upon the criteria set forth in the Mitigation Fund, the fee for the Anchorage Marina project is $7,4.14. The fee is payable to the City of Newport Beach (contact Tony Mellum). Upon confirmation of payment to the City of Newport Beach, the Department of Fish and Game accepts the project as mitigated. Be advised that in addition to the Coastal Commission, the U.S. Army Corps of Engineers is a permitting authority for this project. Thank you for your participation in this -process. If you have any questions or comments, please contact me at (707) 882-4056. Original signed by: Troy D. Kelly Environmental Specialist III Enclosure cc: Mr. John Anderson, DFG Mr. Spencer McNeil, USACOE Mr. Mark Sudol, USACOE Mr. Jack Fancher, USFWS Mr. Robert Hoffman, NMFS Mr. Tony Mellum, City of Newport Beach Mr. Rick Ware, Coastal Resources Management Draft Fee Schedule for Contributing to the North Sheurnaker Island Mitigation Fund, Newport Beach, California (August 26, 1997) The following set of criteria were developed to equitably assign mitigation fees to projects that impact coastal wetland resources in Newport Bay.' These projects are subject to the jurisdiction of the U.S. Army Corps of Engineers, National Marine Fisheries Service, U.S. Fish and Wildlife Service, California Department of Fish and Game, California Coastal Commission, and the City of Newport Beach. In the past, mitigation costs for Newport Bay projects were determined by calculating the cost to implement a generic Newport Bay wetland restoration project (i.e., cost of excavating and disposing of materials). The following method uses a similar technique based upon current costs and a specific restoration site in the Upper Newport Bay Ecological Reserve (owned and managed by California Department of Fish and Game) known hereafter as the North Shellmaker Island Restoration Project (Restoration Project). In the past, mitigation fees were deposited into an account managed by the City of Newport Beach. It is anticipated that the previous account (approximately $100,000) will be deposited with current fees into an interest bearing account, hereafter referred to as the Mitigation Fund, until adequate funds accrue to implement the Restoration Project. A minimum economic threshold for implementation of the Restoration Project is $640,900.2 If the aforementioned agencies determine that a phased approach is preferred, it is possible to lower the economic threshold for project implementation. Sufficient area exists on North Shellmaker Island to increase the size of the proposed 3.89 acre Restoration Project. The unit cost to implement the Restoration Project is within a range of $13 to $20 per cubic yard, depending upon variables associated with construction methodology. The range is based on current excavation (using a tractor and clam shell or hydraulic dredging) and disposal (offshore, nearshore, and beach replenishment) costs for projects in the Newport Beach area. If the material is acceptable, the City of Newport Beach has expressed an interest in using it for beach replenishment. It must be noted that there are no land acquisition fees associated with the Restoration Project. The Department of Fish and Game is participating in this Restoration Project as a public trust resource agency for the purpose of creating and restoring coastal wetland resources. Upon review of potential costs for applicants who have expressed an interest in contributing to the Mitigation Fund, it was concluded that small residential projects (such as bulkhead replacement or dock construction) would bear an unfair cost burden compared to commercial development projects. Commercial development projects can amortize costs and recover them over time (e.g., charging fees). In most cases the residential projects are relatively small, yet the mitigation costs may be excessive for individual homeowners. Furthermore, the type of habitat that might be impacted in Newport Bay can range from high value, endangered species habitat to low value, residential beaches. Many residential beaches ` Prepared by Rick Ware of Coastal Resources Management and Troy Kelly of the California Department of Fish and Game in consultation with the agencies listed. 2 Minimum threshold based on a 3.89 acre Restoration Project and unit cost of $13 per cubic yard. rev. 1 were artificially created and are above the tides during most of the year (i.e., above Mean High Tide Line, +4.86 ft relative to Mean Lower Low Water). Therefore, projects that impact ecologically sensitive habitat should be assessed a greater share of the mitigation cost at the same mitigation ratio. This would provide an incentive for the applicant to integrate the least environmentally damaging alternative into their project plans and, secondly, reduce the cost to applicants whose projects will affect habitats of lower ecological value. For all projects, the mitigation ratio has been established at 6:1.3 The objective here is not to reduce the applicant's responsibility in meeting mitigation criteria, but to share mitigation costs in an equitable manner based upon project use (residential or commercial) and impact to existing habitat values. Criteria for contribution to the Mitigation Fund are identified below. Criteria I A unit cost of $20 per cubic yard (see Table 1) will be applied if one or more of the following conditions are present on the project site: 1) The applicant's project is part of a commercial development and the improvements will result in economic benefits to the applicant; 2) The project will impact state or federal candidate, threatened, or endangered species or their habitat, or species of plants and animals identified by state and federal resource agencies to be sensitive biological resources (i.e., grunion or halibut); 3) The project will impact fishery habitat; 4) The project will impact saltmarsh habitats; 5) The project will impact shorebird and/or seabird foraging or nesting habitat; 6) The project will impact subtidal and intertidal habitats below the existing Mean High Tide level (+4.86 ft relative to Mean Lower Low Water). Criteria II A unit cost of $13 per cubic yard (see Table 1) will be applied if the project will impact: 1) Unvegetated, high intertidal habitat above Mean High Tide level; and 2) None of the conditions identified in Criteria I apply to the project. 3 Ratio determined by the U.S. Army Corps of Engineers. Page 2 of 3 rev. 1 Criteria III If a combination of both Criteria I and II occur at the project site, then the total cost will be based upon a proportionate contribution of each Criteria. For example, if part of the impacted acreage is sensitive species habitat and part is unvegetated, high intertidal habitat, then the proportionate contribution of each will be calculated on a cost per acre basis as depicted in Table 1. Exclusion The Mitigation Fund may not be used to mitigate impacts to eelgrass habitat. Mitigation requirements for impacts to eelgrass habitat are identified in the "Southern California Eelgrass Mitigation Policy," prepared by the National Marine Fisheries Service (1992, revised 1996). Method for Calculating Costs The amount that each applicant will contribute to the Mitigation Fund will be based upon the following information. The final cost is a function of the applicant's mitigation responsibility (at a 6:1 ratio), the cost per acre to implement the Restoration Project, and the assigned unit cost based upon the Criteria listed above. The calculations are based upon mitigation area (square feet or acres) since the total volume of the excavation, the total restored area, and the unit cost per cubic foot of material are known variables. Example cost calculations are shown in Table 1. Table 1. Example Cost Calculations for Contribution to the North Shellmaker Island Mitigation Fund, City of Newport Beach. Applicant's Impacted Mitigation Contribution at Contribution at Project Area Acreage $13/cubic yard $20/cubic yard (acres)4 (6:1 ratio) Anchorage 0.0075 0.0450 0.0450 x $164,755 0.0450 x $253,470 Marina - $7,414 $11,406 Di Sano 0.0392 0.2352 0.2352 x $164,755 0.2352 x $253,470 et al. $38,750 $59,616 Bulkhead Known Variables: • Total volume to be excavated for the Restoration Project is 49,300 cubic yards based on Cash & Associates Habitat Construction Plan in Coastal Resources Management Restoration Plan for Shellmaker Island (CRM 1992); • Total acreage to be restored is 169,448 square ft (3.89 acres); • Unit cost will be either $13 or $20 per cubic yard, based upon the defined criteria above; • Total cost of the project at $20/cubic yard = $986,000 for 3.89 acres; • Total cost of the project at $13/cubic yard = $640,900 for 3.89 acres; therefore, • Cost per acre at $20/cubic yard = $253,470; and • Cost per acre at $13/cubic yard = $164,755. 4 Final acreage to be determined by the U.S. Army Corps of Engineers. Page 3 of 3 rev. 1 FIRE AND MARINE OPERATIONS 70 NEWPORT PIER NEWPORT BEACH, CALIFORNIA 92658 PHONE #: 714-644-3047 OR 714-644-3044 FAX # 714-673-3056 FAX COVER SHEET TO: -c FAX: ( FROM: Azl� J-- DATE: NUMBER OF PAGES: REMARKS: _ �� JUN 29 '97'20:26 RON E. PRESTA 714 759-1288 P.2 PRESTA-�TEPPER TRUST PROPERTIES P.O. Box 8928 Newport Beach, CA 92658 714-759-1275 phone 714-759-1288 fax June 27 1997 Shellmaker, Inc. 875 9 West 1 Sth Street Newport Beach, California 92663 RE: Bulkhead Project 2888 Bayshores Drive; Newport Beach, CA �. Dear Lisa; I am writing this letter in response to the mitiation charges that you are quoting for the above referenced project. I would like to request reconsideration of how these charges. are computed. . The building of the replacement wall was a required condition by the City for the recordation of a parcel map for our property (in order to complete the purchase the fee interest from the Irvine Company as Lessor), and the only purpose was protection of a area of land that is part of the property (under a long term ground lease) that our tenant uses for additional parking for marina guests that is 411cent to'a City utility vault. Our tenant collects all rents for the slips, apartments and improvements. We: have no economic benefit from this project, nor is it reimbursable by our: tenant under the terms and conditions of our ground lease, Our tenant does not gain any additional parking, rental land, or useable area. The only one to "benefit" in any is the City of Newport Beach for the protection of its very large utility vault (that wasinstalled very close to the bay),.by putting a new concrete wall seaward of the deteriorating old wooden bulkhead. The entire design and placement of the new concrete wail (on the seaward side of the existing wood wall) was protect that city utility vault -from exposure to the bay. We would be more than happy to meet someone from Fish and Game to physically walk the project area and show them the only benefit is to the City audits utility vault. Sincerel , Ron Presta Jul -17-97 03:36P 5he11-^aker Inc STATE OF CALIFORNIA - TME REsouRCE5__EN0Y CALIFORNIA COASTAL COMMISSION South Cwt Area Offlo* 2D0 Ocaanpste, Sults 1000 Long Sea0h, CA 90602-4302 (462) 590-5071 714 F-9 5315 P_02 ,.. PETE WILSON, Govormr Page: 1 of 3 0WAM Date: May 23, 1997 Permit Application No.: 5-96-260 On 13 May 1997, the California Coastal Commission granted to Ron E. Presta Trust Coastal Development Permit 5.96-260, subject to the attached conditions, for development consisting of: construct novo concrete sheet pile bulkhead 6 feet seaward of an existing, deteriorated bulkhead. The existing wooden bulkhead is proposed to remain in place. The area between the existing and proposed bulkheads will be filled with gravel. The proposed project will result in the loss of 0.01 acres of intertidal habitat:at the subject site. The applicant is proposing to mitigate this loss at s ratio of 6:1 by contributing to the North Shellmaker Island Restoration fund.. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 2888 Bayshore Drive, Newport Beach. The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the permit will be issued. For your information, all the imposed conditions are attached. Issued on behalf of the California Coastal Commission on May 71, 1997. PETER DOUGLAS BY= �' Executive Director Title: Coastal coram Arolyst The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit No. 5-96-260, and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. Jul -17-97 03:36P ShelY tker Inc 714 F--'3 5315 NOPCE OF INTENT TO ISSUIE -PFBMLI Permit Application No. 6-96-260 Page 2 of 3 The permit is not valid and development shalt 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. Diratiorl, If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shell 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.CoMRIlanra. All development must occur in strict compliance with the proposal 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. tcaterptetation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. p1jrtialas. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. B. 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 1grMs and _nndl:dpns W1th 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. Boom ,i .. ., P.03 Prior to issuance of the coastal development permit, the applicant shall submit evidence, for the review and approval of the Executive Director, that the applicant has contributed to the monetary restoration fund established by the Department of Fish and deems, national Marine Fisheries Service, U.S. Fish and Wildlife Service, Army Corps of Engineers, and the City of Newport Beach for the restoration of North Shallmaker Island in Upper Newport Bay Ecological Reserve, Dran9e County, ;z The-4xact`amodnt to be contributed shall�be�'determined'by the Department of Fish `` Jul -17-97 03:36P Shell- -ker Inc 714 5,'`1 5315 P.04 OE INTEW TO ISSUE PIERMIT Permit Application No. 5-96-260 Page 3 of 3 and Game when the Final North Shellmaker Island Restoration Flan, with expected dredge volumes; 'i's completed the amount contributed to the fund will be based upon a cost to dredge and dispose of material. The amount contributed shall be sufficient to restore 0.06 acres of intertidal habitat. AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALF THE LEGAL DEPARTMENT AT (415) 904-5200. MV: 96200noi o:Nmeoffice\winwardltemp1azelrepnoi.doi Printed on May 23, 1997 Jul -17-97 03:37P Shell/`Nker Inc 714 -51-1 5315 P_05 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Ron E. Presta 'Trust Permit Number: 97-00059-SDM Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To install a 1 -foot concrete bulkhead that will supplement a dilapidated wooden bulkhead for continued protection against tidal action of structures on the applicant's property (as shown on the attached drawings). The concrete bulkhead will be installed with its outer face 6 feet seaward of the existing bulkhead. The five feet of space between the new and existing bulkheads will be filled with gravel, which will allow hydrostatic head dissipation between these struchires. The southern end of the new bulkhead will be tied into an existing concrete bulkhead immediately south of the applicant's property line. The northern end will be tied into the wooden bulkhead at the point where the underground sewage pipes cross the existing bulkhead within 2 feet of the applicant`s northern property line (qee attached drawing). Project Location; The project will occur immediately seaward of 2888 Bay Shore Drive, within Newport Bay, in the City of Newport Beach, Orange County, California, Permit Conditions General Conditions; 1. The time limit for completing the authorized activity ends on April 9, 2000. 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. NOM July 16, 1997 City of Newport Beach Marine Department P. O. Box 1768 Newport Beach, CA 92659-1768 Attn- Tony Melum, Tidelands Administrator Re: Anchorage Apartments Mitigation Dear Tony, Enclosed is my client's check for $7,414.00 for the mitigation on the above referenced project. The calculations are taken from Rick Ware of Coastal Resources Management's letter to the Fish and Game dated June 26, 1997 based on $13 per cubic yard at a 6:1 ratio. According to Mr. Ware the proposed project does not impact any sensitive habitats. Furthermore, although my client's project is part of a commercial development, the proposed improvements will not result in any economic benefit to them as evidenced by the enclosed letter. This project was required by the City as a condition precedent to allowing the subdivision of the property. In reality, the project's purpose is to better protect the utility vault. I would appreciate it if you would notify Meg Vaughn of the California Coastal Commission, permit application (#5-96-260) and Spencer McNeil of the Army Corps of Engineers, (permit #97-00059-SDM). Both agencies have approved the project but need notification that the mitigation requirements have been met. If you have any questions, please contact me at 548-5359, Rick Ware at 673-3076, or Ron Presta at 759-1275. Sincerely, Lisa E. Miller President encls. 975 B West 15th street, Newport Beach, California 92663 Phone (714) 546-5359 Fax (714) 546-5315 General Engineering Contractors/License No. 561434/Marine Construction and Dredging COASTAL RESOURCES MANAGEMEN s• SHEET FAX DATE TO: _�_oiv r �eI J� FIRM: FAX NUMBER: FROM: RICK WARE NUMBER OF PAGES: (INCLUDING COVER SHEET) Message: �9 / -r&-1�,-1 CSN l nn.n llf�li .11lrrsi.� fiil . A ,4 a .. ilrrn U :6P';) 4014 Wc7o--t Office Address: 2855 E. Coast Highway. Suite 228 Corona dei -Marl CA 92625 Mailing Addrass: 3334 E. Coast Hijjhway, 0434 Carona clef Mar, CA 92625 Phone (714) 673-63076 Fax (714) 673-8652 � LLQ 3svd iNSNW S38 IiSv Z998EL9PTL 8L:60 L66L/69/LO MARINE BIOLOGICAL & WETLAND EiNVIRONMENTAL CONSULTING Mr. Troy Kelly Wfm2ia DVartment of Fish ad Game 600 Shellma r ROW Nnlxmt Beach, CA. 9660 Jum 26, 1997 RE: Proposed pee Scheedult for Contributing to the City of Newport Bueb Upper Newport fty Mitigation bund Dear Troy: I have prvparod a set of criteria to be used that will equitably Amiga a mitigation cost to projects that veil& contribute to the Upper Newport Bay Mitigation Fund. As you saber from our meeting on May 13, 1997, we determined that the cost of habitat restoration for the Sheilmal er Island Wigation Pra ct was $20.00 ger cubic yard of mataW regardless of habitat t or if the project was at residential or commercial development. The t was based solely upon the need to remove (by dozer and clam sbetl m ing) and haul away .trials to acceptable l;andffis, or for use as bach nouridunent for Newport Beach. amw. Ammer I reviewed potential mitigation costs for applicants who have expused an intuv& in contributing to the nionetaay fund, I concluded that small residential projects (smh as bulkhead replacement or deck construction) would bear afn unfair cost burden compared to colmat weini developnwnt Projects where the costs can be amorbzed and removered over the long -terga by charging fees, for example. In most yes dlte residential projects are relatively s=H, yet the Mitigation on costs at a ratio of 6:1 may be excessive for individual homeowners, Secondly, the type Of habitat that Might be disturbed in Newport Bay can range in value from endangered species habitat to resadmtial bcacWs artificially meted anti vimtally above the tides during inost of the year (i.e., above the Iwim nigh Tide Lime (4.5 ft I .11). ThaWoce, Projects that impact biologically sensitive babit4t should be assessed a greatar share of the mitigation cost at the saame Wtigation ratio. This would provide an incentive for the applicant to inteVW the lit Cnvk0n9=t9d &=9W9 aat ativt Wo their project plans nand secondly, reduce the cost impact on applies whose projects will ,affect low logical value ltabitIlt. For 411 Project&, the Mitigation ratio shall be 6:1. 3334 E. COAST HIGHWAY P4:34 • CORONA DEI- MAF, CALIFORNIA 92629 • PHONFJFAx 714/6%:3,3076 ZO 30Vd iV4DN d SDS -11S0 Z998Ez9t TL 8T:60 i-66TI60/LO Page 2 Mr. Troy Felly Dept of Fish and Game The objective here is not to reduce the applicant's responsibility in meeting mitigation criteria, but to share mitigation costs in an equitable manner based upon project use, ( residential or commercial) as well as the existing habitat value of the area impacted. I believe that the unit cost for theUpper Newport Bay Mitigation Fund should be assigned a cost based on the criteria identified below. Criteria 1 A $20.00 per cubic yard cost will be applied if one or more of the following conditions are present on the project site: (l) The applicant's project is part of a commercial development and the improvements will result in economic benefits to the applicant; (2) The project will impact state -or -federal candidate or listed endangered species or their habitat, or species of plants and animals identified by federal and state resources agencies to be sensitive biological species (Le, grunion or halibut) (3) The project will impact fishery habitat; (4) The project will impact saltmarsh vegetated habitats; (5) The project will impact shorebird and/or seabird foraging or nesting habitat; (6) The project will impact subtidal and intertidal habitats below the existing Mean High Tide level (+4.86 ft relative to Mean Lower Low Water) Criteria 2 A $13.00 per cubic yard of material will be applied if the project will impact.- (1) mpact:(1) unvegetated high intertidal habitat above Mean High Tide level or; 2) if none of the conditions identified in Criteria l apply to the project. Criteria 3 If a combination of both Criteria 1 and 2 occur at the project site, then the total cost will be based upon relative contribution of each Criteria. That is, if part of the acreage, for example is sensitive species habitat, and part is unvegetated, high intertidal habitat. 60 30Vd iNON^J S3� -1SS Z5986L9VTL 8T:60 L66T/60/L0 Page 3 Mr Troy Kelly Dept of Fish and Game Exclusions The mitigation bank fund may not be used to mitigate loss of eelgrass habitat. Mitigation requirements for eelgrass habitat loss are identified in the Southern Qhfvrraia Eelgrass Mitigation Policy, prepared by the National Marine Fisheries Service (1992, revised 1996). METHOD FOR CALCULATING COSTS The amount that each applicant will contribute to the Upper Newport Bay Shellmaker island Mitigation Fund will be based upon the following information. The futai cost is a function of the applicant's mitigation responsibility (6:1 ratio), the cost/acre to restore Shellmaker Island, and the assigned unit cost based upon the above criteria. The calculations, are all based capon mitigation area. (square feet or acres) since the total volume of the excavation, the total restored area, and the unit costs per cubic foot of material are known variables. • The total volume to be excavated for the Shellmaker Island project is 49,300 cubic yards based on Cash & Associates Habitat Construction Plan in Coastal Resources Management restoration plan (CRM 1992); • The total acreage to be restored is 169,448 square ft (3.89 acres); The unit cost will be either $13 or $20 per cubic yard of material, based upon the defined criteria above; The total cost of the project at $20/cy is $956,000.00 for 3.89 acres; • The total cost of the project at $13/cy is $640,900.00 for 3.89 acres; therefore, • The cost per acre at 20/cy is $253,470.00; and • The cost per acre at $13/cy is $164,755.00. Table 1 summarizes the cost breakdown, based upon the above information. VO 39Vd iNSNW SSd 7iSO Z998SL9tTL 8T:60 L66T/60/L8 Page 4 Mr. Troy idly Dept of Fish and Game Please give ane your input regarding the criteria for assigning unit costs for projects as well as the calculations for each applicant's contribution. Sincerely, C Resources Management kck/Wiare principal cc: Tony .Melum, City of Newport Beach Lisa Miller, Shelimaker, Inc. c 30vd iNENW S36 71SS Z9984L9b?L 8Z:60 L66T/69/LQ Table 1. Cost Calculations for Proposed Mitigation Pund Deposits City of Newport Beach Upper Newport Bair Mitigation Fund Applicant's Applicant's Mitigation Applicant's Applicant's Applicant's Project Impacted Acreage at Percentage Contribution Contribution Area (acres) at 6:1 of Total at $13/cy at $20/cy ratio Shellmaker P%}ect Anchorage 0.0075 0.0454 1.16 0.045 ac x 0.0445 ac x Apartments $164,7551ac $253,470/ac $7,414 $11,406 Di Sano 0.0392 0.2352 6.05 0.2352 ac x 0.2352 ac x et al. $164,755/acre 253,4701aere Bulkhead $38,750 $59,616 Please give ane your input regarding the criteria for assigning unit costs for projects as well as the calculations for each applicant's contribution. Sincerely, C Resources Management kck/Wiare principal cc: Tony .Melum, City of Newport Beach Lisa Miller, Shelimaker, Inc. c 30vd iNENW S36 71SS Z9984L9b?L 8Z:60 L66T/69/LQ NEWPORT BEACH FIRE AND MARINE DEPARTMENT February 10, 1997 Shellmaker Inc. 875 B West 15th Street Newport Beach, CA 92663 Re: Bulkhead Permit at 2888 Bay Shore Drive Dear Sirs: We have received your 81/2 x 11 drawing of the proposed bulkhead repair at the above address and it meets the requirements of the City of Newport Beach Marine Environmental Division of the Fire and Marine Department. We are prepared to issue our approval in concept conditioned upon the applicant receiving approval from the County of Orange, the Army Corp of Engineers and the California Coastal Commission. If I can be of further assistance or if you have questions please contact me at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division. HARBOR PERMIT APPLICATION City of Newuort- Reach F; re & Mari nP D=artment- Please Print: (Front & Back) c/o Shellmaker Inc. 875 B W. 15th St. 548-5359 1. App can roperty, Owner ess Newport Beach, Te ep one CA 926,E ` 888 72 2 . Prod ect Address street a ess Har7�or Permit ## 3 New Construction Revision x Maintenance Dredging 4. Fee $410.16 ✓ Check No. eel?/ Date S. Brief Description of Proposed Work: Re tarp exishing failing seawall _r nerihk of Nexpprt Reach r gniraments pertaining to ubdiyiGinn 6. Submit Drawings (3) Include: 1. Location and dimension of proposed structure 2. Location of bulkhead 3. Location of ' property lines and lot size 4. Location of `channel markers within 200 feet of proposed project 5. Existing ground profile, and area and profile of any dredgipV with elevations showing depth relative to MLLW 6 Elevations of top and: bottom of piles and bulkheads with respect to MLLW 7. Aniy special conditions affecting the construction or affecting boating operations 7. Owner Builder/Contractor`Declaration/Insurance Information 7. Applicant's/ east's ignature '7�-�.d�.�d, Prig' Date �� q 8. Work can begin once the City has ce-of the following additional approvals and have been notified to proceed: OFFICE USE ONLY V" Approval in Concept. Date L/ o f,4 Approval Of the City of Newport Beach Council. Date ✓A Approval of the -Army Corps of Engineers. Date '7 �7 Approval of the California Coastal Commission. Date Z 3 Approval of the City's _Public Works Department. Date 1� Approval of the City's Building Department. Datet� 7 County of Orange Date V Issued.Permit ( is stamped drawing)..._. Date Site inspection., P644--!3043for amointment) Date Site Rd'Inspection a Date Conditions: I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as ti�sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or 'improve for the propose for sale.) I, as "owner .of theproperty am exclusively contracting wihicensed contractors to construct the project (Sec. 7044, Business and Professions-Codet�­The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Pro essions Code for this reason: Owner Signature Date Contractor Telephone Address License 'Class State Board No City License No. LICENSED CONTRACTOR'S DFcLARnTIc I hereby, af firm. that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of'Division 3 of the Business and Professsions Code, andnty cense is full force and e feet. Contractor Signature �, Date ti Jul -17-97 03:37P COUNTY She l I' '3ker Inc- 714 F" 9 5315 P-06 at -lessv TWO 491 WOOK DAYS ON" To "Mtae"09 weed W". P'A"%9 TO *WAIN Isom& THM W" VOID T" PORM iT. Z0*a Prosta P.O. Max seza Newport E440h, CA 92689 cowm op WWWOMMOIIRAL P ASUMV POW 46a4�Sss KC 4e blVELOPIMENT SERVICE$ na OOUWy PROPERTY PARMTS erreaRNK Mein Ott** -w mmth Flww Igmt Room 122 am +:Tb§Aoi SANTA ANA, CA`IPORNIA ®2i43�0i OR-F.O. SOX 4041 tANTA ANA. CA 9a 41M gXpMVKpj MONS: Oa►2472 w 43~0776 mv F6 X;17 "16*74A No. Nsepart warbor 1 MA0002 To Install, operate and mt.ineain a cancrets bulkhead at 2988 eayebores Drive within OtsnQe ceurtey W*wpart Umbos 71delaMs, 9es p3,4M* and IWOVIerions attacmd, add t0 tAd ssttsciatiast at MP 1napeotion psrsomwl. 1/ ' y �� yr► PEMW ANO APPRWM PLANS SIMA" W &tAXrVWLWM ON JOB Mfg — PENNYM SHALL CCMWW WIM A7'lONOplenTm ON OO PWWF NO ATT ALL GROUND wow RSQU�P,wool *OVA= ANOM MON- ejf��G c to VAN 04 ttt+coot TM CITY OF NEWPORT BERCH CITY OF NEWPORT BERCH i•• �•• • �: r WEST PR0J6G7 Sl rL=BRY 0-0 N �? BRy I PRCIFI �� IJ C °CERN PIER WEST .5 PROFILE V = 90 VICINITY MRP E�sr ► WCU NW, aLlFWGR JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. /c, 15 SrNxlsr r L: X/17, O. C; S. d• (3 I 0,G' � r A4APAVA Of�ICG L XIS 77 rO IeL �S ,,41N PLAN VIEW 1 = 20' APPLICANT'S NAME P Okl 4-7, PRESTA JOB RDDRESS 2 9 8 15AY PF DATE IO.14-2c, EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 911 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659-1768 August 16, 1996 SUBJECT: NOTICE TO PROCEED (No. 96 -00439 -MS) Dear Mr. Melum: Reference is made to your letter dated June 11, 1996 in which you submitted on behalf of Swales Anchorage at 2888 Bayshore Drive, a notification for the maintenance dredging of 500 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material at LA -3 (latitude 33 31'42" North, longitude 117 54'48" West). Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that the contractor for Swales Anchorage does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Mark F. Sudol of my staff at (213) 452-3418. Please refer to this letter and 96 -00439 -MFS in your reply. Sincerely, h�ll jWk-�s Mark Durham Chief, South Coast Section Regulatory Branch Enclosure(s) PERN,.& T NO. _44:d DREDGING APPLICATION Project Location: 2888 Bayshore Dr. Newport Beach, Ca 92663 Cubic Yards to be Drddged: 500 cubic -yards Method of Dredging:_ Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @,Latitude 33031'4211N Longitude 117054148" W. Method of Material Disposition: Barge to sea. Turbidity Control Method: • Material to be contained in Dump Barge at Dredge Site Effect of dredging on contiguous bulkheading and beaches NONE I, �.� S4 �, M��t��r , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Swales Anchorage SHELLMAKER INC. App scant -type name Contractor -type name June 3, 1996 Signed: �• (Date) Contractor s Representative P ' % Cl T Y ou- Nkwogr r st'r� - � L a � N � ►y; w' �Mr •*" .e.� w � o � .TQ •� Iwt1oA D i0 O ��ra N VICINITY SKETCH Newpoo r b.AY CAL IK'ORN/A S 0 o Ys�S S'Dund/ngs a/1 expiesseo' in feel and Ora le d4P/hs below tiWwav? Lower Low Wa><er. Afaz& cdjm ronye of lids aP�roxinro�dy AO roar,(/0 Harbor r7es ore ! a JO b/� Shed is 71h: s J&ChO r oPNaWAl 60r . V OIL- OA a.O 0040 i �0 tom? 0 • �` co a ®AYSHORE s • ANCNORAOE A APARTMENTS LOCKon KE5T1100115 YACHT MoK6w • a s �12fiIvJG r' �r 1 N /7 N All; N I! R // M • 7 L f I ! f I M S TitACT Joe Aoo . Ess I CITY or NEVVPoRT BEACH ARK®R PER PERMISSION IS { REBY GRANTED TO CONSTRUCT AND MAINTAIN TME FACII ITY SHOWN ON TME REVERSE HEREOOF F, INDICATED. SUBJECT TO THE PROBEACHN AND AT TME SITE POLICIES OF NEWPORTT PERMIT TILE HARBOR PERMIT RITTEN CONSENT OF PECiAI CONDITIONS LISTED HEREON. ANY S% VViTHOUT CITY COUNCI IS N, ANSFERABIx O O THE CITY HARBOR COORDINAT IT E 1, - ISS CII RIGHTS GIVEN UN R THIS 0 D BY THE CI CO Y BE R 1 _0 THE MU IP CODE -_ -- - - - AND THIS PERMIT TI IN ACCORD CE_ PPRMIT NO. Kk Mi T ISSUED SUB= To - ;i DREDGE MATERIAL7NG k HAULED PLACED ON' BUZK RONALD J. LEJMAN, R.G.E. DAVID. H. LEE, R.G.E. - MICHAEL B. MOSCROP LECJ M A N AND LEE INCORPORATED GEOTECHNICAL ENGINEERS - May 15, 1996 Ms. Lisa Miller SHELLMAKER, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 COLIN E. CUNNINGHAM THOMAS A. NEWSOM, C.E.G. ENGINEERING GEOLOGISTS Our Project 96-06-04 Via Facsimile and Mail SUBJECT: Grain Size Test Results for Soil Sample Obtained from 2888 Bayshore Drive, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis perfornied on the soil sample provided to us by your firm. The test procedure was in accordance with ASTM D422-63 (1990) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached. data. Respectfully submitted, LEJMAN AND LEE, INCORPORATED Rev e ed by: IV VESSIpNA H. 4F�,e`yc Michael Moscrop David H. "' N�GE6'f0— Laboratory Manager Geotechnic ngf9e13"37-00 * l®rECHN��'���P f OF CAUFO Attachments: Plate 1 --Grain Size Summary Plate 2 --Cumulative Grain Size Distribution F:\APPSXOFFICE\FRAN\96-06-00\04GRNLT.WPD 23011 Moulton Parkway . Suite 1-4 . Laguna Hills . CA 92653 . (714) 5e1-5730 . Fax (714) 768-6146 .y GRAIN SIZE SUMMARY 0.7t Gravel 98.71 Sand 0.6t Silt -Clay Sample provided to Lejman and Lee, Inc.. in a bulk bag by Shellmaker, Inc. Sample consists of a light olive brown fine sand with some seashell fragments and was obtained from 2888 Bayshore Drive, Newport Beach, California at a depth of -3 to -5 feet MLLW. ' LEJMAN AND LEE L- J_H_0 O R P 0 R AT t D OCOT<OHNICIAL KNOINKCR>s For: SHELLMAKER, INC. GRAIN SIZE SUMMARY PROJECT:96-06-04 MAY,1996 PLATE 1 % Material Cumulative Opening Size Sieve Retained Percent (mm) Phi Mesh by Weight Retained 4.75 -2.25 4 0.2 0.2 Gravel 2.83 -1.5 7 0.4 0.6 2.00 -1.0 10 0.1 0.7 1.41 -0.5 14 0.4 1.1 1.00 0.0 18 0.6 1.7 0.71 0.5 25 1.0 2.7 0,50 1.0 35 3.1 5.8 Sand 0.35 1.5 45 5.5 11.3 0.25 2.0 60 20.2 31.5 0.177 2.5 80 39.6 71.1 0.125 3.0 120 22.2 93.3 0.088 3.5 170 5.7 99.0 0.074 3.75 200 0.4 99.4 dl -clay __rSilt <0.074 <3.75 <200 0.6 100 0.7t Gravel 98.71 Sand 0.6t Silt -Clay Sample provided to Lejman and Lee, Inc.. in a bulk bag by Shellmaker, Inc. Sample consists of a light olive brown fine sand with some seashell fragments and was obtained from 2888 Bayshore Drive, Newport Beach, California at a depth of -3 to -5 feet MLLW. ' LEJMAN AND LEE L- J_H_0 O R P 0 R AT t D OCOT<OHNICIAL KNOINKCR>s For: SHELLMAKER, INC. GRAIN SIZE SUMMARY PROJECT:96-06-04 MAY,1996 PLATE 1 i' or .y FOR INFORMATION, PLEASE CONTACT: Lynda Smallwood 100 Howe Avenue, Suite 100 -South Sacramento, California 95825-8202 (TDD/TT) -1-800-735-2929 (916) 574-1923 SUMMARY MEETING OF THE CALIFORNIA STATE LANDS COMMISSION STATE CAPITOL ROOM 437 SACRAMENTO, CALIFORNIA KATHLEEN CONNELL, STATE CONTROLLER, CHAIR GRAY DAVIS, LIEUTENANT GOVERNOR, MEMBER CRAIG L. BROWN, DIRECTOR OF FINANCE, MEMBER May 9, 1996 ORDER OF BUSINESS 3:30 P.M. - OPEN SESSION (PUBLIC MEETING) CALENDAR ITEM REFERENCES TO AB 884 DENOTE THE PERMIT STREAMLINING ACT (CALIFORNIA GOVERNMENT CODE SECTIONS 65920 ET SEQ.). IF YOU HAVE A DISABILITY AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT OF 1990, SUCH AS A HEARING IMPAIRMENT, FOR WHICH YOU MAY NEED SPECIAL ASSISTANCE OR REASONABLE ACCOMMODATION, PLEASE NOTIFY THE COMMISSION AS SOON AS POSSIBLE PRIOR TO THE MEETING. IF SUCH NEED REQUIRES THE USE OFA SIGN LANGUAGE INTERPRETER, AN INTERPRETER WILL BE PROVIDED UPON REASONABLE ADVANCE NOTIFICATION. II. CONFIRMATION OF MINUTES FOR THE MEETING OF FEBRUARY 27, 1996. 1 III. CONSENT CALENDAR C01 - C82 THE FOLLOWING ITEMS ARE CONSIDERED TO BE NON -CONTROVERSIAL. LAND MANAGEMENT C01 GERALD W. AND PAULA C. HENDERSON (APPLICANT): Consider application for a ten-year General Lease - Protective Structure and Recreational Use, effective June 1, 1996, of a 0.07 -acre parcel, more or less, of tide and submerged land located in Steamboat Slough near Walnut Grove, Sacramento County; for continued use and maintenance of existing floating dock, gangway, and bank protection. Consideration: Bank protection - public use and benefit, with the State reserving the right to set a monetary rental if the Commission finds it to be in the State's best interest; Recreational pier - No monetary consideration pursuant to Public Resources Code Section 6503.5. (L. Burks; WP 6977.9) (RA# 10595) (AB 884: N/A) (A 8; S 4) CO2 IRONHOUSE SANITARY DISTRICT (APPLICANT): Consider application for a 25 -year General Lease - Public Agency Use, effective August 1, 1996, of a parcel of tide and submerged land located in Dutch Slough, Jersey Island, Section 18, T2N, R3E, MDM, Contra Costa County; for proposed installation of a 24 -inch diameter treated effluent pipeline to provide reclaimed water for irrigation and wildlife habitat enhancement purposes on Jersey Island, and placement of approximately 1,500 cubic yards of rock riprap on each side of the pipeline for additional pipe protection. Consideration: Public use and benefit, with the State reserving the right to set a monetary rental if the Commission finds it to be in the State's best interest. (L. Burks; W 24958) (RA# 21794) (AB 884:10/11/96) (A 15; S 7) CO3 SOPHIE OLSON (LESSEE): Consider the continuation of rental for Lease No. PRC 3581.1 of $276 per annum, effective July 22, 1996, for a ten-year General Lease - Recreational Use, of tide and submerged land located in the Sacramento River, Lots B and 11, Walnut Acres Estates, Sacramento County, for maintenance and operation of an existing floating dock. (L. Burks; PRC 3581.1) (AB 884: N/A) (A 9; S 6) C04 CHRIS J. AND MELODIE K. RUFER, TRUSTEES OF MKG TRUST (LESSEE): Consider application for a ten-year General Lease - Protective Structure and Recreational Use, effective September 12, 1994, of a 0.06 -acre parcel, more or less, of tide and submerged land located in the Sacramento River, Lot 22, Natomas Riverside Subdivision 3, Sacramento County; for proposed construction of single berth floating dock and placement of additional bank protection, and continued use and maintenance of existing floating dock and bank protection. Consideration: Bank Protection - Public use and benefit, with the State reserving the right at any time to set a monetary Cental if the Commission finds such action to be in the State's best interest; Recreational Pier - No monetary consideration pursuant,to Public Resources Code Section 6503.5. (L. Burks; WP 6037.9) (RA# 06994) (AB 884: N/A) (A 5; S 6) C05 EUGENE AND MARY SCOGGINS AND NANCY HULME (LESSEES): Consider application for a five-year General Lease - Recreational Use, effective March 1, 1996, of a 1.02 -acre parcel, more or less, of filled and unfilled tide and submerged lands located in Old River near Kings Island, Contra Costa County; for continued use and maintenance of existing floating docks, recreational facilities and bank protection. Consideration: $3,520 per annum. (L. Burks; WP 6944.1) (RA#21192) (AB 884: N/A) (A 10; S 5) N C06 WTG-WEST, INC. (LESSEE): Consider acceptance of a Quitclaim deed and termination of Lease No. PRC 7336. 1, effective October 2, 1994, for a 49 -year General Lease - Right -of -Way Use, of tide and submerged land located in the Cosumnes, Mokelumne and San Joaquin Rivers, Sacramento and San Joaquin Counties; for the proposed installation of a two-inch fiber optic telecommunication cable. Said lease would otherwise expire on September 30, 2038. (L. Burks; PRC 7336.1) (AB 884: N/A) (A 8, 10; S 4, 5) C07 JUDITH K. TOPOL DBA LIGHTHOUSE CENTER (LESSEE): Consider application for an Amendment to Lease No. PRC 3495. 1, General Lease - Commercial Use, to authorize the use of the existing pier for loading and unloading passengers from the Tahoe Gal Tour Boat and modification of rent; effective June 1, 1996. Consideration: Minimum annual rent of $1,575 with a percentage of gross income and rent reviews. (G. Cooper; PRC 3495.1) (AB 884: N/A) (A 4; S 1) C08 MILO SEDGWICK GATES, TRUSTEE OF THE GATES QUALIFIED PERSONAL RESIDENCE TRUST (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective August 22, 1995, of submerged land located in Lake Tahoe, Tahoe City, Placer County; for continued use and maintenance of pier and boathouse and retention of two existing, previously unauthorized mooring buoys. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5.(G. Cooper; PRC 5913.9)(RA#14395)(AB 884:10/14/96)(A4; S 1) C09 GEORGE MONTGOMERY (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective December 19, 1995, of submerged land located in Lake Tahoe, Tahoe Pines, Placer County; for continued use and maintenance of two existing mooring buoys. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (G. Cooper; PRC 6925.9) (RA# 13495) (AB 884: N/A) (A 4; S 1) C10 MIRIAM F. ROGERS, TRUSTEE FOR THE MIRIAM F. ROGERS TRUST, DATED AUGUST 20, 1987, SARAH J. ERICKSON, KATHLEEN ENGLISH, GARTH JAMES STEVICK AND CHRISTOPHER D STEVICK (APPLICANTS): Consider application for a ten-year Recreational Pier Lease, effective August 22, 1995, of submerged land located in Lake Tahoe, McKinney Bay, Placer County; for continued use and maintenance of one existing mooring buoy. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (G. Cooper; PRC 7421.9) (RA# 05795) (AB 884: N/A) (A 4; S 1) C11 SALVATORE AND SHIRLEY SCURTI (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective August 8, 1996, of submerged land located in Lake Tahoe, Tahoe City, Placer.County; for continued use and maintenance of one existing mooring buoy. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (G. Cooper; PRC 5728.9) (RA# 14295) (AB 884: N/A) (A 4; S 1) C12 LOLITA M. SMITH, JOHN S. SMITH AND DOROTHY A. RAYNER (LESSEE): Consider revision of rental from $723.19 per annum to $814.00 per annum, effective January 3, 1996, for Lease No. PRC 3637. 1, a 15 -year General Lease -Recreational, for one pier and five mooring buoys, on submerged land located in Lake Tahoe, Tahoma, Placer County. Five-year rent review. (G. Cooper; PRC 3637.1) (AB 584: N/A) (A 4; S 1) C13 JAMES R. AND VIRGINIA A. WALSH, TRUSTEES OF THE WALSH TRUST, DBA: NORTH TAHOE MARINA, INC. (LESSEE): Consider application for an amendment to Lease No. PRC 5856.1, a 20 -year General Lease - Commercial Use, to repair existing pier, effective May 9, 1996 of a 1.59 -acre parcel, more or less, of submerged land located in Lake Tahoe, Tahoe Vista, Placer County. (G. Cooper; PRC 5856.1) (RA# 14095 ) (AB 884: Not applicable at time of print) (A 4; S 1) 3 C14 FELTON MARK WYATT (LESSEE): Consider the continuation of rental of $302.40 per annum, effective December 23, 1995, for Lease No. PRC 5267. 1, a 15 -year General Lease - Recreational Use, for a pier and bath house on submerged land located in Lake Tahoe, Cedar Flat, Placer County. Five-year rent review. (G. Cooper; PRC 5267.1) (AB 884: N/A) (A 4; S 1) C15 ALL AMERICAN PIPELINE COMPANY (LESSEE): Consider the continuation of rent in the amount of $275.76, per annum, effective October 10, 1995, for Lease No. PRC 6783. 1, a 30 -year General Lease - Right -of -Way Use, for operation and maintenance of a 30 -inch diameter pipeline to transport crude oil for refinement on a 0:53 -acre parcel, more or less, of filled sovereign land located in the historic channel of the Colorado River near Blythe, Riverside County. (B. Dugal; PRC 6783:1) (AB 884: N/A) (A 80; S 37) C16 CALIFORNIA AMERICAN WATER COMPANY (LESSEE): Consider revision of rental from $4,239 per annum to $5,022 per annum, effective May 29, 1996, for Lease No. PRG 4223. 1, a 49 -year Right -of -Way Lease, for a 24 -inch water pipeline, of a 1.06 -acre parcel, more or less, of tide and submerged land located in San Diego Bay, San Diego County. Seven-year rent review. (B. Dugal; PRC 4223.1) (AB 884: N/A) (A 78; S 39) C17 CASTLE MOUNTAIN VENTURE, % VICEROY GOLD CORPORATION (LESSEE): Consider revision of minimum rental from $10,000 per annum to $10,986 per annum, and the continuation of $100 per acre foot for any water extracted exceeding 100 acre feet, effective April 3,1996, for Lease No. PRC 7519.2, a ten-year General Lease4ndustrial Use, for the continued use and maintenance of water wells, on 640 acres, more or less, of State school land located in the Castle Mountain area located southeast of Ivanpah, in the eastern Mojave, San Bernardino County. (B. Dugal; PRC 7519.2) (AB 884: N/A) (A 61; S 25) C18 CHEVRON U.S.A., INC., A CORPORATION (ASSIGNOR): UNION OIL COMPANY OF CALIFORNIA (UNOCAL) (ASSIGNEE): Consider application for the assignment of Lease No. PRC 3116. 1, a General Lease - Right -of -Way Use, for a 16.56 -acre parcel, more or less, of tide and submerged land in San Pedro Bay, Huntington Beach, Orange County, for the continued use and maintenance of existing submarine pipe lines, water line and a power cable which serve Platform Eva. Consideration: $54,552 per annum, five-year rent review. (B. Dugal; PRC 3116.1) (AB 884: N/A) (A 67; S 35) C19 "CHEVRON U.S.A., INC., A CORPORATION (ASSIGNOR): UNION OIL COMPANY OF CALIFORNIA (UNOCAL) (ASSIGNEE/LESSEE): Consider application for the assignment and renewal of lease terms for Lease No. PRC 3394.1, a General Lease -Right -of -Way Use, for a 2.67 - acre parcel, more or less, of tide and submerged land in San Pedro Bay at the mouth of the San Gabriel River, Orange County, for the continued use and maintenance of existing submarine pipe line and a power cable which serve Platform Esther. Consideration: $1,950 per annum, five-year rent review. (B. Dugal; PRC 3394.1) (AB 884: N/A) (A 58; S 37) C20 POINT ARGUELLO PIPELINE COMPANY, %CHEVRON COMPANY (LESSEE): Consider revision of rental from $33,102 per annum to $27,048 per annum, effective February 1, 1997, for Lease No. PRC 6942.1, a 25 -year General Lease -Right -of -Way Use, of tide and submerged land located in the Pacific Ocean near Point Conception, Santa Barbara County, which is the site of an existing 24 -inch oil pipeline linking Platform Hermosa to the shoreline. (B. Dugal; PRC 6942.1) (AB 884: N/A) (A 35; S 18) 4 C21 POINT ARGUELLO PIPELINE COMPANY, % CHEVRON COMPANY (LESSEE): Consider revision of rental from $32,184 per annum to $26;302 per annum, effective February 1, 1997, for Lease No. PRC 6943. 1, a 25 -year General Lease -Right -of -Way Use, of tide and submerged land located in the Pacific Ocean near Point Conception, Santa Barbara County, which is the site of an existing 20 -inch natural gas pipeline linking Platform Hermosa to the shoreline. (B. Dugal; PRC 6943.1) (AB 884: N/A) (A 35; S 18) C22 SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rental from $70,000 per annum to $82,178 per annum, effective January 1, 1997, for Lease No. PRC 2180. 1, a 49 -year General Lease -Industrial Use, of an 88 -acre parcel, more or less, of tide and submerged land located offshore from Mandalay Beach, Ventura County, for existing marine petroleum terminal. (B. Dugal; PRC 2180.1) (AB 884: N/A) (A 37; S 19) C23 SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rental from $18,262 per annum to $22,196 per annum, effective April 24, 1996, for Lease No. PRC 4196. 1, a 20 -year General Lease - Industrial Use, for the operation and maintenance of cooling water conduits, of 5.74 acres, more or less, of tide and submerged land located in the Pacific Ocean at Ormand Beach, Ventura County. (B. Dugal; PRC 4196.1) (AB 884: N/A) (A 37; S 19) C24 UNION OIL COMPANY OF CALIFORNIA (ASSIGNOR) TORCH OPERATING COMPANY (ASSIGNEE): (1) Consider application for the assignment and amendment to Lease Nos. PRC 3997, PRC 4017, PRC 4324 and PRC 6417, General Leases - Right -of -Way Use, for the continued use and maintenance of existing submarine pipelines, water lines and electric lines, consisting of a total of 162.04 -acres, more or less, of tide and submerged lands in Santa Barbara, Orange, and Ventura Counties; (2) Consider application for the assignment of and amendment to Lease No. PRC 5967, a General Lease Industrial Use, for the continued use and maintenance of existing submarine pipelines, water lines and electric lines, of 23.59 acres, more or less, of tide and submerged land located in Ventura County; and (3) Consider application for the assignment of and amendment to Lease Nos. PRC 7493 and PRC 7681, General Leases, Right -of -Way Use, for the continued use and maintenance of natural gas pipelines, consisting of a total of 1.0 acre, more or less, of State sovereign land in Contra Costa, San Joaquin, Fresno, and Madera Counties. (Dugal, PRC 3997. 1, PRC 4017. 1, PRC 4324. 1, PRC 5967. 1, PRC 6417. 1, PRC 7493. 1, PRC 7681.1) (AB 884: N/A) (A 10, 26, 30, 35, 36, 37; S 5, 7, 16, 18, 33) C25 UNION OIL COMPANY OF CALIFORNIA (ASSIGNOR) NUEVO ENERGY COMPANY (ASSIGNEE): Consider approval of the assignment and amendment of State Oil and Gas Lease Nos. PRC 3033, PRC 3095, and PRC 3413 and Right -Of -Way Lease Nos. PRC 3116 and PRC 3394, Orange County. (Willard; PRC 3033. 1, PRC 3095. 1, PRC 3413. 1. PRC 3116. 1, PRC 3394.1) (AB 884: N/A) (A 37, 58; S 33, 37) C26 E. L. YEAGER CONSTRUCTION COMPANY, INC. (APPLICANT): Consider application for a one-year, seven-month General Lease -Temporary Right -of -Entry Use, effective May 1, 1996, of a 35 -acre parcel, more or less, of State-owned lieu land located in Section 11, T9N, R2W, SBM, City of Barstow, San Bernardino County; for depositing, grading, compacting and leveling a maximum of 200,000 cubic yards of engineered fill material. (B. Dugal; W 25269) (RA# 08595) (AB 884: 06/16/96) (A 34; S 17) 5 a N C27 GALILEE HARBOR COMMUNITY ASSOCIATION (APPLICANT): Consider extension of time to perform dredging of 1,778 cubic yards from granted mineral reservation land in Richardson Bay, City of Sausalito, Marin County; disposal of dredged material to be at United States Army Corps of Engineers approved Alcatraz Disposal Site (SF 11). (M. Howe; PRC 7758.9) (RA# 12295) (AB 884: N/A) (A 6; S 3) C28 GARY N. AND DOROTHY L. KNIGHT (LESSEES) Consider revision of rental for Lease No. PRC 6101.1 from $89.50 per annum to $124.00 per annum, effective October 1, 1996, for a 15 -year General Lease - Recreational Use, for a boat dock and walkway, on land located in the Sacramento River near Verona, Sutter County. Five-year rent review. (D. Jones; PRC 6101.1) (AB 884: N/A) (A 5; S 6) C29 _ CITY OF LATHROP (APPLICANT): Consider the boundaries and proposal to annex tidelands and submerged lands in the bed of Old River and the San Joaquin River into the City of Lathrop, San Joaquin County. (D. Jones; W 2400.192) (AB 884: N/A) (A 17; S 5) C30 RALEYS CORPORATION, A CALIFORNIA CORPORATION: Consider application for an amendment to Lease PRC No. 6002. 1, General Lease - Commercial. Use, to authorize the temporary location of up to five electric power poles, effective April 23, 1996, of a parcel of tide and submerged land in the Sacramento River, Yolo County. Consideration: $8,937 per annum; five-year rent review. (D. Jones, PRC 6002.1) (A 4, S 4) C31 RIVERBANK HOLDING COMPANY (LESSEE AND SUBLESSOR); ROB SMELSER DBA THE CAPTAIN'S BOATHOUSE (SUBLESSEE): Consider application for a three-year sublease to General Lease - Commercial Use, Lease No. PRC 6427. 1, effective October 1, 1995; of a parcel of tide and submerged land located in the Sacramento River, Sacramento County; for the sale of yachts, boats, and related equipment and activities associated therewith. (D. Jones; WP 6427.1) (AB 884: N/A) (A 9; S 6) C32 CITY OF WEST SACRAMENTO (APPLICANT): Consider the boundaries and proposal to annex tidelands and submerged lands in the Sacramento River into the City of West Sacramento, Yolo County. (D. Jones; W 2400.191) (AB 884: N/A) (A 8; S 4) C33 EDWARD M. ESOLA (ASSIGNOR); BARRY KISER AND DARRELL KISER (ASSIGNEE): Consider application for the assignment of Lease No. PRC 6687, General Lease - Recreational and Residential Use, effective January 25, 1996, of a 0.02 -acre parcel, more or less, of tide and submerged land located in the Sonoma Creek at Wingo, Sonoma County; for use and maintenance of existing cabin and walkways. Existing lease runs 20 years from September 1, 1983. Consideration: $165 per annum, five-year rent review. (J. Lam; WP 6687.1) (RA# 13895) (AB 884: N/A) (A 7; S 2) C34 NATALIE MILLER (APPLICANT): Consider application for a ten-year General Lease - Recreational Use, effective April 15, 1996, of a 0.03 -acre parcel, more or less, of tide and submerged land located in the Petaluma River at Lakeville, Sonoma County; for proposed reconstruction and maintenance of a pier, ramp and floating dock. Consideration: $123 per annum, five-year rent review (J. Lam; WP 3696.1) (RA# 10795) (AB 884: 10/02/96) (A 6; S 3) 0 C35 ELIZABETH WORLEY (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective August 30, 1994, of tide and submerged land located in the Petaluma River at Black Point, Marin County; for continued use and maintenance of an existing walkway and float. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (J. Lam; WP 3552.9) (RA# 09295) (AB 884: N/A) (A 6; S 3) C36 WILLIAM J. CRABTREE AND HELEN CRABTREE, TRUSTEES OF THE WILLIAM AND HELEN CRABTREE 1981 FAMILY TRUST (APPLICANTS): Consider application for a ten-year Recreational Pier Lease, effective December 12, 1995, of submerged land, located in Lake Tahoe at Moana Beach near Tahoma, Placer County; for the continued use and maintenance of a pier, boatlift, and two mooring buoys. Consideration_ : No monetary consideration pursuant to Public Resources Code Section 6503.5. (J. Ludlow; PRC 7450.9) (RA# 17894) (AB 884: N/A) (A4;S1) C37 ELSIE M. FABIAN AND MICHAEL H. FABIAN, CO -TRUSTEES OF TRUST AGREEMENT AND DECLARATION OF TRUST DATED MAY 13,1971 (APPLICANT): Consider application for a ten-year Recreational Pier Lease effective May 1, 1996 of a parcel of submerged land located in the bed of Lake Tahoe at Homewood, Placer County; for the continued use and maintenance of an existing pier, boathouse and mooring buoy. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (J. Ludlow; PRC 4172.9) (RA# 03495) (AB 884: N/A) (A 4; S 1) C38 A. HUNTER LAND II (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective March 1, 1997, of submerged land located in the bed of Lake Tahoe, Carnelian Bay, Placer County; for continued use and maintenance of a pier and boathouse. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5 (J. Ludlow; PRC 3674.9) (RA# 12695) (AB 884: N/A) (A 4; S 1) C39 ART NARVAEZ AND JOHNNIE NARVAEZ (LESSEE): Consider application for an amendment to Lease No. PRC 5414. 1, General Lease -Commercial Use, to relocate an existing, previously authorized floating dock and fixed pier, effective May 1, 1996, of a parcel of tide and submerged land located in the Albion River, Mendocino County. Consideration: $1,584.00 per annum, five-year rent review. (J. Ludlow; PRC 5414.1) (RA# 12495) (AB 884: 10/11/96) (A 1; S 2) C40 TERRY R. PEETS AND DIANE M. PEETS, TRUSTEES OF THE TERRY R. PEETS AND DIANE M. PEETS TRUST AND MICHAEL C. SCROGGIE AND KATHLEEN J. SCROGGIE,TRUSTEES OF THE SCROGGIE FAMILY TRUST, AND JEAN E. HAGLER, TRUSTEE UNDER THAT CERTAIN AMENDED TRUST AGREEMENT DATED MAY 26, 1983 (APPLICANTS): Consider application for a ten-year Recreational Pier Lease, effective October 12, 1995, of submerged land located in Lake Tahoe, Meeks Bay, EI Dorado County; for continued use and maintenance of one joint -use pier and one mooring buoy. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5.(J. Ludlow; PRC 6120.9) (RA# 10995) (AB 884: N/A) (A 4; S 1) C41 SIMPSON PAPER COMPANY (LESSEE): Consider the continuation of a rental of $2,257.92, per annum, effective October 21, 1996, for Lease No. PRC 3393.1, a 30 -year General Lease - Right -of -Way Use, of tide and submerged land located in the Pacific Ocean near Eureka, Humboldt County. Five-year rent review. (J. Ludlow; PRC 3393.1) (AB 884: N/A) (A 1; S 2) 7 0 C42 HANS J. & UTE W. ZAPF, TRUSTEES OF THE ZAPF FAMILY REVOCABLE TRUST (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective September 19, 1995, of submerged land located in the bed of Lake Tahoe, Tahoe City, Placer County; for continued use and maintenance of an existing pier and two buoys. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (J. Ludlow; PRC 4456.9) (RA# 11695)(AB 884: N/A) (A 4; S 1) C43 RIVERBEND RANCH, A CALIFORNIA LIMITED PARTNERSHIP; STATE OF CALIFORNIA (PARTIES): Consider approval and execution of a title settlement agreement between Riverbend Ranch, a California Limited Partnership and the State of California, involving land in and adjacent to the bed of the San Joaquin River, Madera County. (McKown, Fossum; W 24128) (AB 884: N/A) (A 25; S 12) C44 SHELL OIL COMPANY (APPLICANT): Consider application for an assignment of Lease No. PRC 4908. 1, General Lease - Industrial Use, for the operation of a marine terminal facility located on 19.27 acres, more or less, of tide and submerged lands in the City of Martinez, Contra Costa County, to Shell Martinez Refining Company, and the amendment of the lease description and revision of rental for the lease from $60,000 per annum to $85,212 per annum, effective August 1, 1994. (Plummer; PRC 4908.1); (AB 884: N/A) (A 11; S 7 ) C45 THEODORE POLOS, TRUSTEE OF THE THEODORE POLOS AND ALMA JEAN POLOS TRUST CREATED PURSUANT TO THAT CERTAIN TRUST AGREEMENT DATED SEPTEMBER_ 19,1974; CHRIS SPIROS, AS TRUSTEE OF THE CHRIS SPIROS.REVOCABLE TRUST AND GEORGENE FETTIS, AS TRUSTEE OF THE GEORGENE FETTIS TRUST DATED DECEMBER 1, 1995 (APPLICANTS): Consider application for an eight-year, nine- month General Lease - Commercial Use, effective March 31, 1996, with six, five-year renewal options, of a 0.25 -acre parcel, more or less, of filled tide and submerged land located in the Pacific Ocean in the City of Malibu, Los Angeles County; for continued operation of a restaurant, parking lot and rock riprap shore protection. Consideration: $1,000 per month for the first six months; thereafter $4,500 per month against 10 percent of the gross income apportioned by the area of State land over the total area of the development. (A. Scott, C. Fossom; W 23479) (AB 884: N/A) (A 41; S 23) C46 CALIFORNIA DEPARTMENT OF FISH AND GAME (APPLICANT): Consider application for a 20 -year General Lease - Public Agency Use, effective June 1, 1996, of ninety parcels totalling 21.50 acres, more or less, of tide and submerged land in the Pacific Ocean, Pt. Mugu, Ventura County; for construction of experimental artificial reefs. Consideration: Public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. (J. Smith; W 25061) (AB 884: 09/02/96) (A 37; S 19) C47 FRANK T. KERSHNER (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective July 16, 1992, of submerged land located in Huntington Harbour, Orange County; for continued use and maintenance of a boat dock. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5 (J. Smith; WP 3174.9) (RA# 13191) (AB 884: N/A) (A 67; S 35) C48 CHARLES R. AND PEARL L. LANDERS (LESSEE): Consider application for a ten-year renewal, effective July 1, 1996, of Lease No. PRC 5131.1, General Permit - Protective Structure Use, for continued use and maintenance of an existing concrete seawall, of a 0.01 -acre parcel, more or less, of tidelands located in the Pacific Ocean at Shell Beach, San Luis Obispo County. Consideration: Public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. (J. Smith; WP 5131.9) (RA# 13695) (AB 884: N/A) (A 33; S 18) C49 FRANK SERENA CONSTRUCTION DEVELOPMENT INC., A CALIFORNIA CORPORATION (PERMITTEE); CASA BLANCA PROJECT LENDERS, A CALIFORNIA LIMITED PARTNERSHIP (PROPOSED LESSEE); CASA BLANCA BEACH ESTATES OWNERS' ASSOCIATION (PROPOSED ASSIGNEE): 1) Consider termination of Lease No. PRC 5764. 1, effective May 10, 1993, a ten-year General Permit - Protective Structure Use; 2) Consider application for a new ten-year General Lease - Protective Structure Use, effective May 10, 1993; and 3) Consider application for the assignment of the new General Lease - Protective Structure Use, effective September 19, 1994, all involving a 0.15 -acre parcel, more or less, of tide and submerged land located in the Pacific Ocean, City of Carpinteria, Santa Barbara County; for continued use and maintenance of an existing seawall. Consideration: Public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. (J. Smith; WP 5764.9) (RA# 11995 ) (AB 884: N/A) (A 35; S 18) 94 SWALES ANORM"' '(APPLICANT):( Consider application for a three-year, three-month, Dredging Lease effective May 1, 1996, to dredge a maximum of 500 cubic yards annually from granted sovereign lands, with minerals reserved by the State, Swales Anchorage Marina, Newport Bay, Orange County; deposition of spoils to be at the Corps/EPA approved offshore disposal site LA -3. Consideration: No royalty shall be charged for dredged material as the project is a public benefit. A minimum of $0.25 per cubic yard shall be charged for materials sold or used for commercial sale purposes. (J. Smith; WP 7624.9) (RA# 11895) (AB 884: App/Inc) (A 70; S 35) C51 CITY OF PETALUMA (APPLICANT): Consider application for a 30 -year General Lease -Public Agency Use, effective April 1, 1996, of tide and submerged land located in the Petaluma River, City of Petaluma, Sonoma County; for widening and channelization of the river from Payran .Reach between Lynch Creek to just below the Lakeville Street. Public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. (N. Smith; W 25169) (RA# 02295) (AB 884: 08/24/96) (A 6; S 3) C52 WINE VALLEY CO -TENANCY (LESSEE): Consider acceptance of a Lease Quitclaim Deed and termination of Lease No. PRC 6872.1, a 15 -year General Lease -Commercial Use, which would otherwise expire on July 31,2000; of a 0.15 -acre parcel, more or less, of tide and submerged land located in the Napa River, City of Napa, Napa County; for the construction and use of 11 floating accommodation docks. Consideration: $954 per annum; five-year rent review. (N. Smith; PRC 6872.1) (AB 884: N/A) (A 7; S 2) C53 ANCHORAGE MARINA (APPLICANT): Consider application for assignment, amendment, and encumbrance of a General Lease - Commercial Use, for a 3.40 -acre parcel, more or less, of tide and submerged land in Lake Tahoe at Camp Richardson, EI Dorado County, for the operation of a commercial marina. (B. Young, J. Frey; PRC 5859.1) (AB884: N/A) (A 7; S 1) E 0 0 :J C54 BAY VIEW REFUSE SERVICES,INC. (LESSEE): Consider the continuation of rental of $309.74, effective April 14, 1996, for Lease No. PRC 5300. 1. a 15 -year General Lease - Recreational Use, for maintenance of an existing pier on a 3.03 -acre parcel, more or less, of submerged land located in Lake Tahoe near Tahoma, Placer County. Five-year rent review. (B. Young; PRC 5300.1) (AB 884: N/A) (A 4; S 1) C55 BIDWELL RANCHES, INC. (APPLICANT): Consider application for a ten-year Grazing Lease, effective February 5, 1995, of a 560 -acre parcel, more or less, of school land located in the vicinity of Fall River Mills, Shasta County, for grazing of livestock. Consideration: $500 per annum, five-year rent review. (B. Young; WP 3353.2) (RA# 16494) (AB 884: N/A) (A 2; S 4) C56 CALIFORNIA DEPARTMENT OF TRANSPORTATION- DISTRICT THREE (APPLICANT): 1) Consider termination of Public Agency Permit PRC 1766.9 to the County of Sutter for maintenance of the Feather River Bridge. 2) Consider application for map approval and a continuous -use plus one-year General Lease - Public Agency Use, effective May 9, 1996, of a 3.86 -acre parcel, more or less, of submerged land located in the Feather River, Sutter County; for the widening and strengthening of the Feather River Bridge on State Route 99 near Nicolaus. Consideration: Public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. (B. Young; WP 1766.9) (RA# 03995) (AB 884: N/A) (A 2; S 4) C57 GEORGE T. GIBSON, ET.AL. (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective January 23, 1996, of submerged land located in Lake Tahoe, at Camelian Bay, Placer County; for the continued use and maintenance of an existing pier. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (B. Young; WP 3693.9) (RA# 05695) (A 4; S 1) C58 DIANA DOLLAR KNOWLES (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective October 29, 1995, of submerged land located in Lake Tahoe, at Meeks Bay, EI Dorado County; for the continued use and maintenance of a pier and boathouse. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (B. Young; WP 4283.9) (RA#12095) (AB 884: N/A) (A 4; S 1) C59 GEORGIA A. WHITE (APPLICANT): Consider application for a ten-year Recreational Pier Lease, effective May 9, 1996, of submerged land located in Lake Tahoe at Dollar Point, Placer County; for the authorization of two existing, previously unauthorized mooring buoys. Consideration: No monetary consideration pursuant to Public Resources Code Section 6503.5. (B. Young;W 25275) (RA#08995) (AB 884: 08/16/96) (A 4; S 1) ADMINISTRATION C60 CENTRAL CALIFORNIA POWER AGENCY NO. 1 (LESSEE): Consideration of request by lessee to waive penalty and interest on late payment of revenues to the Commission. (D. Brown; PRC 5217.2, PRC 7177.2, PRC 7178.2, PRC 7751.2) (AB 884: N/A) C61 CALIFORNIA STATE LANDS COMMISSION: Ratification of Execution of Service Agreement for 1995-1996 fiscal year. (Sava, C 9465) (AB 884: N/A) C62 CALIFORNIA STATE LANDS COMMISSION: Request Delegation of Authority for Executive Officer to Solicit Bids and execute renewal of Agreements for 1,996-1997 fiscal year. (Sava; C 9601, C 9604, C 9635, C 9662) (AB 884: N/A) 10 FG C63 CALIFORNIA STATE LANDS COMMISSION; CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of offers to dedicate 13 parcels of land parallel to State tidelands in the City of Malibu. The dedication offers are required by the California Coastal Commission as a condition of granting Coastal Development permits and will expire if not accepted by a public agency. (Fossum, Sledd, Carey; W 24665) (AB 884: N/A) (A 41; S 23) C64 ARTHUR H. AND SUZANNE G. STOLNITZ (PARTIES): Consider Title Settlement and Settlement of Claims regarding implied dedication between Arthur H. And Suzanne G. Stolnitz and the California State Lands Commission. (Kiley; W 24164) (AB 884: N/A) (A 35; S 18) C65 CALIFORNIA STATE LANDS COMMISSION (PARTIES): Authorization for the Executive Officer to enter into Interagency Agreements and Memoranda of Understanding with State, Federal and Local Agencies, and private parties, for the financing and supervision of a Phase II Environmental Assessment at Bolsa Chica, Orange County, California. (R. Ludlow; W 25306) (AB 884: NW) (A 67; S 35) C66 CALIFORNIA JOCKEY CLUB (APPLICANT):, Request for authorization to enter title settlement agreement concerning land in the record ownership of the California Jockey Club in the City of San Mateo, County of San Mateo. (Plummer; Stevenson; W25721) (AB 884: N/A) (A: 19; S: 8) C67 K & C MARINA (ASSIGNOR);TAHOE MARINA INVESTMENT GROUP (ASSIGNEE/ASSIGNOR); TAHOE YACHT HARBOR, LLC (ASSIGNEE): Consider Assignment of Lease PRC 706.1 from K&C Marina to Tahoe Marina Investment Group and Assignment from Tahoe Marina Investment Group to the Tahoe Yacht Harbor, LLC; and Consider Amendment of the Lease for a parcel located in Lake Tahoe, at Tahoe City, Placer County. (Frey; J. Ludlow; PRC 706) (AB 884: N/A) (A 4; S 1) ENVIRONMENTAL AND PLANNING MANAGEMENT C68 FAR WESTERN ANTHROPOLOGICAL RESEARCH GROUP, INC.; UNIVERSITY OF CALIFORNIA, DAVIS, DEPARTMENT OF ANTHROPOLOGY MUSEUM, CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider Transfer of ownership of "anthropological materials" collected at Owens Dry Lake, Inyo County, to the University of California, Davis, Department of Anthropology Museum. (S. Sekelsky; W 30093) (AB 884: N/A) (A 34; S 15) C69 GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT (GBUAPCD): Consider approval of an amendment for dust mitigation on Owens Dry Lake (S. Sekelsky; W 24777; PRC 7633) (AB 884: N/A) (A 34; S 15) SCHOOL LAND MANAGEMENT C70 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY (PURCHASER): Consider, as both State Land_ s Commission and School Land Bank Trustee, sale and subsequent issuance of a patent for seven (7) parcels of school land totaling 12.38 acres in San Bernardino County to the Southern California Public Power Authority for a right of way corridor. The corridor will service the Mead-Adelanto Project. Purchase Price: $8,400;(D. Reese; SA 5742)(AB 884: N/A) (A 34; S 17) C71 CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider as School Land Bank Trustee, offering for sale, one parcel of State School Land in Kern County. (D. Reese; W 24040) (AB 884: N/A) (A 34; S 17) 11 0 C72 CALIFORNIA STATE LANDS COMMISSION; MR. GORDON MCDANIEL; DEPARTMENT OF PARKS AND RECREATION (APPLICANT): Consider, as Both State Lands Commission and School Land Bank Trustee, Sale, and Subsequent Issuance of a Patent to the State of California, Acting by and Through the State Public Works Board, for 160 Acres of State School Land in Imperial County Within the Ocotillo Wells State Vehicular Recreation Area. (D. Reese; SA 5697) (AB 884: N/A) (A 80; S 37) C73 CALIFORNIA STATE LANDS COMMISSION; WILDLIFE CONSERVATION BOARD, SAVE - THE -REDWOODS LEAGUE; SANTUARY FOREST, INC, BARNUM TIMBER COMPANY (PARTIES): Consider approval Memorandum of Understanding to facilitate the exchange of State school lands in Mendocino County. (Reese; W 25107) (AB 884: N/A) (A 1; S 2) OIL AND GAS MANAGEMENT C74 CITY OF LONG BEACH (APPLICANT): Consider approval the Award of the Crude Oil Sales Contracts, Tract No. 1, Long Beach Unit, Wilmington Oil Field, Los Angeles County, to the highest responsible bidder. (Tanner; W 9603.27)(AB 884: N/A) (A 57, 58; S 29) C75 CITY OF LONG BEACH (APPLICANT): Consider approval of proposed sale by City of Long Beach of crude oil (1,100 B/D), 20 percent segment, Long Beach Harbor Tidelands Parcel and Parcel "A", Wilmington Oil Field, Los Angeles,County. (Tanner; W 12036) (AB 884: N/A) (A 57, 58; S 29) C76 CITY OF LONG BEACH (APPLICANT): Consider approval of agreements that implement changes in treating Natural Gas produced from the Long Beach Unit and the Long Beach Harbor Department Tidelands Parcel and Parcel "A", Wilmington Oil Field, Los Angeles County. (Landry; W 13014) (AB 884: N/A) (A 57, 58; S 29) C77 BALDWIN CONTRACTING COMPANY (APPLICANT): Consider approval of a negotiated - Mineral Extraction Lease for sand and gravel on 80 acres of State school lands reserved minerals, Lassen County. (Willard; Kruger, W40733) (AB 884: N/A) (A 3; S 1) C78 INFORMATIONAL STATE LANDS COMMISSION (APPLICANT): Report of monitoring of possible subsidence and seismic hazards, Long Beach Unit, Wilmington Oil Field, Los Angeles County. (K. Jones; W 16008, W 10429) (AB 884: N/A) (A 57, 58; S 29) C79 CITY OF LONG BEACH (APPLICANT): Consider approval of the Second Amendment of the 1995-96 Annual Plan of Development and Operations and Budget, Revising Economic Projections and Major Planning Assumptions, Long Beach Unit, Wilmington Oil Field, Los Angeles County. (Landry; W 17112) (AB 884: N/A) (A 57, 58; S 29) C80 STATE LANDS COMMISSION (APPLICANT): Consider approval of Qualifying Miles for Subventions to Cities and Counties for Fiscal Year 1995-1996. (Tanner,Brown; W 4848) (AB 884; N/A) (A 35, 36, 57, 58, 59 S 18, 19, 37) C81 BERRY PETROLEUM COMPANY(APPLICANT): Consider approval of deferment of drilling obligation, State oil and gas lease PRC 3314, Ventura County. (Tanner; PRC 3314.1) (AB 884: N/A) (A 36; S 18) C82 ENERFIN RESOURCES NORTHWEST LIMITED PARTNERSHIP (LESSEE): Consider Modification of Lease Description, Partial Quitclaim, and Settlement of Boundary Dispute, Snodgrass Slough, Sacramento County. (Nitsche; Frey; PRC 7714.1) (AB 884: N/A) (A 8; S 4) 12 rJ .y IV. REGULAR CALENDAR 83 - 84 83 U.S. DEPARTMENT OF THE NAVY; U.S. DEPARTMENT OF THE AIR FORCE; U.S. DEPARTMENT OF THE ARMY (PARTIES): Consider Retrocession of Partial Legislative Jurisdiction and Establishment of Concurrent Legislative Jurisdiction at Defense Distribution Region West Lathorp, and Defense Distribution Region West, Tracy; Retrocession of Legislative Jurisdiction at Fleet and Industrial Supply Center, Oakland, Alameda County; March Air Force Base, Riverside County; Naval Training Center, San Diego, San Diego County; Naval Radio Transmitting Facility, San Diego, San Diego County; and Mare Island Naval Shipyard, Solano County; Establishment of Legislative Jurisdiction at Naval Training Center, San Diego, San Diego County and Mare Island Naval Shipyard, Solano County; and Cession of Jurisdiction Pursuant To California Government Code Section 126 At National Training Center and Fort Irwin, San Bernardino County. (Frey, W 23751, W 25288, W 25274, W 25268, W 25281) (AB 884: N/A) (A 7, 16, 17, 25, 64, 78; S 2, 5, 9, 36, 39, 64) 84 CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorizing the execution of a Memorandum of Understanding for a one-year pilot project to cooperatively process applications for permits/leases to dredge or dispose of dredged material in San Francisco Bay. The project involves establishing a joint (application) process for the Dredged Material Management Office (DMMO) to increase efficiency and coordination between the member agencies. The member agencies, in addition to the State Lands Commission, consist of the San Francisco District of the United States Army Corps of Engineers, United States Environmental Protection Agency, San Francisco Regional Water Quality Control Board and the San Francisco Bay Conservation and Development Commission. (M. Howe; W 25305) (AB 884: N/A) ( A 6, 7, 8, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21; S 2, 3, 4, 7, 8, 9, 10, 11) V. AT THE CLOSE OF REGULAR BUSINESS WILL BE THE CLOSED SESSION. CLOSED SESSION "CONSIDERATION OF POSSIBLE AND PENDING LITIGATION. THESE MATTERS WILL BE DISCUSSED IN A SESSION CLOSED TO THE PUBLIC, PURSUANT TO ATTORNEY-CLIENT PRIVILEGES. (SEE GOVERNMENT CODE SECTION 11126.)" THE FOLLOWING MATTER WILL BE CONSIDERED UNDER GOVERNMENT CODE SECTION 11126 (Q)(1): State of California v. Citv of Los Angeles, et al. IN ADDITION, THE COMMISSION SHALL CONSIDER MATTERS UNDER GOVERNMENT CODE SECTION 11126 (Q) (2) AND (3). 13 STATE OF CALIFORNIA PETE WILSON. Governor .................................... . ALIFORNIA STATE LANDS COMMISSION ROBERT C. HIGHT, Executive Officer 100 Howe Avenue, Suite 100 South y) (916) 574-1800 FAX (916) 574-1810 Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-1892 Contact FAX.- (916)574-1925 May 10, 1996 Steve Farwell Swales Anchorage 2888 Bayshore Drive Newport Beach, CA 92663 Dear Mr. Farwell: File Ref: PRC 7624.9 SUBJECT: Dredging Lease to Dredge a Maximum of 500 Cubic Yards Annually, Swales Anchorage Marina, Newport Bay, Orange County Enclosed is your fully -executed copy of the subject lease which was authorized by the State Lands Commission on May 9, 1996. . Also enclosed are quarterly report forms to be completed and returned as specified in the lease. I will expect to receive the first quarterly report by September 15, 1996. If you have any questions, please feel free to give me a call. a Enclosure cc: Alan Scott Sincerely, ane E. Smith Public Land Management Specialist Southern California Region Dredging Lease WP 7624.9 Page 7 27. Captions: The captions in this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and conditions of this Lease. This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission and a duly executed copy has been delivered to Lessee. The submission of this Lease by the State, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to the State shall constitute an offer to the State to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have fully executed this Lease. LESSEE:SWALES ANCHORAGE MARINA y� Title:6el - 2 4/92 State of California State Lands Commission P.R.C. �'-- STATE OF CALIFORNIA STATE LANDS COMMISSION By: di, 11 _V1fjz Chief, Division of Title: Land Management Date: 0 5 1996 This Lease was authorized by the State Lands Commission on / 9 9 Lv STATE OF CALIFORNIA /109 � � � PETE WILSON Governor ..... ALIFORNIA STATE LANDS COMMISSION ROBERT C. RIGHT, Executive Officer 100 Howe Avenue, Suite 100 South (916) 574-1800 FAX (916) 574-1810 Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2922 s from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-1892 ......................... . Contact FAX.- (916) 574-1925 February 5, 1996 File Ref.- WP 7624 amount of $825.00. In addition, your proposed project is subject to environmental review by the Commission's staff. Standards for this review are set forth in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Public Resources Code. As I understand it, this project is covered under 10 -year permits issued by the Corps and the California Coastal Commission. We would consider a long-term lease which coincides with the expiration of both the Corps and Coastal Commission permits. If you have any questions, please feel free to give me a call. Sincerely, tidelands and submerged lands, beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits. The Commission manages these sovereign lands for the benefit of all the people of the State, subject to the Public Trust for water related commerce, navigation, fisheries, recreation, open space and other recognized Public Trust uses. In addition the State manages lands received after Statehood including swamp and overflowed lands and school lands. The Commission's Land Management Division in Sacramento administers the surface leasing of these lands, sand and gravel extraction from these lands, and dredging or disposal of dredged material on these lands. The Commission also manages the development of all mineral resources contained on such lands. Land Ownership Determination Upon receipt of an application or an inquiry about use of State lands, the Commission's Title Unit reviews its files and information submitted by the applicant to determine the extent of the State's property interest in the proposed project site. In some cases, the complex nature of the title to the lands may result in the applicant having to submit a title report (preliminary report of title or title policy) as pan of the application process. Leasing Policies The lands managed by the Commission vary widely in character and utility. The Commission maintains a multiple use management policy to assure the greatest possible public benefit is derived from these lands. The Commission will consider numerous factors in determining whether a proposed use of the State's land is appropriate, including, but not limited to, consistency with the Public Trust under which the Commission holds the State's sovereign lands, protection of natural resources and other environmental values, and preservation or enhancement of the public's access to State lands. Applicants are advised that the Commission is under no obligation to approve any application submitted to it. The Commission may approve, condition, or deny any application, based upon the above referenced factors or other issues raised during the application review process. California Environmental Quality Act (CEQA) to "Significant Environmental Values" withi Lug of P.R.C. Section 6370, consistency of the proposed use with the Most leases, permits or other entitlements' for use require approvals from other public agencies. On many proposed projects the Commission is the Lead Agency under CEQA (the public agency with the principal responsibility for carrying out or approving a project.) Where the Commission is the Lead Agency, its initial step in reviewing an application is to determine whether the proposed project is exempt from CEQA. Exemptions from CEQA are either statutory or categorical. A listing of some exemptions may be found in the Commission's administrative regulations and others may be found in Title 14 of the California Code of Regulations. Categorical exemptions will not apply if there is a reasonable possibility that a proposed project will have a significant effect on the environment due to unusual circumstances. If a proposed project is not exempt from CEQA, the staff of the Commission conducts an Initial Study to determine whether the proposed project may have a significant effect on the environment. The Initial Study is circulated to Responsible, Trustee, and interested public agencies and others who have expressed an interest in such documents of the Commission for review and comment. The circulation period is normally thirty (30) days. Based upon the responses received and Commission staff analysis, a determination is made as to whether a Negative Declaration or an Environmental Impact Report is required. Page I Form 54.2 (Rev. 11/30/95) In most instances, the preparation of an EIR takes from six (6) to nine (9) months. A Draft EIR is circulated for forty-five (45) days to agencies and individuals concerned about the project. The State Clearinghouse provides for circulation to State agencies. During the 45 -day review period, a public hearing may be held. Comments and recommendations received and significant environmental points raised in the review and consultation process are responded to in the final EIR. This document is then circulated for an additional fifteen (15) days to those agencies and persons who commented on the Draft EIR. After the review period has ended, the final EIR is presented to the Commission for certification, and the proposed project, including any recommended alterations or mitigation measures, is presented to the Commission for approval or disapproval. The applicant will be required to cover the costs of preparation of the environmental documentation for the project. Experience has shown that ND and EIR costs vary considerably, from several hundred to hundreds of thousands of dollars. The applicant must deposit an amount specified by the staff of the Commission within twenty-one (21) days after Commission staff gives written notice of the anticipated costs of environmental processing, and will be required to execute a reimbursement agreement committing to full payment of the Commission's costs. (IMPORTANT: Please refer to Part IV of the attached application for more specific information regarding payment of Commission costs in processing your application.) If the cost for the preparation of a ND or EIR exceeds the amount deposited, the amount of excess costs must be deposited within fifteen (15) days after written notice is given. Any unexpended portion of the deposit will be refunded to the applicant after the ND or EIR is determined by the Commission to be adequate. Should the applicant fail to deposit the requested costs, the application may be canceled without further notice. Staff will not contact consultants regarding preparation of an EIR until required deposits and reimbursement agreements are received. ale Agency as defined in CEQA (a permitting agency other than the Lead Agency), it must review imnlntcnnee of<Annl:nn*:nn :. in is complete. Please see PART V of the attached, application form for the definition of 1. The data submitted is sufficient to allow the staff of the Commission to locate and describe the nature and extent of State-owned land to be utilized in the project; 2. The applicant submits all deposits, fees, and executed reimbursement agreements required by the Commission (See Part IV); 3. The applicant submits environmental data sufficient for the Commission to determine the level and scope of environmental review required under CEQA and the State CEQA Guidelines; 4. The applicant submits data sufficient for the State to determine the fair rental to be paid the State for the applicant's use of the State's property; and 5. The data submitted by the applicant is sufficient to allow staff of the Commission to begin an analysis to determine if the application is: (a) consistent with Commission policies, practices and procedures; (b) conducive to public access; © consistent with environmental safeguards and policies of the State; and is (d) .otherwise in the best interests of the State. Page ii Form 54.2 (Rev. 11/30/95) In the event the application is determined not to be complete, the staff will specify what additional information is required. Upon receipt of any additional material, the staff will respond within 30 days as to whether the application is complete. Should the applicant fail to, provide a complete application'within a reasonable period of time, the file may be closed and all or any part of the fees retained by the Commission. Please see Notice on Page 5 of this application. There is an appeal process whereby an applicant may, appeal the determination of tl a staff that, the" application material is incomplete. The"adequate completion of Parts I through V of the attached` application form shall constitute a completeapplication. After an application is found to be complete, applicant may be required to submit' additional information to clarify, amplify, correct or otherwise sunnlement the information requested in the annl cntinn form Where the Commission is the Lead Agency and an EIR is prepared, the Commission must approve or disapprove a development project within one (1) year from the date on which the application was received and accepted as complete by the staff of the Commission. Where an ND is prepared or if the development project is exempt from CEQA, the development project shall be approved or disapproved within six (6) months from the date the application was received and accepted as complete by the staff. One extension of this time period of up to ninety (90) days may be allowed if mutually agreed to by the staff and the applicant. Where the Commission is a Responsible Agency, it must approve or disapprove a development project within 180 days from the date the Lead Agency approves the project, or within 180 days from the date the application was received and accepted as complete by the staff of the Commission, whichever is later. The following are some of the circumstances that may cause the Commission to deny a project: 1. Failure of an applicant to furnish requested additional information; 2. Environmental considerations; 3. Failure to meet any statutory requirements; 4. Failure to submit requested additional fees; 5. Failure to conclude negotiations or to execute documents; 6. Inability of applicant to meet financial qualifications as deemed appropriate by the staff, 7. Misrepresentation by the applicant or its agent; or 8. Inconsistency with Public Trust restrictions, resources, or values. This list should not be considered exclusive. Application Processing Miscellaneous Information The following concerns all applications. An applicant acquires no property interest in State lands or the right to the use of State lands until the Commission grants a lease, permit or other entitlement, and until the appropriate document complete in all respects has been executed by the applicant and the State. An application is not transferable; therefore, an agent should not submit an application without disclosing his agency status and the principal's identity, nor should an application be submitted with the later intention of attempting to transfer the application or an interest in an application. Page iii Form 54.2 (Rev. 11/30/95) The preceding information is an outline of the general requirements and procedures applicable to all surface leasing developments. Prospective applicants wishing to obtain a lease, permit or other entitlement for use of State lands should read and complete the attached application form and any attached parts that may be applicable and return it together with the data requested to the staff of the Commission for review and processing. Questions involving the surface leasing of State lands and the completed application form should be directed to: State Lands Commission Land Management Division 100 Howe Avenue, Suite 100 South Sacramento, California 95825-8202 Telephone: (916) 574-1900 Accommodations for the Deaf and Hearing Impaired The State Lands Commission has available the services of the California Relay Service to provide telephone capabilities to deaf or hearing impaired persons. The telephone number of the California Relay Service is 1-800-735-2929 (TDD/TT) In addition, a sign language interpreter will be provided, upon reasonable advance notification of need by a deaf or hearing impaired individual. designed to apply to a variety of surface use situations including commercial, industrial, right-of-way, and recreational developments. The form requires an applicant to fully describe its proposed use of State lands and consists of several parts: Part I - General Data; Part II - Specific Project Information; Part III - Project Environmental Data; Part IV - Fees; and Part V - Signature and Certification. The information sought in this application form is required from the applicant, and the sufficiency of the information provided by the applicant will be the basis by which the staff will determine the completeness of the application as specified in Government Code Section 65940. When completing this application, please type or print clearly and submit it to the principal office of the Commission in Sacramento. Please answer all applicable questions and write "N.A." where questions do not apply. Applications for any use or entitlement of State lands, including but not limited to, applications for amendments, assignments, new leases for continuation of existing uses, or replacements of existing leases or permits, must be submitted on this form. Requests or inquiries not submitted on this form will not be considered applications and will be returned to the submitting party. (IMPORTANT: Submittal of this form will NOT be considered an application unless accompanied by the Filing Fee and appropriate Minimum Expense Deposit set forth in Part IV of this form.) In addition, please submit any information believed important in support of the application. All plans or other materials submitted become a part of the official file and cannot be returned; however, certain information deemed proprietary by statute may be withheld from public view if requested by the applicant. NOTICE If an application becomes inactive for a period of six months, the application will be terminated and all fees submitted with the application will be forfeited, subject only to the return of any unused deposit of processing fees. An application will be considered inactive if the applicant fails to provide requested information or indicate in writing why such information is not forthcoming for a A reimbursement agreement Please note that if your application is ultimately approved by the Commission, you may also be charged other fees as provided by law, including, but not limited to environmental review fees charged by the California Department of Fish and Game, pursuant to Fish and Game Code Section 711.4. MISCELLANEOUS The application information outlined on the following forms is necessary in order to process your application for use of State land. You have the right to review files maintained about your project by the Commission, except as provided by law. The Commission Records Coordinator, State Lands Commission, 100 Howe Avenue, Suite 100 South, Sacramento, California, 95825, telephone (916) 574-1900, is responsible for maintenance of the information which is collected by the Commission. The conduct of the Commission is governed by California Public Resources Code Sections 6000 et seq. and Title 2, Division 3, Sections 1900 et seq. of the California Code of Regulations. These provisions are included herein by reference. Page v Form 54.2 (Rev. 11/30/95) 4. 'Proposed Project" shall include the construction, operation, and maintenance of a new facility, a change in an existing facility, a or the continued use of State land for an existing facility for which Commission authorization has expired or never been granted. 5. "Water body" shall include the Pacific Ocean and any river, stream, slough, lake, bay, estuary, inlet, or strait. Page A Form 54.2 (Rev. 11/30/95) APPLICATION INDEX The application form which follows consists of the following parts: PART I: GENERAL DATA Section A: Identification of Applicant Section B: Leizal Status of Applicant PART II: SPECIFIC PROJECT INFORMATION Section A: Existing Conditions Section B: Project Description Subsection 1: For all projects Subsection 2: For specific types of projects a) Marinas and other multiple berthing facilities. b) Launch ramps and other launching facilities. c) Dredging and dredge material disposal. Subsection 3: Project Siting and Feasibility Subsection 4: Public Benefit PART III: PROJECT ENVIRONMENTAL DATA PART V: SIGNATURE AND CERTIFICATION Page vii Form 54.2 (Rev. 11/30/95) PART I GENERAL DATA SECTION A: IDENTIFICATION OF APPLICANT 1. Applicant: Name: Address: 04— Address: City: . Phone: State: Zip: 3. Who should receive correspondence relevant to this application? (Check one) Applicant: Representative: Both: FOR COMMISSION USE ONLY: Date Received.: Work Order No.: _Zip Assigned to: eal, 77-- . .5 7 •.5b • >ruun SECTION B: LEGAL, STATUS OF APPLTCANT Check one of the following and submit the required information: _.,, INDIVIDUAL(S): CORPORATION: Attach a Certificate of Incorporation issued by the State of California or a Certificate of Incorporation issued by the State of incorporation with the Certificate of Good Standing of Foreign Corporation issued by the Secretary of State of California authorizing the transaction of business in California; Articles of Incorporation and/or By -Laws; a certified statement of the names of the corporate president, secretary and/or officer(s) authorized to execute contracts; and a board resolution or other evidence of authority to enter into the requested transaction. PARTNERSHIP: Attach a certified copy of the partnership statement. If no partnership statement has been filed in the county in which the partnership does business, so state in the application and further give all particulars of the partnership. ® PUBLIC AGENCY: Generally, all permits and leases issued by the State Lands Commission require monetary consideration. However, a public agency applicant may qualify for a rent-free lease/permit. In order to so qualify, the applicant must submit in writing a statement of justification for the rent-free status, which status shall be based on a statewide, as compared to a primarily local, public benefit. Such statement shall detail the statewide public benefit derived from the project. The State Lands Commission shall determine whether a statewide public benefit is derived from the project. Leases and permits involving "School Lands" cannot qualify for rent-free status. Public agencies will also be required to submit evidence of the authority of the official(s) to execute contracts together with a resolution or other document authorizing execution of the appropriate lease or permit. I Please check thetype(s) ommission authorization .., ;Comttlercial �Iricotneprai�g11 M111IM: usessuth as rnan>•etatTrntst clubhous;:recreatton pt>( oaclttte,.cicick s; moorings buoys helicopterpads, decks or'gas service facilities):' _, Industrial (Uses such as oil terminals, piers, wharves, warehouses, stowage sites, moorings, dolphins and islands together with necessary appurtenances). — Right of Way (Uses such as roadways, power lines, pipelines or outfall lines, except when used only as necessary appurtenances). Public Agency Use for public roads, bridges, or for recreational, ecological or open space purposes of statewide benefit. Private Recreational Pier. Uses are limited to any fixed facility for the docking or mooring of boats constructed for the use of the littoral landowner, as specified in Public Resources Code Section 6503.5, and does not include swimming floats or platforms, sun decks, swim areas, fishing platforms, residential, recreational dressing, storage or eating facilities or areas attached or adjacent to recreational piers, or any other facilities not constructed for the docking or mooring of boats. Non -income producing uses such as piers, buoys, floats, etc., which do not qualify as Private Recreational Piers (above). Protective Structure (Riprap, seawall, groins, jetties, breakwaters, bulkheads, etc.). Grazing or other Agricultural Use. Dredging Permit (Please check if any portion of the proposed project will involve dredging during construction or ongoing maintenance of the project). Sand and Gravel Extraction. Salvage Permit (Salvage of any abandoned property on State owned lands; see Public Resources Code Section 6309.). Other (please describe) 2. Please indicate whether you are seeking, Commission authorization for: A new lease or permit for a proposed use of State owned land. A new leasefor the continuation of an existing use of State owned land. An amendment of an existing lease*.' ...,_ `A sublease of an existing, lease*. i 11/30/95) A consent to encumber an existing lease An assignment of an existing lease*. _, Other (please describe) *Where applicable, please indicate file number of existing or prior lease SECTION D: PROJECT LOCATION County: City: If unincorporated, nearest City: Waterway: A.P.N Township, Range, Section and Reference Meridian: Upland Owner's Name: Upland Owner's Address (if different from applicant): Telephone: ( ) Upland Address: Subdivision, Block, and Lot Number: SECTION E: PROPERTY DESCRIPTION, INCLUDING TITLE AND BOUNDARY INFORMATION :)u seek t( 3. Submit vicinity map (8''/s" x 11" with scale) showing the general area and the project site in relation to the shoreline, major roadways, and other landmarks. 4. Submit a legal description of the area to be leased from the State, tied to a monument or monuments of record. The area to be leased includes the area occupied by the structures, or otherwise under the exclusive control of the lessee/permittee. SECTION F: OTHER GOVERNMENTAL JURISDICTION On a separate sheet of paper, please provide the following: Identify other public agencies having approval authority over your proposed project: (i.e., U.S. Army Corps of Engineers, local or regional planning bodies, city and/or county governmental permitting authorities, air or water quality boards, Coastal Commission, San Francisco Bay Conservation and Development Commission, Tahoe Regional Planning Agency, etc.) If applicable, submit a U.S. Army Corps of Engineers Public Notice, Notice Number, or Letter of Approval for the project. If applicable, submit the number assigned to the project from the San Francisco Bay Conservation and Development Commission or the State Coastal Commission. Submit copies of any other existing approvals with the application. Identify any General Plan and Specific Plans which include the area in which the project will be located, including the date of the most recent revisions to such Plan(s). What is the land use designation and zoning of the upland portion of the project under the General Plan and any applicable -Specific Plan? Will the project require the amendment of the General and/or the Specific Plan? Will a variance from the existing zoning be required? Please provide the name and telephone number of the individual(s) contacted within the local jurisdiction to answer the foregoing questions. You will be required to submit a copy of local approvals (city and/or county) for your project prior to consideration of your application by the State Lands Commission. If you cannot obtain local approval of your project prior to consideration by the State Lands Commission, you must submit a letter or other document from the local agency setting forth the status of your local application and any concerns the local governmental agency has regarding your project. PART II SFr CIE'IC PROJECT INFORMATION Please complete this Part II as indicated below. Submit responses on separate 8'/a" x 11" paper, indicating clearly the number of the information request to which each response applies. SECTION A. EXISTING CONDITIONS Describe in detail existing activities, uses and improvements at the proposed project site, both on water covered lands ("water bodies") and on adjacent uplands. Provide construction dates and aerial or ground photographs of existing improvements. Indicate whether facilities are temporary or permanent. 2. Describe existing public use of the water body and adjacent uplands, the type and frequency of the public use, and any existing public access to the water body across the project site. 3. Provide maps and/or aerial or ground photographs which delineate existing vegetation at the proposed project site and along the shore of the water body upon which the project is to be located within a one-half ('/s) mile radius of the proposed project site. 4. Identify the type and location of any known habitat of rare, threatened, or endangered species of plant or animal within a one mile radius of the proposed project site. Information in this regard may be acquired from the California Department of Fish and Game or the United States Fish and Wildlife Service. S. Only if the proposed project involves a marina, list and describe, within one river or lakeshore mile of the proposed project site: (a) Existing or proposed marina facilities (indicating for each facility) available berthing by berth size, whether finger, slip or side SUBSECTION 1: ALL PROJECTS. All applicants should respond to (a) - (d) below. a. Provide a project development plan which clearly shows the following: (1) A scale drawing of proposed improvements that shows existing topographic features and dimensions of the area to be occupied within any water body. (This should include identification of the width of the waterway at the project site.) (2) The nature and location of all significant project features, including, but not limited to, the number, size and design of any berths, boat ramps or launches; the type, dimensions and location of any associated commercial facilities, utilities, parking, public access, and marine services; and any proposed exterior lighting or other security measures. , (3) The type and location of any existing vegetation which will be preserved, any existing vegetation proposed for removal, and any planned restoration of vegetation or other landscaping. (4) The size of the proposed project relative to any other improvements or facilities within 100 feet upstream or downstream of the proposed project site, including facilities on the opposite bank, particularly with regard to its linear extension into and along the waterbody. b.If the project will involve construction, describe in detail the bonstruction methods and equipment which will be used and the anticipated time frame for construction activities. c. Describe how the project will afff ny levees in the project area. Identify existin �ological and/or habitat features along the levee, and any proposed alterations or modifications to any levees and associateu ecological and/or habitat features. d. Identify any project features which you believe will avoid or mitigate any effects of moving vessels (e.g. wave wash) on the proposed facility or shore of the waterbody. SUBSECTION 2: SPECIFIC PROJECTS. Applicants should respond only to those paragraphs which apply to their project. a. For any project which involves a MARINA OR OTHER MULTIPLE BERTHING FACILITY, provide the following: (If your project does not involve a marina or other multiple berthing facility, go on to (b) below.) (1) Identify whatever provisions are proposed for sewage disposal from boats, commercial uses, etc. If none, please identify ' the nearest pump -out facility, by name, location, and operating hours. (2) Identify whatever provisions are proposed for litter/garbage disposal, including frequency of pick-up. (3) Identify any proposed fueling facility and fully describe spill prevention and control features. Are fueling stations such that they are accessible by boat withoW •entering or passing through the main berthing area, in order to avoid collisions? Provide a spill contingency plan and list equipment and training needed to implement the plan. (4) Describe any proposed vessel maintenance facility, i.e., its capacity, typical activities and quantities of potentially toxic materials expected to be used. Boat maintenance areas should be designed so that all maintenance activities that are significant potential sources of pollution can be accomplished over dry land and under roofs (where practical), allowing for proper control of by-products, debris, residues, solvents, spills, and stormwater runoff. All drains from maintenance Examples include: - Use of tarps and vacuums to collect solid wastes produced by cleaning and repair of boats. Such wastes should be prevented from entering adjacent water. - Vacuum or sweep up and catch debris, sandings, and trash from boat maintenance areas on a regular basis so that runoff will not carry it into the water: - An oil water separator should be used on outside drains and maintained to ensure performance. - Tarps should be used to catch spills of paints, solvents, or other liquid materials used in the repair or maintenance of boats. - Used antifreeze should be stored in a barrel labeled "Waste Antifreeze Only" and should be recycled. (7) Describe any special measures proposed to control the quality and quantity of urban and other runoff from surrounding areas. (8) Describe the terms and conditions under which periodic and transient berthing will be permitted at the proposed facility, and how those terms and conditions will be enforced. Indicate percentage of dry boat storage compared to wet slips. (9) Identify the method of handli .ish wastes back into the natural ecosystem. T ;ate how recycling of fish wastes will not degrade water quality or cause other adverse environmental impacts. (10) Describe the depth and location of navigation and access channels, if any. Are these channels located in areas with safe and convenient access to waters of navigable depth, based on the kind of vessel expected to use the marina? (11) Describe the stormwater management system. Does the system provide a bypass or overflow systems so that the peak discharge from a 10 -year, 14 -hour storm will be safely conveyed to an erosion and scour -protected storm water outfall? (12) For proposed offstream marinas or berthing facilities, provide a water circulation plan for the facility which has been prepared and certified by a qualified hydrologic engineer. Such plan must indicate the direction and amount of flushing action in the facility. b. For any project which involves a LAUNCH RAMP OR OTHER LAUNCHING FACILIT �' describe the following: (Ifyour project does not involve any launchingfacility, go on to (c) below.) (1) The capacity of related parking areas for boats, trailers, and vehicles. (2) Any ancillary features such as restrooms, trash disposal bins, and the like. (3) Any provisions for pump out and disposal of bilge water. C. For all projects involving DREDGING OR DREDGED MATERIAL DISPOSAL, provide the following: This section is to be prepared and certified by a qualified engineer with relevant expertise. (Ifyour project does not involve dredging or dredged material disposal, go on to (d) below.) (1) An estimate of the amount and description of the method of dredging necessary to complete construction of the proposed project. (2) An estimate of the amount and frequency and a description of the method of any maintenance dredging anticipated for operation and maintenance of the project. (3) Identification and estimate of amounts and persistence of contaminants which may be released from the sediments during dredging, and during construction and operation and maintenance of the proposed project. (4) The method and location of disposal of dredged materials (5) During dredging operations, will the dredging result in turbidity? If so, indicate how turbidity can be minimized (e.g., through the proper placement of silt screens or turbidity curtains). (6) Describe how the need to dredge has been minimized or avoided. For example, the marina could be sited adjacent to deep water and the area to be dredged could be the minimum needed for the marina itself, including the docking areas, fairways, and channels, and for other maneuvering areas that are needed. Is the bottom of the marina deeper than the adjacent open water? (7) Has siting been planned near currently permitted public areas for disposal of dredged materials? How far is it to the disposal area? d. For all projects involving GRAZING, provide the following: (Ifyour project does not involve grazing, go on to Subsection 3, below.) (1) Indicate the type and number of animals that will be located on State lands. (2) Indicate the months during which the animals will be located on State lands. (3) Estimate the carrying capacity of each parcel applied for (4) Indicate whether applicant holds a current grazing permit from the United States Bureau of Land Management (BLM). If so, indicate when the permit expires, and provide a map showing the location of the grazing allotment. Page 6 Form 54.2 (Rev. 11/30/95) SUBSECTION 3: PROJECT SITING AND FEASIBILITY. Complete if the proposed project is a commercial or industrial use '; as defined in Part I, Section C, above. a. If the project involves berthing or docking facilities, describe how siting has been planned to ensure that tides and currents are adequate to flush the site, or renew its water regularly. Will water quality standards be violated? b. Will the project be sited away from wetlands, shellfish resources, submerged aquatic vegetation, and critical habitat areas? C. Is the project sited such that it will have easy access to roads, utilities, public sewers (where available), and water lines? d. Were alternative sites considered for the proposed project? If the answer is no, please explain. If the answer is yes, please identify such alternative sites. List any criteria which were used during the site selection process: 1) What factors were used in the selection of the proposed site? 2) What factors make this site superior for the proposed project? e. On what basis is there a demonstrated public need for the proposed project at the designated location? f. Please furnish any studies, which demonstrate demand for and feasibility of the proposed project. What is the minimum size or level of activity necessary to sustain the commercial viability of the project? g. If the proposed project will generate revenue, estimate the anticipated annual gross and net revenues and show your basis for the estimates. h. Describe any other existing or proposed projects that will be related to or dependent upon this project, will be affected by this project, or will affect this project, and explain the anticipated relationship or effect. SUBSECTION 4: PUBLIC BENEFIT Describe any statewide or regional, rather than purely local, benefits of the proposed project, and the extent to which such benefits Page 7 Form 54.2 (Rev. 11/30/95) SECTION A: ENVI 1. Describe the project site as it presently exists. Include information such as topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.- Describe any existing structures on the site, the use of the structures, and whether they will be retained or removed. Include photograph(s) of the site. Information regarding historic or archaeologically significant values within the site may be obtained from the University Information Center in the county in which the project is to be located. 2. Describe the surrounding properties. Include: information such as topography, soil stability, plants and animals, and any cultural, historic or scenic aspects. Indicate the type of land use, (e.g. residential, commercial, agricultural; etc.) intensity of land use (e.g., single-family dwellings, apartments, shops, etc.) and the scale of development. Include photographs. 3. Include a statement of the proposed liquid, solid or -gaseous waste disposal methods necessary for the protection and preservation of existing land and water uses. SECTION B: ASSESSMENT OF ENVIRONMENTAL IMPACTS All phases of a project, such as planning,.acquisition, development, and operation, shall be considered when evaluating its impact on the environment. Please answer the following questions by placing a check in the appropriate box. Provide an explanation of each answer on separate 8'/2" x 11" paper, listing, as appropriate, studies, documents, or other information used to support your answer. Will the project involve: Yes Maybe No 1. A change in existing features of any bays, tidelands, beaches, lakes, or hills, or substantial alteration of ground contours? [ ] [ ] [ ] 2. A change in scenic views from existing residential areas or public lands or roads? [ ] [ ] [ ] 3. A change in pattern, scale or character of the land use at or in the general area of the project? [ ] [ ] [ ] 4. Impacts to plants or animals? [ ] [ ] [ ] 5. Significant amounts of solid waste or litter? Page 8 Form 54.2 (Rev. 11/30/95) SECTION C: STATE LANDS COMMIS&,N ASA RESPONSIBLE AGENCY When it is determined that the Commission is a Responsible Agency under CEQA (another governmental agency prepares the appropriate environmental documentation) the applicant must submit the following materials as early as possible in the application process and substantially prior to scheduling the application for consideration by the Commission: 1. A copy of the project's environmental documents prepared by the Lead Agency, i.e. the Initial Study, a Negative Declaration, or the 'draft and Final EIR, and evidence that these documents have 'been °circulated through the State Clearinghouse pursuant to CEQA Guidelines Section 15073. 2. A copy of any environmental mitigation monitoring program prepared and adopted by the Lead Agency pursuant to PRC Section 21080.6. 3. A copy of the "findings made by the Lead Agency relative to potential environmental impacts of the project as approved by the Lead Agency, pursuant to Section 15.091 of the State CEQA Guidelines. 4. A copy of the Notice of: Determination: filed with the Office of Planning and Research by the Lead Agency. PANT IV: SUBMITTAL OF FEES Each applicant will be required to pay the Commission's costs of processing the application. Each applicant, at the time of filing an application, shall submit a Filing Fee and the appropriate Minimum Expense"Deposit for processing fees as set forth below. Each applicant will also be asked to execute a reimbursement agreement to cover the total cost of processing the application (see below). (IMPORTANT. • Submittal of this form will NOT be considered an application unless accompanied by the Filing Fee and appropriate Minimum Expense Deposit set forth in Part IV of this form.) The Minimum Expense Deposits listed below are based upon typical Commission costs in processing routine uncomplicated transactions, and may not cover the total cost of processing your application. A. Filing Fee. Same fee required of all applicants. $ 25.00 B. Minimum Expense Deposits for Processing Fees. Use the chart below to determine the deposit required for this project. TRANSACTION MINIMUM EXPENSE DEPOSIT (a) Commercial Lease (New) $10,000.00 (b) Industrial Lease (New) $15,000.00 (c) Right of Way $ 1,500.00 (d) Public Agency Lease/Permit $ 1,750.00 (e) Recreational Pier Lease $ 600.00 (f) Protective Structure $ 1,500.00 (g) Grazing or other Agricultural Lease $ 1,500.00 (h) Dredging Permit $ 800.00 (I) Lake Tahoe Tnrst Inspections $ 700.00 (j) Consent to Encumber Leasehold $ 600.00 (k) Assignment not involving, amendment of Lease $ 600.00 (1) Amendment of Lease to accommodateLessee.,$_; 1,250.00 (m) Sublease Approval $ 800.00 (n) Most other transactions not listed herein $` 1,000.00 *Fee included in environmental processing cost if Negative Declaration or EIR required. In addition to the above listed application processing fees, the Commission may require reimbursement of its costs in providing other services associated with processing applications for leases or permits. These services include but are not limited to: Page 9 Form 54.2 (Rev. 11/30/95) Upon receipt of your application form and de_ .nination by staff of estimated costs to process it application, you will be provided a reimbursement agreement to assure recovery by the Commission of the total cost to process your application for the use of State land. YOUR APPLICATION WILL NOT BE COMPLETE UNTIL WE HAVE RECEIVED THE FULLY EXECUTED REMBURSEIVIENT AGREEMENT. PART V: SIGNATURE AND CERTIFICATION AB 884 (Government Code Section 65920 and following). Government Code Section 64943 requires that an applicant state whether its proposal constitutes a development project. A "development project" is defined as ".. any project undertaken for the purposes of development. 'Development project' does not include any ministerial projects to be carried out or approved by public agencies." Government Code Section 65928 - Development is defined as "... on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging,` mining, or extraction of any materials; change in the density or intensity of use of land, including, but not ' limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan -submitted pursuant to the provisions to the Tberg-Nejedly Forest Practice Act of 1973" (commencing with Section 4511 of the Public Resources Code). As used in this section, "structure" includes, but is not limited to, any building, road pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line ..." Government Section 65927 - Please complete the following statement: The project which is the subject of this application O is O is not a development project as defined by Government Code Section 65928. Your application will not be complete without this information. Government Code Section 65941.5 requires the State Lands Commission to notify its applicants of the public notice distribution requirements relative to any proposed Commission action on applications for development projects. The Commission has compiled an extensive list of persons who have requested notice of all Commission actions and are notified of all Commission meetings. Additional parties must be provided notice of pending Commission aetion on a project specific basis. Upon your request, staff will provide a list of persons entitled to notice of proposed Commission action on your application. Page 10 Form 54.2 '(Rev.. 11/30/95) loll Lot BACk'R OKI PRE-YL-"Affoz To Bg' AWS XATCP /lc NC'C 'SS�42Y • . ' _ q/,.�� CX15' T" r . CX/ST, ZZVi )� CA/I p , • r ,• ' 0\6 +7.93 I PS7 AG L CONC. APROA! � G 3 J, C:" X 1CT: COAIC• 211+e8L.1x. M +96 1265LOCAr4=p ,6 G=NIAJP Nl--'w al-koo `D.. . #� 2, DL- L- P UAjPL- 2 CONC , AP20"I d lb J %N% 40 P/20pQSI: c~x1ST; ,pLl/GGL_t7 20 C3UL -lL�4D Z L-Dl�'4�.! 3 / Q'Grk G IItJt.=\IQ3� PL.A14,1 x17 - /prCS a . C o��NG Ca�uC2� Tc- :� ,�� c, cc: n�►�'N r S�aAc t �`!� ras r� , �i��► ,MiX A?Y. A 1.CGe 'l FA;0 L., ,8004 ro fd r Pow us4 1",4 .amu. r wAT lZ C --.#V 1RO14A4 -'Nr; CiK/CRWFM VV.4 4. AMY4r 4 MIi II - .A s 7-14 VCF-TIO NAT10AI A a I57 GAPA04r G3o, Rc--;&4,ii?' 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ALL. /x.474- 2/I ALS it W497G SN,�1LL. 6G l�lr"/tilC�l/G:,G� t=%'l�M n 9/7Z: • C /Tl 32. 0320, f= ILTG-:2' _ CI-O7'y: M,41Z 4F/ - y7OOX CZ -0771 9WA4L eL-' /---'GIaCC-0 Cvv TNG l/,/5%/4>4 Or, 77-14/=lc'0 L= 4 1141 rroN 4- 3.0 7. © , SO/G S 2G l�Q/c� T" : S1-z*4- SG/L. C 2, PO2T ,/0& AIJ! ! 9 9G P�E'1a"'iA42L p Q y' A NQ DATE T REVISWNs State Lands Commission State of California Dredging Lease WP 7624/PRC This Dredging Lease is made and entered into pursuant to Section 6303 of the Public Resources Code by and between the State of California, acting by and through the State Lands Commission (hereinafter "State"), as Lessor, and Swales Anchorage Marina (hereinafter "Lessee"), whose mailing address is: 2888 Bayshore Drive, Newport Beach, CA 93424. In consideration of the terms, covenants, and conditions set forth below, the State issues to Lessee a lease to dredge that certain parcel of land designated as the Leased Lands, situated in the State of California, shown on Exhibit "A" attached, and more particularly described as follows: Granted sovereign lands, with minerals reserved by the state, Newport Bay, Orange County. 1. Purpose of Lease: Lessee is hereby authorized to dredge and dispose of sand, gravel, silt and clay (hereinafter Dredged Materials) at approved disposal sites for purposes of improvement of navigation, reclamation or flood control as provided herein. 2. Limitations: (a) This Lease does not authorize the construction or placement of any improvements or fixtures, including but not limited to groins, jetties, sea walls, breakwaters, and bulkheads on the Leased Lands. (b) This Lease does not authorize Lessee to dredge for purposes of commercial resale, environmental mitigation credits or other private benefit. 3. Term: This Lease shall commence May 1, 1996, which date shall be hereafter referred to as the "effective date" of this Lease, and shall continue through August 29, 1999, unless sooner terminated as provided for in this Lease.. 4. Materials To Be Dredged: Lessee is hereby authorized to move an annual maximum of 500 cubic yards of Dredged Material. 5. Disposal Area: Lessee is authorized to deposit material at the Corps/EPA approved offshore disposal site LA -3. 6. Environmental Document: The California Coastal Commission, a functional equivalent agency. under Section 21080.5 of the CEQA, through its issuance of Permit #5-89-259, has considered the project and determined that the project, as proposed, will not have a significant effect on the environment. 7. Royalty: (a) No royalty shall be charged as the project is a public benefit. (b) A minimum royalty of $0.25 per cubic yard shall be charged for material used for private benefit or commercial sale purposes. .y Dredging Lease WP 7624.9 Page 2 (c) Royalties shall be due and payable on the fifteenth (15th) day of the month following the end of each lease quarter. A lease quarter is a three-month period, the first one beginning on the effective date of the Lease and the subsequent ones running consecutively thereafter. All royalty payments shall be made by check or wire transfer. If made by check, they shall be made to the address provided for in Paragraph 10, below. If made by wire transfer, they shall be deposited into the State's bank account as provided in directions to be furnished to the Lessee by the State. 8. Penalty and Interest: (a) Royalties and other monetary considerations provided for in this Lease that are not paid when due shall bear interest from the day following the day on which such payment was due until the day of payment in the amount of one and one-half percent (1.5%) per month compounded annually. In addition, a five percent (5%) penalty shall be applied to the total amount past due (excluding payment of interest) which shall be payable with such amount past due. (b) Penalty and interest for late payments shall apply to amounts determined by the State to be due and timely paid by the Lessee, including without limitation, insufficient payments based on inaccurate, unreasonable or inapplicable information contained in the quarterly statement submitted to State in accordance with Paragraph 9 of this Lease. 9. Record Keeping and Audits: (a) Lessee shall prepare and maintain accurate records of its operations under this Lease. On or before the fifteenth (15th) day of the month following the lease quarter, Lessee shall provide to State a detailed statement (hereinafter "Quarterly Report") of the amount of Dredged Materials and copies of reports or contracts with the dredging operator substantiating the volume of Dredged Materials and placement of Dredged Materials. (b) At the request of State, the Lessee shall provide additional reasonable additional information to State to assist it in interpreting and evaluating the contents of Lessee's Quarterly Report. (c) All Quarterly Reports and royalty statements shall be subject to audit by State, at State's sole cost. Upon reasonable advance notice to the Lessee from State, Lessee shall make available to State, during business hours, Lessee's books, records, calculations and other materials that are directly related to the Leased Lands and any other lands joined with the Leased Lands under Lessee's plan of operation and the contents of its Quarterly Reports. (d) Lessee waives any rights or objections it may have and consents to the examination, inspection and audit of the books and records of Lessee and any other party associated with the dredging activities. .y Dredging Lease WP 7624.9 Page 3 (e) Lessee shall, within 30 days of the State's request, provide copies of all data arising from Lessee's operations on the Leased Lands including, but not limited to, surveys of the Leased Lands conducted by or for Lessee before and after dredging under this Lease. All proprietary information and trade secrets shall be held in confidence by the State. 10. Notices: (a) All notices to be given under this Lease shall be deemed to have been given when made in writing, and deposited in the United States mail, first class postage prepaid, addressed as follows: If to the State: State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 Attention: Chief, Land Management If to the Lessee: Swales Anchorage Marina 2888 Bayshore Drive Newport Beach, CA 92663 Attention: Steve Farwell The address to which notices shall be mailed may be changed by written notice as provided for in this paragraph 10. All notices to be given under this paragraph shall be deemed to have been given if made in writing and personally served upon the other parry. 11. Conduct of Operations: (a) Lessee shall safely conduct all dredging and disposal operations in accordance with accepted dredging and disposal methods and practices and with due regard for the protection of life and property, preservation of the environment and the conservation of, natural resources. 12. Waste of Resources, Damage, Loss and Liability: Lessee shall use all reasonable precautions to prevent waste of, damage to, or loss of mineral resources, fisheries, wildlife and the environment on or in the Leased Lands and shall be liable to State for any such waste, damage or loss to the extent that such waste, damage, or loss is caused by (1) the intentional or negligent acts of Lessee, its employees, servants, agents or contractors; (2) the breach of any provision of this Lease by Lessee, its employees, servants, agents or contractors; or (3) the noncompliance of the Lessee, its employees, servants, agents or contractors, with applicable statutes or rules and regulations of State provided, however, that nothing herein shall diminish any other rights or remedies which State may have in connection with any such negligence, breach or noncompliance. 13. Existing Rights: This Lease is issued subject to all valid rights, previously granted by the State and existing on the date hereof. Such existing rights shall not be adversely affected by the issuance of this Lease. ., I .y Dredging Lease WP 7624.9 Page 4 14. Other Easements and Interests: (a) To the extent of the right, title and interest of the State in the Leased Lands and subject to the rights of the Lessee hereunder, State shall have the right at any time during the term hereof, or any extension as provided herein, to grant to any person or entity, upon such terms as the State may determine to be appropriate, such easements, rights of way, leases, or other interests in the Leased Lands as the State may in its discretion determine to be necessary or appropriate. The State in no event shall grant interests in the Leased Lands that unreasonably interfere with, impede, disrupt or endanger Lessee's activities under this Lease. (b) Lessee agrees to allow the State, the State's easement holders, permittees or lessees to enter upon the Leased Lands in order to conduct such prospecting and mining activities or other authorized activities; provided that such parties shall provide Lessee with reasonable advance notice of their entry on the Leased Lands and the contemplated activities while on the Leased Lands. The State shall require such parties to indemnify, defend and hold Lessee harmless from and against any loss, cost, charge, cause of action or other liability of any kind whatsoever that arises out of such parties activities on, in or associated with the Leased Lands. 15. Entry And Inspection Of Leased Lands: State and its authorized designees shall have the right at all reasonable times to go upon the Leased Lands for the purpose of inspecting Lessee's operations, for the purpose of maintaining or repairing improvements thereon, for the purpose of placing thereon signs for fire, police, or wildlife management purposes, all without any effect on payments due hereunder and without liability of the State for any loss of occupation of the Leased Lands by the Lessee. 16. Suspension Of Operations: Lessee shall immediately suspend all operations under this Lease, except those which are corrective or mitigative, when ordered by the State to do so upon the State's determination that Lessee's operations are causing or creating undue harm to public safety or to the environment or are otherwise not in the State's best interests. Lessee shall not resume operations under this Lease until the State has determined that adequate and feasible corrective or mitigative measures will be implemented by Lessee.. 17. Default And Remedies: (a) Failure of Lessee to comply with any provision of this Lease or with the laws, regulations or rules applicable thereto shall immediately and without further notice constitute a default or breach of the Lease by Lessee. (b) In the event of a default or breach by Lessee and Lessee's failure to cure such default.or breach within 30 days of the State having given written notice of such default or breach, the State may at any time, and with or without further notice, do any of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such Lease Premises; Dredging Lease WP 7624.9 Page 5 (2) Terminate this Lease and Lessee's right to possession of the Lease Premises. Such termination shall be effective upon the State giving written notice and upon, receipt of such notice, Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any royalty or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 18. Waiver Of Breach: The State's waiver of any default or breach of any term, covenant or condition of this Lease shall not constitute a waiver of any other default or breach whether of the same or any other term, covenant or condition, regardless of the State's knowledge of such other defaults or breaches. The subsequent acceptance of monies hereunder by the State shall not constitute a waiver of any preceding default or breach of any term, covenant or condition, other than the failure of the Lessee to pay the particular monies so accepted, regardless of the State's knowledge of such preceding default or breach at the time of acceptance of such monies. Nor shall acceptance of monies after termination of this Lease constitute a reinstatement, extension, or renewal of this Lease or revocation of any notice or other act by State. 19. Workers Compensation: Lessee shall at all times in any and all of its operations hereunder and any works in and upon the Leased Lands, carry full and complete workers compensation insurance covering all of its employees. 20. Insurance: Prior to commencement of operations hereunder Lessee shall obtain and maintain comprehensive bodily and personal injury and property damage liability insurance for the benefit of State. With the prior written approval of State, Lessee may self -insure, if it meets the requirements of the State of California for self insurance. 21. Bond Or Other Security: Within thirty (30) days following approval of the issuance of this Lease by the State and prior to commencement of any dredging activity, Lessee shall furnish and maintain until released by the State, a bond or other security instrument acceptable to the State in the amount of $0 and in favor of the State for its exclusive use and benefit, guaranteeing the performance by the Lessee of the terms and conditions of this Lease and observance of the provisions of the Public Resources Code and the rules and regulations of the State. Said bond shall require the surety to give at least one hundred and twenty (120) days written notice of its intention to cease acting as guarantor. If a surety gives notice of its intention to cease acting as guarantor, the Lessee shall provide to State within thirty (30) days of such notice a replacement bond of equal value to become effective upon the expiration of the existing bond. Failure to provide such a replacement bond within the required time shall constitute a default entitling State to levy against the entire amount of the existing bond. Lessee agrees that in, no event shall the amount of the bond be .y Dredging Lease WP 7624.9 Page 6 construed as a limitation on its liability. This requirement shall be separate from any other bonding provisions of the Public Resources Code and the regulations of the State of California or any other State, local or federal requirement. 22. Indemnification: Lessee agrees to indemnify, save harmless, and at the option of the State, defend the State of California, its officers, agents and employees, against any and all claims, demands, causes of action, or liability of any kind which may be asserted against or imposed upon the State of California or any of its officers, agents or employees by any third person or entity arising out of or connected with Lessee's operations under this Lease or the use by Lessee or its agents, employees or contractors, of the Leased Lands. 23. Taxes: (a) In accepting this Lease, Lessee understands that the interest created herein may be subject to a possessory interest tax imposed by a local or county tax assessor. Any such possessory interest tax imposed shall not reduce any royalty due hereunder and payment of the tax shall be the liability of the Lessee. (b) During the term hereof the Lessee shall pay, when due, all taxes and assessments lawfully made and levied under the laws of the State of California or any political subdivision thereof, and of the United States, against any and all improvements, property or assets of Lessee situated upon the Leased Lands. No such taxes and assessments shall be deductible from royalties or other monetary consideration due under this Lease. 24. No Warranty Of Title: This Lease is issued upon the application of Lessee and is entered into without a formal title determination. This Lease shall in no way be construed as establishing the extent of the State's claim of title to any real property. The State makes no warranty as to title or rights of possession or quiet enjoyment of the Leased Lands. 25. Assigns and Successors: This Lease shall not be assigned without the express prior written approval of State. Any unauthorized assignment shall be null and void, a breach of this Lease and grounds for termination of this Lease. Upon approval of an assignment by State the covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto; and all parties hereto shall be jointly and severally liable hereunder. 26. Compliance With Laws, Rules And Regulations: Lessee shall comply with all applicable laws, regulations and rules of the United States, the State of California and counties or cities now or hereafter enacted or promulgated, including, without limitations, all applicable provisions of the Public Resources Code, the California Administrative Code, and the Statutes of California, regardless of which agency or government body may have jurisdiction with respect to enforcement. Lessee also agrees that in its employment practice hereunder, it shall not discriminate against any person because of race, color, religion, sex, ancestry or national origin. 0 Dredging Lease WP 7624.9 Page 7 27. Captions: The captions in this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and conditions of this Lease. This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission and a duly executed copy has been delivered to Lessee. The submission of this Lease by the State, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to the State shall constitute an offer to the State to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have fully executed this Lease. LESSEE:SWALES ANCHORAGE MARINA STATE OF CALIFORNIA STATE LANDS COMMISSION By: By: Title: Date: 4/92 State of California State Lands Commission P.R.C. 0 Title: Date: This Lease was authorized by the State Lands Commission on Cl T Y mw Nzwwa pr B.w.ICN n V � I r+•••..r re r b 4, ewe eNM• � /yay • PaagoF�tooroscr mss' VICINITY SKETCH "i1i1°'• i it" Newr/eer 0AY 'AL IrMWA y j D�sncrK_- 4 • sbo"o'pwrs ape ox'swerrd m 400 o.rd ofawa% e'//olAI bedeM Aieey TVH scow wbr{e/% Mkwwnw ~?v we liegeo /vwx,,m ifi /r /b Gird AA Ac i /Noes . are eei@614 InA r'Aa ,4FeoAMW dWWW rp.jl Aon o. . • :, , EXMBIT "All f ,. .. a LOCATION MAP WP 7624.9 SWALES ANCHORAGE ' ORANGE COUNTY Y r O ra a 00, CNP 96 / �• • �� • ��/Ir—vT/ �/cif �.f'• j�. Q I Am Now �• 4 A•� rI �, r ® !`"" .&Aft s' VICINITY SKETCH C~ I�IR0/�104�0psaeoiw M.rwelrr iwly CA& WWAWA y i +rM Soundwys o►e N vwessed in &00 end dm y ofw rylka •door Arwo" "Wer Ler k&s r^ Wwrwwse.. e .! /ia/e o swrssswis/dj, b Mst AwAoi /,:res Ove eatoo-ea red ,;r �A:s . sevh.w dww*rowj4 ears 0 EXHIBIT "A" LOCATION MAP WP 7624.9 SWALES ANCHORAGE ORANGE COUNTY CNP 96 ' �• sit 3 i 0 EXHIBIT "A" LOCATION MAP WP 7624.9 SWALES ANCHORAGE ORANGE COUNTY CNP 96 Page _.2 of ST— A ARB Permit No. 5- E- 2b C�t,Qb-cS,: 1. Notice of Receipt an d 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 permitand acceptance of the terms and conditions. is returned to the Commission office. 2. ExpiratiQa. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. 'a Development shall be pursued indiligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date 3. C1QRIianca. 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. r 4. Interpretation. Any questions of intent or interpretation of any, condition will oe resolved by the Executive Director or ,the Commission. S. lns e, ion . The Commission staff shali be allowed to inspect the site and the project during its delrelopment. subject to 24-hour advance notice. 6. Assignm n . 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 Lbnd. These terms and conditions shall be perpetual. and it is the intention of the Commission and the permittee to bind 411 future owners and possessors of the'subject,property to the terms :SPECIAL and conditions. CONDITIONS None 5071F MV/lm 9'6 d I ' AWddwo:) ,.. 34Inai 3+l wd9i : be 96. 22 130 i 5-95-025 Page 2 j :I II. S_dard Condi inns, 1. Notice of Re pint and Acknowledgment. development shall not commence unt 9ID�� The permit is not valid. and i l a copy of the permit. signed ned P 9 by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of .the terms and'condit"ions, is returned to the Commission office. 2.',Exnirration. 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 perimit,'must be mad erior to the expiration date. p 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the appli-cation 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. S. Inspections. The Commi$sion staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assionment. The Permit may be assigned to any qualified person. provided assignee files with the Commission an affidavit accepting all terms and conditions- of Jhe permit. 7. Terms' and Conditions Run with the Land. These terms andconditionsshall be perpetual; and it is"thelintention'of the Commission and the permittee to bind all!future owners and possessors of the subject property to the terms and condi ti oris. III. BONE U. �hdi as and Declarations The CommifW,on hereby finds ;and declares as follows: A. Project Description The applicant is proposing the subdivision of an existing single parcel into two parcels -resulting in one. 1.53 acrearcel and one 0. P 479 acre parcel. Existing 'development- on proposedparcel 1 i!ncTudes: a carport, a marina office building land surface parking. Existing development on proposed parcel 2 includes -a:39 unit apartment building and ancillary structures, including parking. i No changes to the 4xiss1:1ng structures are proposed. i 5-95-02.5 Page 3 ii The subject site is locatedbetween the first public road (West Coast Highway) and the sea (Newport Harbor). A 29 slip marina exists adjacent to the.subject site. No work is proposed on the marina. The applicant has indicated that the proposed subdivision is for conveyance purposes only. No change to the exi.sting!;uses is proposed. The proposed tentative parcel map includes a map note which refers to'a Pedestrian access easement (Mark I on the map). The easement referred to is a, 5 foot wide gap along the northern property'line.which allows private pedestrian ingress/egress from the 1subj.ect site. No other pedestrian access is allowed along the northern property line. Vehicular access is precluded along the northern property line consistent with the requirements of the vacation lof a portion of the old alignment of Pacific Coast Highway. The map - note does not refer to an existing pub is access. { B. Public Access 1. Physical Access Sections 30210,, 30211, and 3,021.2 of the Coastal Act require that new development provide maxi'mumpublic access, not interfere with thepublic's right of acquired access, and provide public access from the nearest public roadway to the shoreline and along the coast except under certain circumstances. Public verti`ca'l and lateral access exists immediately, north of the project site in the farm of a bicycle path that runs adjacent to and under West Coast Highway. The bicycle path runs along the bulkhead underneath West Coast: Highway and connects to a bicycle path north of West Coast Highway a ong ., Dover Drive. No public access exists through the subject site to the bayfront.' The subject parcel along the bayfront is approximately 500 feet long. The proposed project will. not provide any new public access although it does not qualify for any of the exceptions of Sec.ti.on 30212. However, a conclusion that access b.e mandated by Section '3021211 does not end the Commission's inquiry. The need to carefully review the potential impacts of a project when considering imposition of pu.plic access:was emphasized by the U.S. Supreme` Court's decision in the case: of Nol:lan v. California Coattal`Commiccion, In this case, there is -existing development at the subject site Although new development under Section'30212(b), the proposed subdivision'wi11 not result in increased intensity at the site.` Con,sequentlythe.proposedsubdivision: will create no additional significant adverse; impact to public beach access 2 buki no Section 30252(4) of the Coastal Act requires that new development' maintain and enhance public access to 'the coast'by providing adequate parking facilities. The existing uses at the site include a 39 unit apartment building and a marina office building that serves a 29 slip marina. The Commission's'adopted Orange County Regional Guidelines recommend -4parking ratio of two spaces for each residential unit andone space for every 250 square feet' of office area. The Commission's guidelines do not include parking guidance for marinas, however in past actions the Commission has accepted a parking ratio for a marina use of one space for every .75 boat slips. Based on these ratios, the g n -site development would be expected to generate a parking demand of existin o 5-95-025 �- Page 4 105 spaces (apartment building . 78 spaces, marina office 5 spaces, marina 22 space). The existing site provides log parking spaces. The existing 20 space carport on proposed parcel 1 serves the existing apartment building on proposed parcel 2. Consequently, the proposed subdivision will result in some'of'the residential parking being on a separate parcel from the residential'structure However thep ro ect are to a recorded reciprocal parking and access easement.The easementssubject will continuat;io,n of the residential parking on the adjacent parcel The recorded doc meet.provides that the easements run with the subject parcels and are binding pon and enforceable 4 ainst all' 9 r i or an r - p,esent and subsequent owners of all y pat of each such parcel. In ad.dition,.the easements are for the benefit of and enforceable by all. present and subsequent owners of each such parcel. 'The recorded reciprocal parking and access easements assure that adequate iparking to serve the exiting deveT:opment will be maintained on site, consistent with Section 30252(4) of the Coastal Act. Therefore, the Commission finds that the proposed project is consistent with the public access policies f the Coastal Act including Sections 30210, 30211, 30212 ang 30252(4).C. local' Coaga 1 Proa�ram Section 30604(a) of the Coastal Act provides that a coastal development permit shall Ibe .issued only if ,the proposed development would not prejudice the ability of the local government having jurisdiction to prepare a local coastal program (LCP) which conforms with,, and i adequate to carry out, the Chapter Three policies of the Coastal Act The Newport Beach LUP was cQrtified on May 19 1982. Approval of the proposed development will not prejudice the ability of the City of Newport Beach to prepare a 'local coastal program consistent with the Chapter Three policies of the Coastal Act. i D. California Envi ronmen;a0ua1 i Act Section 1:3096 of Tittle 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit,'as conditioned, to,b.e consistent with any applicable requirements of the California Envfro.nmental Quality Act (CEQA). Section 2�10SO.5:(d)(2)(i) ofjC-EQA prohi,bitss a proposed development from being approved .i f there are feas i bl e= al te.rna,tIves orfea�si bl a mitigation measures avai l abl a which would subs.tant.i a1 ly l e 'sen any 'si gnifi cant adverse impact which the activity may -have: 'on the'en.vironment. As proposed the; project is consistent with the policies of the Coastal Act. There are no feasible alternatives -or feasible 'mitigation measures available which would substantially` lessen any significant adverse impact which the activityymay have on the environment. 'Therefore the Commission finds that the proposed project can be'foun.d con.sisten;t with the requirements of the Coastal Act to conform to CQA..,, 4857F, i is i STATE OF CALIFORNIA—THE RESOURCES AGENCY _ CALIFORNIA COASTAL COMMISS19N PETE WILSON, CO, SOUTH COAST AREA 245 W. &ROADWAY, STE. 360 C� P.O.S07c 1450 yt. nn►r ■CAO -w CA 9ORM74416 (310) 590.5071 ADDEND DATE: ii August 2,. 1995 TO: Commissioners & Interested Persons FROM. South Coast.District Staff SUBJECT: Commission Meeting of August 10, 1995, Item 5b, Application No. 5-95-025 (Irvine Company), Newport Beach,.Orange County. The staff report incorrectly states that the marina adjacent to the subject site, which is served by the on-site marina office and. parking, ts comprised of 29 boat slips. Twenty -,nine slips are depicted on the tentative map, however, the marina extends beyond the area shown on the map. There are U bout s1_inswithin the marina. Thestaff report states that no changes are proposed to the marina and that 'is still correct. However, the parking analyst's in the staff report is based on the incorrect number of boat slips. Consequently, the following findings, which reflect the correct number of boat slips, should replace the!parking findings in the staff report which begin at the bottom of page 3. The boat slip figure correction should also be made in paragraph 2 of the project description at :the top of page 3. I t 2. Parking Section 3.0252(4) of the Coastal Act requires that new development maintain and enhance public access to the coast by providing adequate parking facilities. The existing uses at the site include a 39 unit apartment building and a marina office building that serves a 57 slip marina (including side ties) The Commis ion's adopted Orange County Regional Guidelines recommend a parking ratio of two spaces for each residential unit.and one space for every- 25D square feet of office area. The Commission's guidelines do -not include parking guidance for marinas, however in past actions the Commission as accepted a parking ratio for marina use of `.75 space for eery boatlip. Based 'on there rdtios, - the existing on-site development would be expected to generate a parking demand of 126 spaces (apartment'UiTding , 78 spaces, marina office 5 spaces:,-. marina • 43 spaces). The existing site provides 109 parking spaces. The'existing 20 space carport on proposed parcel ;l serves the existing apartment building on proposed parcel',2 Consequently, the proposed subdivision will result in some of the residential parking being on a separate parce=l from the''resi,dential structure. However,the project area is subjec to a recorded reciprocal parking and access` easement. The easement will allow continuation of the residential parking on the adjacent parcel. The recorded document provides-'thatthe easements run witp the subject parcels and are. binding upon and enforceable against all I �� � ,� ;, j CITY OF NEWPORT BEACH P.,O. BOX 1768, NEWPORT BEACH, CA 92659-1768 March 9, 1992 SEA Constructors 875 B West 15th Street newport Beach, CA 92663 Attn: Lorenzo Miller Re: Dredging Permit 130-2888 for Swales Anchorage Dear Mr. Miller: We are in receipt of your application and Grain Size Analysis for dredging at the above address. I have discussed with Rob of your office that because the project is on County Tidelands you will need additional approval from the State Lands Commission or a waiver of approval from them. In the interim we will establish a pending permit file until we hear from you relative to the above. If you have questions regarding the above please call me at 644- 3044. Sincerely, Tony Melum/ Deputy Director 3300 Newport Boulevard, Newport Beach PERMI' NO. DREDGING APPLICATION Project Location: 2888 BAYSHORE DR. cubic Yards to be Drddged: 1,000 CUBIC YARDS Method of Dredging:_ Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @Latitude 33031142"N Longitude 117,10 54'.48" W Method of Material Disposition Barge to sea. Turbidity Control Method :.Material to be cent•ained--in Dump Barge at Dredge Site Effect of dredging on contiguous bulkheading and beaches NONE 1-0rzewZ6 c_. Miller , hereby state that I have read the U. S. Army (print name) Corps of Engineerspermit 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. SWALES ANCHORAGE APP cant -type; .name MARCH 9, 1992 Date) SHELLMAKER INC. (Contractor -type name i Signed: G Contrfiictor s T Representative C� T y � NE�roo�r B�•�cN (41 -7.0 Al MLLW 5c,,, le- / 3C / p�aAas� c✓r��rhq 5W, t%/Urr, reAvv,;/000 �►a/o� SAYS"ORE Ili 0?m ti NeWM/ *� Ifs O T Agetl� D. A `r�s;sa4 saw �' ;• �" e PROW 0 Ice VICINITY .'SKE'TCH """''Mr New"*r bwy, CAL iromMIA Soundings G/o exoresssd pv serf o.►e aWmafs eppIA+s bop/ow Meor? Lown Lew byO1600% Morr..wr' ron9• er fiafe /O v?rw.;( IFlbrbor /.ryes are eeoob/r'shsd M "s,:s _ .seekow of New t' or. a 0%, 4 . q Sw es 61 1-71 �4K. S T�rAcr 3 7 s�or�SY�I cam,: 3-06-9z CoAI'MAC TD,e 0^ T6 Din G j L • c . wr, Afe- 7/,v- s-19S"35'q WtMONO 70' 4arii3#' 'k?o-p tN N'T most ?1 �t,�Eex JFK �e�• x»i #'inti tom nI ti NeWM/ *� Ifs O T Agetl� D. A `r�s;sa4 saw �' ;• �" e PROW 0 Ice VICINITY .'SKE'TCH """''Mr New"*r bwy, CAL iromMIA Soundings G/o exoresssd pv serf o.►e aWmafs eppIA+s bop/ow Meor? Lown Lew byO1600% Morr..wr' ron9• er fiafe /O v?rw.;( IFlbrbor /.ryes are eeoob/r'shsd M "s,:s _ .seekow of New t' or. a 0%, 4 . q Sw es 61 1-71 �4K. S T�rAcr 3 7 s�or�SY�I cam,: 3-06-9z CoAI'MAC TD,e 0^ T6 Din G j L • c . wr, Afe- 7/,v- s-19S"35'q CITY OF NEWPORT BEACH HARBOR PERMIT WIN 18 WIMGIVIVINTO COMIUCT AND SIM rISICAM TCI' TO E FROMM OSP AMO" MW FOLNMS V NEWT W !EACH AND � OOI�IIION>< um HEREON. THIS FERW :MPWORAIU YMINWTO WRR18N CONSENT OF !Hr khom C001m wm OR C"y COUNCIL. THE I OM UNINN THIS NNW ARE FEtIINItt m ONLY MIS /NIIYMI MAY SE WOM SY THE CRY COUNCIL IOROIANC! wnH 7III9 it. OEM NWUNlGii4t. CODE. PERMIT NO. DAT. E P&M-, € iSSUnCI SUBjEC.T To oma,j7D vf ,' 6 ftp _ BC-1jjQ PACED ON HLZA'??j SPECW CONDMONS. Corm of lEnonem PAY ' / " ''s4`�� Of11W Other �C��f� 4/7/92 DATE -_- Ti WHILE YOU WERE OUT Barbara Dugal, State Lands M ommission 1807 13th St,Sacramento 95814 OF PHONE NO. 916-323-7210 EXT. _ TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN To SEE YOU URGENT Wants copy of Blanket Dredging -MESSAGE erml issue o- fig Coastal -Commission, in regard Ld.ItCi ciNN.L l�.0 dredging at at Swales Anchorage. Stai P Lands ('0mmi inn WIT T. NO waive their permit, contrary to Tony's request/letter u on nee to ca er i you just sent the permit so sh( BY Mol tL V, -7--o i �-4 j _:�L :i� - T ll,k w -IV j, "I'lis CrOvV shoot - U i i E � CIS , w fxj AA - 174 A0, U i i E � CIS , w fxj t 1 s P . - D — -=4 -2 t°7 Ci t--[ 1 y F, RONALL) J. Lt 1ht1AN UAVU 3-.I, LEE CiI E. CUNNINGHAM _PUM: i g 0r0ir-r;--'A(N1 ;h LA Su�N w�f Nar0 f 29, 1991 Mr. Lorenzo S73 -B We KV Newport each V, jj I . Praject 91-16-03 JA Ancharile, Dear Mr. Miller; one rgbq1.t0QQ"0Q"V Size analysis "111016 Provided,ty7mylp The test I P rocedur £'rmy carp o I J;a., � r„ ���1 Engineers epo Qj0P§P *TA 10- dV���`' I - I SAT 10 you have ,������ban I � ' I I Respectfully f -fit t` r }t David .e: ;���T- mics dSs'�f SRI P D6 L/fdy"Ty- One -h [t s` + .. r n .'_ �. �__ e €_'e3 ��'-s. ��i:l�� '1 ill ���"E _�.�€�'� .r'r3'. ��il�i �i''Ai �.- r !R+ +�iq}by ern tI MRS , � t � I 11111 7 +� ti•., 1' i P �. ' ' F y i �'I i�j 3} I r 7VNot �� r I I I I� 1 VIA HIP vI }I { r k.'a Yr rl✓i I I• �,kl`1 (' rCl3 +� t�{ I 4 r-1 ICAY a OA 0 A All? I PeBALC if if ji; t -Il iij it MI- L., lif 11 ifF Iff" 00.0 lit It if I - I IrT 1 llt TH 9G. is j if H if AJ I iif f J!! wi ae Ili 1[ �jl�f II t� tllirli , -Iti Ji;£ 40 "'r jt f 00 H 40 uj 30 if as (f 1'liI f 1 T 10 f I ,; �jlijl slii 11 I j.f! ! jl !I r-�fjtf{ �,il1k �I�IEt Ill,k ' lit i it j iil i'I tfll`ill 'jail, l���r��l`It i;IJt it fill if J� 0.5 1 1 1 , lI t H HIIt tJ 1; 1 1 ill, If FrF . it: :i 1 1 11 1 If f . . .. . . I fT yl '1 j Iljl,# 11 I�l{`��j 1+t i! Mll 1! lit Hi. 1 1 111 J, I I IL PAI -1 ?t:,0, VlAtA9_T113j im P N 1 Vh I T 6 F -Ali M -A-4 Of A M �ii I F, MILLIM0 J'aNg 1, A r!€t: a` M V i CA % r R v a - 'd % sari 8.00/'& Slit -clay Sampie location' 20-88 saystiore Orlive, Newport Beach, CA. Le:jmAr-JfLr Eq ill, Room GEOTIECHNICAL ENGINEER$ F;or; S,EA Constructors ............ r CUMULATIVE 'GRAIN $I DISTRIBUTION P111 UNITS P - 0 4 4- p v Le Man ana Inc a In a b141 k ba by s ��..r34g= 1. Lea of z, Q-45 ofgray fine sand with some a hall fraagments an was Qba.LnUd from 2R5_88 Ba;,z jj' -,ro Drive-, liiii � �► LEE ja r` . sAt Curistructors (GRAIN SI'Z9 SUMMARY iprc!ewct 91-16-03 MARCH. 1991, 'yd�i2µ 't �^lst a4 .i. l�xy' J. 11 j 9s _S, sJ sr �f ! g. g.'��. {-4 /�[sd. d•+..: 4' +.dlTW%4 i . %d "I. 1 0 0.1 0. 25 2 ,. itic i j -7:. 0 c t Ell 8 0 s 7 - i U. e. s J'73 {fie 4 t€ � h as Gc.a3 }ir.S_21 Le Man ana Inc a In a b141 k ba by s ��..r34g= 1. Lea of z, Q-45 ofgray fine sand with some a hall fraagments an was Qba.LnUd from 2R5_88 Ba;,z jj' -,ro Drive-, liiii � �► LEE ja r` . sAt Curistructors (GRAIN SI'Z9 SUMMARY iprc!ewct 91-16-03 MARCH. 1991, riH r--•=4 FR.r i 1 i _ P_ 0 SATS LAMS COM SBIDW 1507 13TH STREET SACRAMENTO, MIPORNIA 95814 (916) 323-7210 May 6, 1992 File Ref.: PRC 7624 Swales Anchorage Jeff and Steve Fairwell, Managers 2858 Bayshore Drive Newport Beach, California 92663 Greetings: Enclosed are three copies of the Dredging permit approved by the State Lands Commission on Xay 50 1992* * Please execute tura copies of the permit and return them bath to me at your earliest convenience. A fully -executed copy will then be returned to you for your records. If you have any questions please contapt �Jnda Martinez at (916) 322-6375 Qr address above. sincerely, r.u(. ',._..-E a.rbara Ruga 1 ,rid Agent Enclosures cr.: Shellmaker 875 "H" West 15th Street Newport Beach, CA 92663 rt RQNALD J. LE�JMArV OAVID K LEE X,' .��� /' COLIN S. CUNNINGHAM •J��,ai� I l _ -.} I tilt{aNF ... i Ai'*+f , N E �i7RC�t GROTEC�WNIC,AL ENGINEERS March 290 1991. Mr. Lorenzo Mi leS.E.A. C0N9TjWdT'0R r a I 873-B West Fift�eltlh Street Newport Beach, °G .'� 92663;1' ;CyLi7r N,Prolect . 91�-1��03 ,r SUBJECT: G'riiri Size' lrer ", sr u.41.7.; fCa ,Ya x�, uc lap: E l'?btained froom '28 ,8;' Says c a` :Driv1 0­ er `i�ew Swales ,Arnchoragie Dear Mr. Miller., 4 I' Presented-'H�etdWith- Wt#, the re8ult c.' o a gra .n °'Sjze analysis rmt N - '�„ ^.I l t .... performed' ori'car.Vsmp'e .provided tt++�Fpyc�ur firm. The tea ` i' procedurd was ith, M :n .actor ax�c wsTD42 ' b F, nt ', Army. Grp of Engineers Report-5 NatbdrnCETA 79-7 trite' i � � 11'1". a�" •��Yw �'^�� � � .�. �-' Please do riot l est . 8. .0- call .i you�ha�veRFari r`c tiestions after I i.l I r. YOU h2ly$ :re�riewed 'hA, °;at`taohed data • espectfully Submitted Q j `lwL [ - .A Lk'JMAN ANIa$N ` LEE, C�ORPORoilii!' El y �y 3. �ar,'a,k }� ,y� y,} 'L��I v {t " `�rlY,rri,'�K,"vkR3► 11; I.. LJ�Y �.d -.,i7 • r p +. k�.ltt , h I Irl, +V 0�,�{_ �$' I Ali. sir ^. ... dootechIll .' Ene �neerJ, kn�l q aEC QF CA1: One copy submitted, I YI . J Attachments: P IPle]. rr `�;in. Size aummar►Jr�rs}A'I, t�2�=-'C�xmulati�re in ,s�itbu egaton 1±' ptln�1 �I.iL 1tyikl n 1r�4 ti``�h�I� s' �i �I*lad -•r i? 14Nglly� A���FgFg I i,• I II {'_h n �:� wR r i RyM �;,y��. p t -t.. I r• i-: 5 it.f::• I it-r Ill 19rsil 4'slii una'Hill A' ...53 C7'1 � , a'i' 3,t `l ;x;C 41+ IP15451 ; 54 ryor-A i a Grain Size Summary ----------------------- w ----_---------w----. --- P . 0 - ---------w_------rare--r-------m-------- .r------ ------------------------- silt-clay <0.074 3.75 <200 8.0 100 ------------------------------------------- -----_----_------- 0.5% Gravel 91.5% Sand 8.0% silt -clay Sample provided to Lejman and Lee, Inc. in a bulk bag by S.E.A. Constructers. sample consists of gray fine sand with some seashell fragments and was obtained :from 2888 Say,shore Drive, Newport Peach, CA. at a mudline elevation of -2' MLLW. - PLA It L.EJMAN ANo LEE N a a A P, a R A* R 0 GRAIN SIZE SUMMARY CiOOTOCHNICAL ONGINCeR® For: Q.E.A. Constructors erninrt 91-16-03 MARCH, 1991 % Material cumulative Opening Size Sieve Retained Percent (mm) Phi Mesh by Weight Retained -m----------------------------W----_------------------------------------ Gravel 2.83 -1.5 0.4 0.4 2. .00 -1.0 f7 10 0.1 0.5 --------------..----.ww.------ 1.41 -0.5 - 14 0.3 0.8 - 1.00 0.0 is 0.6 1.4 0,71 0.5 25 1.8 3.2 0.50 1.0 35 7.2 10.4 Sand 0.35 1.5 45 16.5 26.9 -- 0.25 2.0 60 30.4 _ 5793 - 0.177 2.5 80 23.8 81.1 0.125 3.0 120 8.1 89.2 0.068 3.5 170 2.4 91.6 0.074 3.75 200 0.4 92.0 ---------w_------rare--r-------m-------- .r------ ------------------------- silt-clay <0.074 3.75 <200 8.0 100 ------------------------------------------- -----_----_------- 0.5% Gravel 91.5% Sand 8.0% silt -clay Sample provided to Lejman and Lee, Inc. in a bulk bag by S.E.A. Constructers. sample consists of gray fine sand with some seashell fragments and was obtained :from 2888 Say,shore Drive, Newport Peach, CA. at a mudline elevation of -2' MLLW. - PLA It L.EJMAN ANo LEE N a a A P, a R A* R 0 GRAIN SIZE SUMMARY CiOOTOCHNICAL ONGINCeR® For: Q.E.A. Constructors erninrt 91-16-03 MARCH, 1991 ryHR- - •D 2 r•1or-4 1 2 4 _ 60.6 Q6. 00. 14 f Cs a,se6T e, x6 0. �s a,vr,r PARTIOLIT GIAMMA IN MILLIMOT0ns Median -1.9 0 (.28mm) 0.5% Gravel Mean .1.9 .0 (.28mm) 92.0% Sand 8.0% Silt -Clay Sample location: 2698 Bayshore Drive, Newport Beach, CA. ILLE,JMAN AND LEE N 0 W x w e A w r a o GEOTECHNICAL ENGINEERS For: S,E.A. Constructors CUMULATIVE GRAIN SIZE DISTRIBUTION PHI UNITS ro ject 9_I-16--03 _ MARCH, 1801 F1 . 17J 4 PLA f= 2 I I IAll�l I i i uu imiio �AIRIII�IIIAI I �I III 14 f Cs a,se6T e, x6 0. �s a,vr,r PARTIOLIT GIAMMA IN MILLIMOT0ns Median -1.9 0 (.28mm) 0.5% Gravel Mean .1.9 .0 (.28mm) 92.0% Sand 8.0% Silt -Clay Sample location: 2698 Bayshore Drive, Newport Beach, CA. ILLE,JMAN AND LEE N 0 W x w e A w r a o GEOTECHNICAL ENGINEERS For: S,E.A. Constructors CUMULATIVE GRAIN SIZE DISTRIBUTION PHI UNITS ro ject 9_I-16--03 _ MARCH, 1801 F1 . 17J 4 PLA f= 2 P��T Fo aN�P CITY OF NEWPORT BEC P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 14, 1989 Jeff Farwell Swales Anchorage 2888 Bayshores Drive Newport Beach, cA 92663 Dear Mr. Farwell: The City Council, on December 12, 1988, approved a Special Services Agreement with George Hamilton Jones, Inc., for the preparation of an appraisal setting fair rental value of City Tideland parcels devoted to commercial useage in Newport Bay. The valuation includes consideration of the fact that publicly owned tidelands areas subject to the City permit fee are joined with privately owned uplands to form an economically feasible commerical use. The existing fee has been in effect since 1980 and is set at $0.085 per square foot. Based on the recent appraisal the staff in the near future will be -recommending to the City Council that this rate be revised to $0.205 per square foot. If I can be of further assistance please call me at 644®3044. Sincerely, David Harshbarger Marine Director 3300 Newport Boulevard, Newport Beach V ZNHNHHDVII1 Co i t I y cc . • i ��� i I iI 3 ��£ I p .a t I ciTY of NEWPORT REACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANC MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS Or THE HARBOR PERMIT POLICIES OF N =WPORT BEACH AFI ANY SPECIAL CONDITIONS LISTED HEREON. TH.IS PER&V IS NOT TRANSFERABLE WITHOUT THE ld LEAT.EN CONSENT 0.: THE CITY HA�ZCO=' OR CITY COUNCIL. Tr RIGHTS GiVL;v:a=r:Tei. ARE PERMISSIV Oma:'.. AND THIS PERIWIT MAY UL R:iVo;t2iD EY THE CITY IN ACCORDANCE WITH TITLE 17 F THE MUNICIPAr. CITY HA O COORDI. SPECIAL CONDITIONS: Corps Of Ef g;neers Permit A Z F 43 Orcnge County Permit Other Permit issued subject to Dredge Material being hauled to sea PERMIT NO. 1_04- DREDGING APPLICATION Project Location: 2888 Bayshore Dr. Cubic Yards to be Dredged: 325 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33031142"N, Longitude 117'54'48"W Method of Material Disposition: Barge to sea Turbidity Control .method: Material to be contained in dump barge at dredge site. Effect of dredq.ing on contiguous bulkheading and beaches None I , LaVerne Harris , hereby state that I have read the U. S. Armv (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 a43cept all the provisions there. --r.. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of thE- affected zone. Swales Anchora a Newport Dredging Co. ApplIcant-type name(Cont,actor-type name) 5/18/83 (Date) Signed.. / 1-<eprese tative y - v .Q, VIA"- -j a r � 3 N P w � u x Sly , W 4 v. 4 s [t .t at "ill"" T' z r i s,, t zE: ro pgp� SS 4A,VON-, "' � � - �,.✓c., .. s , ,.., tis ,. .,+ .. >,�? �.: .... ,- 3 Flo WO r t r s� x r e r z . i l of to x• , �y l #• w ti l 'k f £� F P z t r y` Y e w s rfi M } J. z: fl , j Y d� „r �1 ry m of K X, XITY OF NETS/1100"I" BEACII 1) 0. 13OX 1768, NEWTORT BEA(Ji. (aA 92063.383-4 February 28, 1988 Jeff Farwell 2888 Dayshore Drive Newport Beach;. CA `92660 D ar 1r; A check of the City's Harbor Permit dies has revealed that the pirrnit for the pier and float at 2888 8ayshore Drive, Newport Beach is registered to California Recreation Company. A transfer application must be completed and a transfer fee paid each time the permit has chanced ownership. Chapter 17.2.4.030 of the Municipal Cade addresses the transfer of a permit and reads as fellows. "No person shall transfer a permit for a p'ie'r, float or similar structure granted under the provisions of this chapter without prior written approval of the City, Failure to Ray the transfer~ fees can be grounds for revocation of the harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code, Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tpny Melum/ Tidelands Administrator TO db 3300 Ne�xi ort Boiilevarci, x'ow})ort Bea.ch NwE * aogr- BEACH P 7 C SITS ro Law eotb CITY OF NEWPORT BEACH HARBOR PERNUR' PrRM'SS'ON IS IIE"ERY GRAVTFD TO CONSTRUCT ANU, MAIN)'AIN THE FACILITY SV0j;'Lllkj �1N' TVNE ;jrj?E0p AT THE SITE NS 0,' T14E IIARSO.n ANY SPECIAL T 81; -1 AN- I-A"S PERM: IS POT P- THE CsTY PiGHTS GIVEN AND yi-.Js r-,,r .rj:jA-jfT VA.A.'-V EIE IN ACCORDANCE Wk-l'" TtTLIE X-' OF Tj-r ODE CITY a PERMIT NO. DATE SPECIAL CONDI 7N: Pern-lit Orange County Permit 10 13v -.z JTZ CITY OF NEWPORT BEACH MARINE DEPARTMENT Item No. April 13, 1981 T0: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATIONS 130-2888 and 200-1001 FOR MAINTENANCE DREDGING Recommendation: If desired, approve the maintenance dredging applications and the hauling of the dredged material to sea Discussion: The applications require City Council approval under the conditions of approval placed on the City of Newport Beach general permit far maintenance dredging issued by the U.S. Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977, to allow beach restoration. The, locations and applicants for the proposed dredging are: 130-2888 California Recreation Co., 2890 Bayshore Drive 200-1001 California Recreation Co., 1009 Bayside Drive The staff has reviewed the projects and has determined thatthe work will be done within the parameters of the Corps of Engineers' permit.,The dredging contractor will place a.filter screen around the dredge area to control turbidity. There is noknowneel grass ;in the vicinity of the project. All dredged material will be hauled to sea and dumped. David Harshbarger, Director Marine Department Tony Mel u Tidelands.Administrator TM:ak .C/ r Y aa- Newpaer 86ACH _ T Car- Bram -ca O— - e �pTIIL'l-- / .tom - - _ • o R T Q •wcQoA 1O suu� D - CJ e4 -:Z' 7M c- 4QLA ,rte,.• c VICINITY SKETCH wurJart, Nrw,**Rr BAY CAL tFORNNA j, / Jsrrr r w S041nd/»93 ore d.r/oiesscd /n &e -j4 and dinofe deplHB below A-Peor? Lower Gow Waved.^ Mor/..w.ss ronya of fide apPrdxl.nafs/y l0 "IP&7t. Horbor ore es�ob/♦'shed /n �h/S secJl/oA 0117New,~14 Bar. 1 R7 I �X o top cA.c.lTs G'r��F .P �E.gr�o�v Co�►� .di G o r 9 " Bck. 94 C C7' T40r -10 B A ooze ss /tit!% �'AYSI�iC-" � � CaunrAc r4a cS�tL ,9,# -w OATS 3 PERMIT NO. DREDGING APPLICATION Project Location: Dover Landing,—, 2890 Bay Shore Drive, Newport Beach, CA Cubic Yards to be Dredged: 200 c. y. Method of Dredging:- Hydraulic Suction Nature of Dredged Material: sand/silt Disposition of Dredged Material: Haul to sea and dump at Latitutde 33031'42"N, Longitude 117054148"W. Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None I, Glen Weldon , 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. Shellmaker, Inc. Contractor -type name) Signes "Ly 1 r Owners Representative October 20, 1980 CITY OF NEWPORT BEACH MARINE DEPARTMENT 640-2156 Mr. Eddie Powers California Recreation Company 1137 Bayside Drive Newport Beach, CA 92660 Dear Eddie: As I mentioned on the telephone, under the blanket permit issued the City by the U.S. Army Corps of Engineers, we can issue permits for dredging projects up to 200 cubic yards per site. On May 12, 1980, the City issued a permit to California Recreation to dredge 200 cubic yards at this location. It is felt to issue another permit so soon for the same location would be in violation of the intent of the blanket permit. In view of the above, I am returning your application papers. My suggestion would be that you directly contact Bob Atkins of the U.S. Corps of Engineers, (213/688-5605), and explore the possi- bilities of obtaining a regular permit from them to dredge the en- tire marina. If I can be of further assistance in this matter, please call. Cordially, Tony Me' um Tidelands Administrator TM:ak encl Cite hall 3300 Newport Boulevard, Newport Beach, California 92663 PERMit NO. DREDGING APPLICATION Project Location::; 2890 Bayshores Drive, Newport Beach, CA Cubic Yards to be D edged: 200 C.Y. Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand and silt. Disposition of Dredged Material: Hauled to sea and dumped at latitude 3Y 31m. 42' N. and longitude 117' Som. 48' W. Method of Material Disposition: Barged 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, Rick Nyquist , 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. California Recreation Company (Applicant -type name Shellmaker, Inc. Contractor -type name) -- -I/f Sign Cl T Y . aa- ArwloO,pr &E,QCN � Cv.e Beoche�o�.� u,•,-,• 0 aN �- EXlST� witrtiir u*^ .e R Te"40A �"�l /ST l�OTTOM DOCKS "« Q rsaAe p D 4 A C+ /�� Z �:otrra MCA g / VIC)MITY SKETCH W"r "'rr [A.# N9wlowr SAY C.aG IF'oaw/A y� - r i iorrr Soundings ore WXpiCVSed rn feed and dono�6 be%w Meon Iawer Low WoP'O'r. Mopr..w... ronya of H -le oPProxr.nol�/y /O +ria Horbor /ones are eaiob/r'ghsd /rr /his , SeCAapp oFNewpwf roT/a L v.PL �G�iS/G = �aD cv, Ya n C3AYS.40kr E LOT / 7/ p Aa 3 277 U S. eL/<1J G ANL f A \ LAS, P/�AAIL-AG UNE � � � / Op ��, . j DPEhGF�¢l��iq 6o-� ,q XisT' Cr4.(3L L CROSS/� � r lS/�/�G�Go j q r sous-� c C,4LL ®QD48Z•4/3z - L y/ST CO�P/.'"rJURS' L/GPL.P Gt q Y C�-1A1VIVZ I- 1 o o ioo Soo CAA -1 7-5 CAG/FG�iS�/,4 ,FCGFL��T/C�v�oMr� G o r /7/ B7-,ZAC7- 3277 { 2890 �qy.f-IG.C'E iJ,r2il/L? Sf�/LLGMr4i�EJ�. /oB ADDR'E'SS Alr&ACTOAC O.AT6 �l�''•.Y� I Cl'rf OF NEI ORT BEACH PRERMISSION AS fWRF.rfV.OKAPI-MV TO COYNISTRUCT AM MAINTAR-1 THU FACSI.M.' 2HOWN, ON HERS(w, AT THE Sma vu -t-frdAmnis OF THE HASOrl RE'ACH AKV P AUY SfR-,'CU',U SeRAM'. Is U()Y U&14 0i r"p RIGH?s ewvr-,a uz"ill;m, VviVA PRDPVT AND T419 MA'V, C�.' m VIM Clilly CIVU-mciL IN ACCO-gbAki6L WITH Ti -ML 11 OP Ylv* MVAMPAL 0001e. '7--7- L - 4 ,K99< PERMIT NO. ClW ENRON COORDINATOR DATE fifscWJ. 4,"401,410or k"'W1116 corps of ca", vaers perash �7 Gralize County Ferrw* MARINE DEPARTMENT May 12,'198u ITEM NO.: H-17 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 130-2888, 172-815 AND 172-819 Recommendation If desired, approve the maintenance dredging application. Discussion The applications require City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issued by the U.S. Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The locations and applicants for the proposed dredging and beach restorations are: 130-2888 California Recreation 2890 Bayshore Drive 172-815 G. M. Washburn 815 Via Lido Soud 172-819 G. W. Grundy 819 Via Lido Soud The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will. place a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the projects. At 815 and 819 Via Lido Soud, the dredged material will be placed on adjacent beaches. This will aide in the restoration of beaches bayward of private residences. At 2890 Bayshore Drive, the dredged material will be hauled to sea and dumped. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Mel m Tidelands Administrator TM:nn 'i 'i �✓STAFF REPORT (Item 2, February 27, 1980 HBP Commission Agenda) SUBJECT: Permit Requests for 2800, 2812 and 2822 Bayshore Drive, Newport Beach. . EMA Central Permits has received three requests to construct residen- tial piers on county tidelands adjacent to the above addresses. Copies of the pier permit application drawings are attached as Attachment A. The area for which.application is being made is presently occupied by Swales Yacht and Anchorage and is used for commercial slip rental. Authority for Swales occupancy of the site is contained in Interim Tidelands Use and Occupancy Agreement entered into with the county on May 18, 1971. A drawing showing the demised premises is included as Attachment B. Term of the agreement is on a month-to-month basis. Rent paid to the county is $251 per month. Currently the county is conducting a rental survey to determine current fair market rental rates for all commercial marinas in Newport Harbor that are located on county tidelands. it is anticipated the rental rate will increase substantially. Inasmuch as the pier permit applications are for an area of county tidelands presently occupied, it is being recommended the permit ap- plication be denied. Attach: As stated. M January 18, 1980 Newport Beach Marine Department 70 Newport Pier Newport Beach, CA To Whom It May Concern: The California Recreation Company wishes to announce a name change of the Swales Anchorage located at 2888 Bayshore Drive, Newport Beach, The Anchorage will now be knownasDover Landing. We ask that you make note of the change and record accordingly on all official documents. Sincerely,, // MM California Recreation Co. ® 1137 Bayside Drive - Corona del Mar, California 92625 * Phone: (714) 644-9730 I Cl r K or Ne,#,po,vr &.&.4c,,-✓ Peb FI -- / 30' I,/';t' I Ao L w N E •/aesAOl/ a*r u 0 R 7-B:; 1. A P,t4 D bt���, 00I s� w„a ,o t C v,ta V d C d hl ! 7 Y 5 K E T CH k cAve Naw'Pp -r aAy, CAL IFOIR IA 5•0(lndirn475 ore fard d»d dr.eods o'mpLoa/ k✓ofrr. r®n�r� o{ dr'dc o�p�vxl•»odr;Y /o,I®.af ifords>r /oireS -rare e9fo6/f,SAar/ /� rlh:S . scc/,O" o� rife.✓Po.r< ear. U PPC (z /? A `r-) C !! r7 ✓N� L C r r - — o. L } _. TT--__I._F `t 3rd 2C' + I{ I TV - 5 -1\44-5 r. go't"e-12 AOr 'y o 7 I j 9, 327 .,.3 -2' 7p• 7.i�9 32.93' f r 'r & g �+ may- -- —$_ / :. i�'�yyg--.�.�.��--�-.-• Or A� ! �r/' f fJ T ` V lam. / G.A Dae 4r ss z 07— Z a /—,e, -- C- res m ©A -re !Z// 71'Y ATTACHMENT B W. i Cl Pled (Jo C7L li P 1, rl TA wrac/ a.= Pia FIZ 6 I a® t r $.� N Oild A A 7- 'ate0M`p1 SKETCHBcc p� D Its .r I( wA3I JdYT J � C ws r s �srl �EWYP F7T �A'{ CAC IFfJ [S NiA � J' /- 5'0U11o'I,j93 or® a,��resa�d in !re/ and d•..o/e o'e,P?A3 be/ow "eon Lower Lo -d b✓larFtr. ron9r C7 /- /-'da Og:/rP-OK/+rro/eIr /O ✓ tr Horbc,r /.nes art esjob//'sAad ?Ib:s .5cclio.n ofNawyor-1 mor vppc /2 0A) y -- -/i,�q,J,.jC-/- z77 4 7. S<) PAL /c*A"rs -/4 CO Q-�" cy z 7-RAC7- 3 z`1. �/ ATTACHMENT B w AWL _ i 2 I ►III I I �,.. ,., �_ I� Po G.ti '04) f��F .r � 3a I 1 6.a 6 O II I Joe S/ f 2�- N f .o e V I C i M I TY S k i C H svacr /rirT p� 5 se � ►dawnevar 6hY CAL ,efaM,+al,A a Jit+ 3'041170(11795 0IW &AY® -Cjr3e-d "" irrf Once 040-40/0 &*y- ?h s 6 r/o w Meo,7 J o wesr G o w !r✓o rrg-r. 49raxr"'4�/w, roupve o! b"cec o�� uA,�„oat.riy /O � t tarda" /.»ej Orr arxia4 r'}hsdfsv fh;3 . sCC/.-o,a of rF/dsw�.f �o� Y "{ .-,gao= 7' 7 E'9 , 32.93 !i f� d Uc1 0 R V--� �ej_so' 4� /c-Aa1T5 fL4 C,4 e,- ic%x- 7- ��,�, 70Ac7-3Z 7' ,A eg � ES Z Cake-rVA c ro f OA re /G/71� �v ATTACHMENT B 0- ( � SEW P() FOR August 2, 1979 CITY OF NEWPORT BEACH Mr. Donald L. Drozd Law Offices Witter and Harpole Newport Financial Plaza 610 Newport Center Dr. Suite 1530 Newport Beach, CA 92660 Dear Mr. Drozd; The City of Newport Beach Marine Department has not received an application for the transfer of the marina from Swales Anchorage to the Irvine Company. Consequently, I have no knowledge of the transition of the Swales Anchorage to the Irvine Company and their proposed plans with same. In your letter of July 27, 1979, you pose three questions. In response to your questions, please find the following: 1. Restrooms - my records indicate that the Swales Anchorage was built prior to the City Council adopting the Harbor Permit Policies by Resolution in 1964. In other words, the restrooms that are there now are probably legal but nonconforming in regards to the Harbor Permit Policies. Should the marina be rebuilt as you have suggested, the City's Harbor Permit Policies would require restrooms to be in conformance with Section 19.B of the Harbor Permit Policies. Hopefully, if restrooms were required to be added for a rebuilt marina, they could be positioned in such a manner as not to burden your clients properties. The City Marine Department staff will work with you and your clients regarding this matter if and when the City receives an application. 2. Size of slips - marinas that are rebuilt must conform to .City standard drawings. The size of slips is fairly limited by the U.S. pierhead line and project line. The City's Harbor Permit Policies state that piers and slips may extend 20' beyond the U.S. pierhead line between bulkhead station numbers;130 and 131. The U.S. pierhead line is 55' beyond the U.S. bulkhead line. In accordance with the City's Harbor Permit Policies, slips could extend bayward from the bulkhead a total distance of 75' by policy. 3. Private pier - the tidelands bayward of the Swales Anchorage are held in trust by the County of Orange. The County would be the primary agency in delineating who has the right of;use of.these City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 Donald L. Drozd -2- August 2, 1979 tidelands in question. Normally the County and City work closely when dealing with Harbor Permits that are over County tidelands but are within City limits. If and when the City receives a marina transfer application and or application to rebuild this marina, I will call and let you know. The application and plans for a marina project would be open for your inspection and input. An application for rebuilding Swales Anchorage would require the approval of the City Council. In the past, the City Council has conditioned their approvals on marina projects so that they are environ- mentally in consort with the surrounding residential zones. Sincerely, Dave Harshbarger Marine Director DH:mw cc: Terry Swindle ti UNEWPORT Mr David Harshbarger Marine DirectorCity of Newport Beach3300 Newport BoulevardNewport Beach, California 92630 Dear Mr. Harshbarger: I am writing on behalf of my clients, Mr. William Cagney, Mr, and Mrs. John Colby and Mr. Bruce Heazlip, owners of Lots 1., 2 and 3 of Tract 3277 in Bayshores. Mr. Cagney and Mr. and Mrs. Colby have lived in Bayshores over twenty years and Mr. Heazlip has lived in Bayshores for seven years. My clients are concerned because it is their understanding that the Irvine Company has informed Swales Anchorage, the present operator of the piers and floats abutting my clients' property, that it intends to terminate the lease between Irvine and Swales effective August 1, 1979. The possibility that the Irvine Company may become the operator of the Anchorage, together with the realignment of the bay bridge and the recent controversy regarding the validity of the 1975 settlement of The Irvine Company v. County of Oran e litigation, has caused considerable uneasiness among my clients and raised several concerns regarding pier and float rights in the bay adjacent to their homes. First, the landowners believe that the present anchorage is possibly being operated in violation of the Sanitary Requirements of the Harbor Permit Policies, Section 19.B requiring at least two restrooms for every twenty available boat slips and requiring that the walking distances from the furthest boat berth tol.a restroom not exceed 400 feet. Their concern is that the result of compliance with permit requirements by the Irvine Company could be a restroom facility located adjacent to one of their residences. Second, in the event the Irvine Company removes the existing pier and float facilities, we are concerned that they would attempt to replace them with piers to accomodate larger boats, resulting in the substantial impairment of the landowners' bayward views. LAW OFFICES WITTER AND HARPOLE NEWPORT FINANCIAL PLAZA GEORGE G. WITTER LOS ANGELES OFFICE MYRON E.HARPOLE- 610 NEWPORT CENTER-DRIVE,SUITE IS30 LARRY R. BEMIS NEWPORT BEACH, CALIFORNIA 92660 270 LOS ANGELES WORLD TRADE CENTER 350 SOUTH FIG UEROA STREET DONALD L.DROZD - TELEPHONE: (714) 644-7600 LOS ANGELES, CALIFORNIA 90071 OF COUNSEL EUGENE HARPOLE ^7 July 2 / 1979 Y , TEL 1 I IO 624- 1311 H. KENT HOLMAN ? \ P UNEWPORT Mr David Harshbarger Marine DirectorCity of Newport Beach3300 Newport BoulevardNewport Beach, California 92630 Dear Mr. Harshbarger: I am writing on behalf of my clients, Mr. William Cagney, Mr, and Mrs. John Colby and Mr. Bruce Heazlip, owners of Lots 1., 2 and 3 of Tract 3277 in Bayshores. Mr. Cagney and Mr. and Mrs. Colby have lived in Bayshores over twenty years and Mr. Heazlip has lived in Bayshores for seven years. My clients are concerned because it is their understanding that the Irvine Company has informed Swales Anchorage, the present operator of the piers and floats abutting my clients' property, that it intends to terminate the lease between Irvine and Swales effective August 1, 1979. The possibility that the Irvine Company may become the operator of the Anchorage, together with the realignment of the bay bridge and the recent controversy regarding the validity of the 1975 settlement of The Irvine Company v. County of Oran e litigation, has caused considerable uneasiness among my clients and raised several concerns regarding pier and float rights in the bay adjacent to their homes. First, the landowners believe that the present anchorage is possibly being operated in violation of the Sanitary Requirements of the Harbor Permit Policies, Section 19.B requiring at least two restrooms for every twenty available boat slips and requiring that the walking distances from the furthest boat berth tol.a restroom not exceed 400 feet. Their concern is that the result of compliance with permit requirements by the Irvine Company could be a restroom facility located adjacent to one of their residences. Second, in the event the Irvine Company removes the existing pier and float facilities, we are concerned that they would attempt to replace them with piers to accomodate larger boats, resulting in the substantial impairment of the landowners' bayward views. J. - Mr. David Harshbarger July 27, 1979 Page 2, Finally, the landowners are concerned that the issuance of any permit to the Irvine Company would be adverse to any pier and float rights they may have as owners of abutting upland properties and as payors of real property taxes based on the existence of such rights between 1965 and 1975. My clients would be interested in any information you could provide regarding the above and also whether the City would be inclined to issue pier and float permits to them as upland property owners to conform their lots with other residential lots between U.S. Bulkhead Stations No. 130 to 131. Please contact me at your earliest convenience, and thank you in advance for your cooperation. Very truly yours, 0m, 'A01 Z. DONALD L. DROZD DLD/as cc: Mr. Terry Swindle County of Orange Mr. David Harshbarger July 27, 1979 Page 2, Finally, the landowners are concerned that the issuance of any permit to the Irvine Company would be adverse to any pier and float rights they may have as owners of abutting upland properties and as payors of real property taxes based on the existence of such rights between 1965 and 1975. My clients would be interested in any information you could provide regarding the above and also whether the City would be inclined to issue pier and float permits to them as upland property owners to conform their lots with other residential lots between U.S. Bulkhead Stations No. 130 to 131. Please contact me at your earliest convenience, and thank you in advance for your cooperation. Very truly yours, 0m, 'A01 Z. DONALD L. DROZD DLD/as cc: Mr. Terry Swindle County of Orange PERMIT _ . 0. 130-2888 DREDGING COMPLETION CERTIFICATION I hereby certify that 225 cubic yards of material were dredged adjacent to 2888 Bayshore Drive (address) and that the material was disposed of at sea, Latitude 33°31'42"N, Longitude 117°54'48"W. location and/or description Swales Anchorage Shellmaker, Inc. App zcant--type name Contractor -type name June 4, 1974 Signed: J. LL -n (Date ontractor s Representative STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION 6833 INDIANA AVENUE, SUITE 1 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 6849330 March 27, 197+ City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 ATTENTION: Glen E. Welden Marine Affairs Aid SUBJECT: Maintenance Dredging: 2888 Bayshore Drive This board finds the above specified applications to be in order and grants approval of these activities. Please provide this board with the scheduled date for these proposed operations so that a possible inspection may be sche— duled. If there is any questions please notify this board. Stephen D. Herrera Staff Engineer SDH/tt March 25, 1974 ITEM NO.: H-10 TO: MAYOR & CITY COUNCIL FROM: Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATIONS FOR MAINTENANCE DREDGING PERMIT NUMBER'S 105-2319; 105-2301; 133-71; 175-800; 130-2888 Recommendation If desired, approve the Maintenance Dredging Harbor Permit Appli- cations. Discussion These applications require City Council approval under the conditions of approval of the City of Newport Beach "blanket" permit for main- tenance dredgin Engineers, g issued on February 12 by the U. S. Army Corps of The locations and applicants of the proposed maintenance dredging applications are: 2319 Bayside Dr. Mr. Liston 2301 Bayside Dr. Mr. I. Burg 71 Linda Isle - Mr. B. Pascoe 800 Via Lido Nord Mr. C. Westering 2888 Bayshore Dr. Swales Yacht Anchorage (Mr. Jeff Farewell) The staff has reviewed the proposed dredging and have determined that the work to be done is within the parameters of the Corps of Engineers permit. There is no anticipated adverse affect on proximity beaches or contiguous bulkheads. PERMIT NO. 130- DREDGING 30— DREDGING APPLICATION Project Location:2888 Bayshore Drive Cubic Yards to be Dredged:225 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump 0 Latitude 33031'42"N, Longitude 117054148"W• Method of Material Disposition: Barge to sea. Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches NONE I, Bill 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. Swales Anchorage TApp scant -type name 1.5 March 1974 (Date) Shellmaker, Inc. Contractor -type name) Signed: . &O Q �,, Contractor's Representative CITY OF NEWPORT BEACH HARBOR PKERMAIT PE"IISSION IS INERT -SAY CRANTED TO CWIMT RCT AND MAINTAIN THE aAWLITY 0sA 7,,-j , j�3, 3i��� , AT THE SITEi��ii:#C�at�:r�, ���a=�# �` Te h tifds cl, THE HARBOR P:Zrx%,lj2T Gr- NEVV�Q��Nll, AW AAV SPEt3A4 i "s :: L 8 13 Eio TSlaa L'113416 THE CITY $.?R ; �`si C 3i,ar;a SI VOUAGM. T89h_ RIG14TS G141E "I FIs E? % sl � y:'F-i �iWfT AP.9%: OMLY AND THIS PEf,,,A'ajT NlgtlV BE k4.lr_€ KED I y NLI CfiY COUNCIL IN ACCORDANCE WITH TITL 17. F THE 747AJtCa CDDG. C H FtJ30R 00 3DiNATOR ©"�� PIlRMIT 0 r� � DATE" PECIAL t6PIDITIONS: Co"P-` Of ir,-gineers Permit - 2- -7 Grange Coiji-Ay Permit Other: el, , C©-wc STATUS SHEET HARBOR PERMITS LOCATION -09SfV �� .e D . New Revision Dredging Date Rec'v 3/ J `�'®=- Fee Amt. �S Fee Processed 4 - Date Reviewed by M. S. D. % f - Approved Denied Correction Req'd. - Desc. City Council; App oved Denied 3- Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.T.C. 1• Application 3,2-% 2. Consent Letter 3. "Waste" Letter 4. Drawings 5. Staff Report 6. 7. 8. REMARKS APPLICATION FOR Mk.AIT No. Applicant will not fill Date October 22, 1916 CITY OF NEWPORT BEACH, CALIFORNIA Gentlemen Application is hereby made for permission to Construct a P C C Seawall along the U.S.Bulkhead line southwesterly (Applicant will describe here fully what he wishes to do and purpose of improvement) from U.S.Station 131, a distance of 730 feet and join to existing wall. Alan a 1,5 foot return alone State Hir-lhway VII Ora 60-B. Backfill to be dredged rnatnri l- and landward of Dredge where needed to ele- vation - 2.0 at seawall and on a slope , of 3-1 bayward from seawall. All construction to conform to City of Newport Beach standards and spenifieptionso The purpose of this project is to control erosion and reclaim all of the property for future use and development, Location: Block 54 Irvine's Subdivision and Tract No.1014 in City of (Applicant will state here accurately the location of the work he wishes to do) Newport Beach, Applicant is Owner Lot- Block Tract The undersigned agrees to do the work in accordance with the rules, regulations and specifications and subject to the inspection and approval of the City of Newport Beach. Check No. THE IRVINE COMPAQ Signature of Applicant Ree'd Fee $ By Date E. t`on, EngiYiUSY''— P.O.Box 37, Tustin, California From Address Application shall be in duplicate. Plans in quadruplicate shall accompany all applications. Application Filed Referred to Permit Issued N B•702—I M-6/56 P CITY OF NEWPORT BEACH CALIFORNIA PERMIT the United States or any other public "body`hav mg jurisdiction, and this permit shall be suspended in operation unless and—until such order or consent is obtained. 3. Transferring Permit: This permit is not transferable with- out the written consent of the City Council of the City of Newport Beach. 4. Notice Prior to Starting Work: The Permittee shall notify the City Engineer at least three 3T days in advance of the date work is to begin and its completion. 5. Inspection: The work shall be subject to the supervision and approval of the City Engineer. On work which requires the presence of an employee of the City of Newport Beach as inspector', the salary and other incidental expense of such inspection during the work shall be paid by the Permittee upon presentation of a bill therefore. 6. Protection of Traffic:. Adequate provisions shall be made for the protection of the travelling public. Barricades shall be placed on streets, with red lights at night, also flagmen employed, all as may be required by the particular work in progress. The Permittee shall not attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. If the display of lights and signals on any work hereby auth orized is not otherwise provided by law, such lights and signals, as may be prescribed by Bureau of Light Houses, Department of Commerce, shall be installed and maintained at the expense of the Permittee. 7. Liability for Damages: The Permittee is responsible for all liability for"personal injury or property damage which may occur through work herein permitted, and in the event any claim is made against the City.�� of Newport Beach or any department, officer or employee thereof, through, by reason of, or in connection with such work, Permittee shall defend, indemnify and hold them, and each of them, harmless from such claim. This Permit shall not be effective for any purpose unless and until the above named Permittee files with the City of Newport Beach, a surety bond in the form and amount required by the said City, unless specifically exempted on the face hereof. 8. ErpirLtion of Permits If the structure�o work herein auth- orized is not completed on or before the ,day of c,7J , 197, this permit, if not previously revoked or specif cal. extended, shall cease and be null and void. -2- NAME Swales Anr Frac a ADDRESS OF PROPOSED FACILITY PERMIT N 2888 Ba s z re I 131)-993 TELEPHONE NO. FEE - ;HECK NO. DATE 'T MAILING ADDRESS - APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT for F-1 ,xa,Kx,yAxX Maintenance Dredging OCHD ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF i ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ El BY Shellmaker Inc • COMPANY DATED 3/15/74 6/3/96 PUBLIC WORKS DEPT. 1-1DATE 4. SIGNATURE S Dre idn ESCROW INSPECTION ❑ ❑ ❑ SPECIAL CONDITIONS: _ I CITY OF NEWPORT BEACH, CALIF. Wx FORM 6e-1010 _ i COUNCILz�.r..�.� T SIGNATUREOF SELLRR SIGNATURE OF BUYER PUBLIC WORKS- RERL.: -� SIGNATURE OF SELLER _ SIGNATURE OF $OYER ESCROW INSPECTION ""•D SIGNATURE OF JOINT OWNER - APPLICATION APPROVED (DATE) El -_..El - - ` CITY HARBOR. COORDINATOR ^` SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BYTHE-CITY COUNCIL IN ACCORDANCE WITH�ITLE d7 OF THE MUNICIPAL CODE. - f wx FORM 68.7073 REV. -CITY OF NEWPORT BEACH, -CALIF. _