HomeMy WebLinkAboutM2009-0015 (3)Wednesday, June 30, 2010
Mr. Chris Miller
Harbor Resources Supervisor
City of Newport Beach
829 Harbor Island Drive, CA 92660
Mr. Miller:
I am writing this Formal Complaint Letter, to try and make you more aware of the
problems that we have been facing since I first contacted you over a year ago. At that
time I sat down with you in person and tried to explain that the citizens of Newport
Beach are thoroughly frustrated, angry and vociferous that they are not able to find the
mysterious "Public Docks" that were supposedly promised to them upon completion of
all the new docks that were being fabricated and installed by California Recreation /
Irvine Company in the area contiguous to the Pacific Coast Highway where the
restaurants 3 Thirty 3 Waterfront and Sol now operate.
It was my understanding that visiting boaters from outside our harbor would be able to
dock their boat and run across the street to West Marine, or down the street to Basin
Marine to get any necessary parts or other items they may need. In addition, they
would be able to dine at the restaurants before returning to their boats if they desired.
For over a year we received calls from hundreds of people asking when the docks were
going to be completed; and which ones they were going to be able to use. We tried our
best to retrieve this information, and were met with repugnance; basically lied too every
step of the way, telling us that the information was forth coming and to be patient.
It has now been well over a year since the completion of the project in its entirety, and
no one is willing to cooperate and work out a feasible plan to get people in and out of
the gated area; or to help them navigate by boat or car to the designated slips they are
to use.
The signs that were put up on the dock, show a complete and total lack of consideration
for any individual that tries to use the facility. The signs are located INSIDE the slips,
absolutely not visible from the water unless you are IN THE SLIP; they were put at
water level, approximately 4" x 6" in size and totally hidden from the main channel.
We find ourselves constantly answering the phones to ypry angry people screaming at
us that they are unable to locate the slips they heard about, and when they finally pull
into an open slip they are confronted with a guard telling them they are in the wrong
location and to untie and relocate; sometimes telling the people he is unaware of any
such slips.
If they are finally able to navigate to the "hidden, geographically undesirable" slips; they
then have no way to get back into the marina unless we walk them down through our
parking lot past the Sol Restaurant to the gangway and use OUR card to let them back
in to where their boat is docked.
Some do not even dine at the restaurant, they are picking up supplies at the marine
parts store and we have to stop and take the fifteen minutes to walk them to the gate
and back then back to the restaurant.
This letter could go on and on with different scenarios that have played out over the
past couple of years since this nightmare began. I hope that you will now address this
existential situation with a little more effort than has been shown to date; because we
are tired of making excuses for the City.
C.E.O., 3 Thirty 3 Waterfront
Below please find a partial list of some of the impassioned clientele that call on a
regular basis and are awaiting a reply. Hundreds of other names and phone numbers
are available upon request.
Jimmy Smith - Linda Isle - 714-392-2622 / Mark Tsuji - Balboa Coves - 949-275-5552
/ Don Christy Jr. - Linda Isle - 714-556-8511 / Andrew Miner - Newport Beach - 714-
403-1600 / Dave New - 949-673-0361 1 Ron Soderling - 949-756-3200 / Pat Lopez -
714-632-7699 / Marco BaIjeu - 949-468-0173 / Bill Piercey - 714-815-3884 / etc.
cc: Mr. Keith D. Curry / Mayor
Mr. David Kiff / City Manager
CALIFORNIA PE(�REATIQN CQgPANY
(137 Bayside Drive, Newport Beach, CA 92625-1706
949-721-0111 - fax: 949-721-0118 - www.greatstips.com
February 1, 2010
Mr. Chris Miller, Manager
Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Balboa Marina
Dear Mr. Miller:
Thank you for taking the time to meet regarding the Balboa Marina and to specifically discuss
our efforts to provide accommodation for dingy tie-ups for public access over our docks at the
marina. In our meeting with you and Ms. Leonie Mulvihill, Assistant City Attorney and Michael
Torres, Deputy City Attorney it became clear that we need to update the City on the specific
details relative to this type of boater access.
In my letter to you dated September 22, 2009 1 explained that we had incorporated a dingy tie-up
accommodation into our operational plan at the marina. I also explained that we have a system
where members of the boating public can receive a magnetic gate key to open the gate when
returning to dingy tie-up area. We did this because the gate only opens without a magnetic key
going from the marina to the land -side area. This is a very important security feature that we
utilize at all of our marinas in Newport Harbor. Subsequently on November 25, 2009 1
transmitted a graphic to you depicting the location of the dingy tie-up slips and the signage we
had placed ("Dock & Dine") on those slips near the ramp closest to the land -side commercial
uses.
Still, some boaters arrive at Balboa Marina without one of our magnetic gate keys and this
happens more frequently on weekend nights. Because marina security is such a significant
priority we responded to this situation by having a guard stationed at the gate on Friday and
Saturday nights from 5:30 p.m. until 11:30 p.m. and on Sunday nights from 4:00 p.m. until 10:00
p.m. The guard's responsibility is to open the gate for those boaters who need to return to their
dingy. Also, we have provided 3 Thirty 3 and Sol with several of our magnetic gate keys so that
any boater who visits those restaurants at any time during business hours can request a valet
escort to gain access back to their dingy at the marina.
Even with these measures in place you have received complaints that we have not made the
location of the "Dock & Dine" slips clear enough. You commented that while the dingy tie-up
BAYSHORE BAYSIDE NALLA COVE BALBOA BAIRUAM
Af ARINA AIARR-TA AIARENTA AIARITKA MARINA
Mr. Chris Miller
February 2, 2010
Page 2
slips are marked, a boater entering the marina for the first time might have difficulty locating
them and additional signage would help alleviate that problem. We are happy to review way -
finding signage opportunities that we can add to the marina to direct people to the dingy tie-up
slips. The process of reviewing sign design and where to locate the signs to achieve the best way -
finding will take approximately sixty days, but I will update as we move forward with that
process.
I hope that the questions you and the City Attorney's office raised at our meeting are addressed
with this update on how our operational plan provides dingy tie-ups and boater access to the
commercial uses at Balboa Marina. Please do not hesitate to contact me directly at (949) 72 1 -
0111 if you have any comments or questions.
Sincerely,
G4reg inks
al Manager
California Recreation Company
CA-LIFORNIA RECREATI ON COMPANY
1137 Bayside Drive, Newport Beach, CA 92625-1706
949-721-0111 - fax: 949-721-0118 - www.greats[ips.com
September 22, 2009
Mr. Chris Miller, Manager
Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Balboa Marina
Dear Mr. Miller:
As you are aware, the Balboa Marina reconstruction project is complete and the marina is now fully operational.
We had a very successful opening day celebration and since that day on August 1, 2009 we have leased over
fifty percent of the slips. With this in mind it is appropriate to say thanks to you and other City staff for the
cooperation extended by the City of Newport Beach both in the planning and permitting of this beautiful new
manna.
You have requested information about how Irvine Company will ensure that public access is available for small
boat owners that wish to gain access to the landside commercial uses adjacent to Balboa Marina. As you know,
the Harbor Commission requested that we incorporate the concept of dingy tie-ups for members of the public to
access these uses. We did incorporate a provision for a dingy tie-up in our site plan when the project was
forwarded to the Coastal Commission. In the Coastal Commission analysis, they clearly identified that the
project would not impede the public's access insofar as no changes were advanced for restricting the public's
prior access to the parking area adjacent to the marina. However, a clear distinction was made with respect to
the private nature of the marina. Please see the attached excerpts from the Coastal Conanission staff report of
May 2008,
We understand and appreciate.that there is a public access demand in Newport Harbor. In that regard, we have
incorporated a dinghy tie up accommodation into our operational plan to provide public access over our docks
to the adjacent commercial uses. We have issued electronic gate keys to members of the public who have
requested such access. The system ensures that anyone wishing to use our dock may do so by simply registering
with our management office at 113 7 Bayside Drive for the magnetic card key which is used to gain access back
to the dock from the landside area adjacent to the marina.
Once again, we wish to thank you for your cooperation in making our reconstruction of the Balboa Marina such
a great success.
Sincerely,
Caenre in�ks
ener I Manager
u eatio
a Re�creation Company
Attachments: Coastal Commission Staff Report Excerpts
BAYSHORE BAYSIDE MLLA COVE BALBOA BAIRISLAND
AIARIMV MARINA MARINN MAHUNA AIARrNA,
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION Filed: February 29, 2008
South Coast Area Office 49th Day: April 18, 2008
200 Oceangate, Suite 1000 180th Day: August 27, 2008
Long Beach, CA 90802-4302 a
(662).590-5071 staff.. Liliana Roman -LB
Staff Report: April 17, 2008
W23c Hearing Date: May 7-9,2008
Commission Action:
STAFF REPORT AND RECOMMENDATION ON
COMBINED COASTAL DEVELOPMENT PERMIT APPLICATION
AND CONSISTENCY CERTIFICATION
COASTAL DEVELOPMENT PERMIT
APPLICATION NO: 5-07-241
FEDERAL CONSISTENCY NO: CC -001-08
APPLICANT: The Irvine Company
AGENTS: CAA Planning
PROJECT DESCRIPTION: Consistency Certification CC -001-08.: Transport and off -shore
disposal of up to 34,000 cubic yards of dredge material from
Balboa Marina and adjacent navigational channel dredged to
design depths of -8 feet to -10 feet below mean lower low
water level (MLLW) with off -shore disposal at LA -3.
Coastal Development Permit 5-07-241: Demolition of an
existing 132 slip, 27,643 sq A. marina and re -construction of
a new 105 slip, 20,931 sq. ft. marina including a reduction
from 67 to 64'concrete guide piles, new lighting, water supply
lines, communication hook ups, pump -out facility and fire
fighting facilities. Construction of a 7,800 sq. ft. eelgrass
habitat as mitigation for direct, and potential eeigrass impacts
due to dredging activities associated with the project.
Improvements to existing seawall also proposed.
PROJECT LOCATION: Balboa Marina, 201 E. Coast Hwy, City of Newport Beach,
Orange County
Offshore Disr)osal: at EPA approved disposal site known as
LA -3 located approximately 4 miles southwest of the entrance
to Newport Harbor, Orange County
LOCAL APPROVALS RECEIVED: Harbor Resources Division Approval in Concept dated
10/24/07; Harbor Resources DivisionApproval in Concept for Seawall Repair, Earth Anchor
Installation dated 1/31/08; and City of Newport Beach approved Mitigated Negative
Declaration for Balboa Marina Dock Replacement #2171-2004, dated 1/3/07.
OTHER AGENCY APPROVALS RECEIVED: U.S. Army Corps of Engineers; Regional Water
Quality Control Board 401 Water Quality Certification and US EPA Suitability Determination
for Balboa Marina Sediments dated 11/27/07
5-07-241(irvine Company) and CC -001-08
Page 8 of 18
A. Project Description and Location
Location
The existing and proposed marina is located in the northern portion of Lower Newport Bay at 201
East Coast Highway, City of Newport Beach, Orange County (Exhibits I and 2). 1���
facility is privately ownedloperated and accessible to slip lessees and not open for general public
s — --he public road and the sea and is in Newport Bay. The existing
use. s fa-cWt-y -i- beWeen t
�n_d proposed facility is located on privately owned land. The State Lands Commission does not
assert any title interest in the property or that the project wi Flintrude into an area that 1i —subject to
fh—epublic easement in navigable watei:s-.' Tfie pFo-Je-cl sife- is ded-by 6-ornmercial uses and -
East Coast Highway to —the north -and- to the east, Newport Bay channel to the west, and single-
family residential developments to the south at Linda Isle. Commercial areas immediately adjacent
to the marina consist of a large surface parking lot to the north and restaurants, small office
buildings and surface parking lot to the east.
Proiect Descrigtion - Marina Demolition and Re -construction
The applicant is proposing to demolish an existing 27,643 sq. ft. floating dock built in 1964 with 132
boat slips (including end ties at each existing dock finger) ranging from 25 to 55 feet in length on a
119,405 sq.ft. parcel and replace it with a new 20,931 sq. ft. dock accommodating 105 slips
ranging from 22 to 58 feet in length, resulting in a loss of 27 boat slips., the installation of new
lighting, water supply lines, communication hook ups, a pump -out facility and fire fighting facilities.
Demolition will include the complete removal of all dock floats, gangways, and 67 concrete guide
piles. The project includes maintenance improvements to the existing bulkhead by additional
anchoring of the bulkhead to the landside with steel rods. Project plans are included as Exhibit 2.
The proposed new dock would be approximately 25% (7,067 sq. ft.) smaller than the existing dock
and would result in an increase of 0. 16 acre of open water in the marina. The proposed new dock
configuration would result in the need for three fewer guide piles than are currently in place. The
proposed dock would be constructed of concrete and consist of 5 to 6 foot wide slip fingers and 8
ft wide walkways. The berths will be situated parallel to the shore and existing bulkhead. The 8
foot vVide walkway will be parallel to the bulkhead. Landside improvements include upgrades to
utilities and new water quality BMPs to the existing parking lot, The new marina complies with the
California Dept of Boating and Watterways design criteria, Americans with Disabilities Act access
standards and the City of Newport Beach Harbor Permit Policy.
Boats currently docked at Balboa Marina will be displaced during demolition, dredge and
construction activities. Prior to construction, lessees will be offered vacant slips in other marinas
also owned by the applicant in Newport Harbor or will be offered re -location assistance.
The applicant proposes to stage equipment in an approximately one acre area on the northwest
inland portion of the project site across from docks C, D, and E in the marina and adjacent to the
dry boat storage area. Pre -fabricated dock sections will be assembled in the staging area of the
parking lot and lifted into the marina with a crane. A debris disposal site has not been identified.
Proiect Description - Dredging & Ocean Disposa
5-07-241(lrvine Company) and CC -001-08
Page 15 of 18
biologist to monitor least terns during the breeding season, and to make regular reports to the Army
Corps and USFWS. If the monitor determines that the project activities are a detriment to the least
tems'foraging opportunities, the project activities must stop immediately. To assure avoidance of
adverse impacts to nesting birds, the Commission imposes Special Condition 6 requiring a
biological monitor present for dredging and construction activities during the least tern nesting
season and restricting construction if adverse impacts to any sensitive or endangered species are
identified by the biologist.
C. Public Access and Recreation
Section 30210 of the Coastal Act states:
In canying out the requirement of Section 4 of Article X of the California Constitution,
maximum access, which shall be conspicuously posted, and recreational opportunities shall
be provided for all the people consistent with public safety needs and the need to protect
public tights, fights of private property owners, and natural resource areas from overuse.
Section 80212 of the Coastal Act states, in relevant part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall
be provided in new development projects except where.[ .. 1
(2) adequate access exists nearby, ...
The proposed project is located seaward of the first public road and within coastal waters. The
subject site contains and existing,privately owned marina on private land owned and operated b,
14.4.4-1. �+,. � I
The Irvine Company. Public access to the bay is available ito Coast r1wy. in a U111 V�l %,
access to the bav is available on the bridge leading to Linda Isle immediately east of the of the
Slip Size Mix
In prior permit actions, the Commission has been concerned about the trend towards larger slips in
marinas at the expense of the smaller slips. As larger slips occupy more space in a marina, there is
less space for the smaller slips and the result is fewer overall slips and fewer slips available for the
owners of small vessels. As the trend for larger boats continues and marinas convert their small boat
slips to larger slips, berthing opportunities for the small boat owner will be reduced. While it is difficult
to contend that recreational boating is in fact a "low" cost recreational activity, in general, smaller boats
are less expensive, and therefore more available to a larger segment of the population than are larger
boats. The Commission has not historically regulated the rates at which marinas rent their slips to the
public. The Commission has, however, regulated the design of a marina in order to ensure that the
redesigned slips conform to the public access and recreation policies of the Coastal Act by providing
the correct balance between the size of slips and the boaters' demand for slips.
Although the trend for new and redeveloped marinas is for larger boats, the demand for small boat slips
still exists. In prior permit actions, the Commission has heard testimony contending that a reduction in
the availability of slips that accommodate smaller boats reduces the option for those who want to own
boats and use the smaller slips. The existing facility does not meet current Americans with Disabilities
Act (ADA) access standards or Department of Boating and Waterways (DBAW) design criteria
Worksheet for Building Combo Permit Applicatip
City of Newport Beach - Building Department Kb Ll n swpqo�
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3. Owner's Name
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DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
0
January 9, 2009
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
Mr. Dean Kirk
The Irvine Company
C/O: Lisa Walters
City of Newport Beach Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Dear Mr. Kirk:
This is in reply to your application (File No. SPL-2009-00030-FBV) dated December
31, 2008, for a Department of the Army Permit to discharge fill onto waters of the U.S., in
association with maintenance dredging at 201 East Coast Highway, the former mooring
site for the Ruben E. Lee. The proposed work would take place bayward of 201 East
Coast Highway in Newport Bay within the City of Newport Beach, Orange County,
California.
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 -Maintenance Dredging, Beach Nourishment, and
Dock Maintenance.
As long as you comply with the general permit conditions of RGP No. 54 -
Maintenance Dredging, Beach Nourishment, and Dock Maintenance, an individual
permit is not required.
-2 -
Specifically, you are authorized to:
1. Dredge up to 1,000 cubic yards of material over a 0. 18 acre area;
2. Dredge material with a mechanical clamshell dredge " DB -3"; and
3. Transport and discharge dredged material at ocean disposal site LA -3.
A general permit does not grant any property rights or exclusive privileges. Also,
it does not authorize any injury to the property or rights of others or authorize
interference with any existing or proposed Federal project. Furthermore, it does not
obviate the need to obtain other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions,
please contact Forrest Vanderbilt at 213.452.3289 or via e-mail at
Forrest.B.Vanderbilt@usace.army.mil.
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web -based customer survey form at:
http://12er2.nwl2.usace.army.mil/survey.html.
S i ly,
i i ere I IL
Mark Durham
Chief, South Coast Branch
Regulatory Division
Enclosure
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I MAN
SEP,11,2008 3:09N. CASH & ASSOCIATES 714 895 1291
U -
Cash & Associafte�'
Date: ST��erll,2008 Pagel of: 22
To: Lisa Walters
From. Fred MassaW
Firm: Newport Beach Harbor Resources cc:
Facsimile: 949-723-0589
Subject: Balboa Marina Redevelopment Pro it
J eet — 404 Permi
Message: Lisa,
This fax cow=s the mgued 404 Permit for Balboa Manna.
Thanks,
Fred
URSICash &Associates
5772 Bolsa Ave., Suite 100
HurMngton Beach, CA 92649-1134
Tel: 714.8952072
Fax 714.895.1291
www.cashassociates.00m
NO. IJ75 P. I
Facsimik,',-)
CONFIDE"ALITY NOTICE
The information in this facsimile transmission is intended solely fir
the stateel recipient of this transmission. If you have received this fax
in efror, please notity ft sander immediately by telephone. If yol
are not the intended recipieM please be advL%ed that disserninat on,
distributian, or copying of the information contained in this fax Is
��tticlly Proh1wited.
SEP -11-2008 3:09FM CASH & ASSOCIATES 714 895 1291
KMTT"
ATUMM"Or
Office of the Chief
Regulatory Division
DUARTMENT OPIK� ARMY
LOS ANGELES DISTRICT, CORPS Or MINCERS
P.0 BOX 532711
LOS ANGr-LES, CALIFORNIA 9GOSS-232S
June 16,2008
NO. IJ75 P. 2
Dean Kirk
550 Newport Center Drive
Newport Beach, California 92660
Dear Mr. MrIc
Enclosed you will find a signed copy of your Department of the Army Permit (File NT-'
SPL-2007-00372-.FBV). Please retain this copy for your files.
Thank you for participating in our regulatory P'Togram. If you have any questions, please
contact Forrest Vanderbilt at 213.4,52.3289 or via L -mail at ForresEB.VanderbilMusacearm- -
Please be advised that you can now comment on your experience with Reoatorq
Division by accessing the Corps web -based customaer survey form at.
Sincerely,
Jlae C�hg
Senior Project Manager
South Coast Branch
Regulatory Division
Endosureo
I
I
SEP,11,2008 3:09PM
CASH & ASSOCIATES 714 895 1291
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Fermittee: Dean Kric, The Irvine Company
r ermit Number. 5PL-2007-00372-FBV
issuing office; Los Angeles District
NO. 375 F. 3
Note: The term 'You"and its derivatives, as used in Us perrnit� means the permittee or any
future transferee. The term `tWs office" refers to the appropriate- district or divh;ion office of the
Corps of BAgineers having jurisdiction over the permitted activify or fl -be- appropriate official
acting lundex- the authority of the commanding officer.
You atre authorized to perfum work in accordance with the terms and conditions specified
below.
Project Descriptimu To dredge appro4wately 34,000 cubic yards of sedirnen� transport to and
discharge sediment at the LA -3 Ocean Dredged MaterW Disposal Site, and remove and replace
the Balboa Marina. The work is associated with the Balboa Marina Docle Replacement as
shown on the aftached drawings.
Specifically, you are authorized to.,
1, Dredge XOOO cubic yards of material from px-oject site (see attached map);
2, Dredge to a depth of --8 t6 —10 feet below mean lower low water (MLLW) plus up to one
foot of potential overdepth,
3. Dispose of dredged material at the LA, -3 disposal site;
4. Install 64 concrete piles with 48 piles being jetted to witbin 4 feet of the tip and then
ftnpact-hammered and 16 piles jetted to tip elevation;
5. Remove wdsting 27,51M sq=e foot marina; and,
6. Install new 20,931 sqtiaze fooL marina (see attached map).
Fro,ject Location- The pj:oposed work would take place within Newport Bay, in the City of
Newport Beack Orange Caunty, Califorrda (dredging site: latitude, 33.6157, longitude: -
117.9032), as well as a. separate off -shore disposal site, LA -3
SEP -11-2008 3:09FM CASH & ASSOCIATES 714 895 1291
Permit Coriditions!
General Conditions.
NO. 375 P. 4
1. -rhe Lime lindt for completing the authorized activity ends on May 1, 2011. If you find that you
med more time to complete the authorized activity, submit your -request for a Ume extertsion to
this office for consideration at least one month before the above date is reached.
I You must maintain ffie activity authorized by eiis peanit in good condition and in
conformance with the terms and condifions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification from this permit ft= this office, which may -require restoration
of the area.
I Ef you discover any previously unknowm historic or archeological remains wkde
accamplisbing the activity authorized by this perrr�t you must immediately noffy this office of
what you have fomd. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listhig in the National Reoter of
Historic Places.
4- if you sell the property associated with this permit you must obtain the Signature of the new
owner in the space Provided arxd forward a copy of the Fermit to this office to validate the
Umisfer of this authorization.
5. if a conditioned water quality certification has been issued for your project you must comply
with tkie conditions specified in the certificaflon as special condition,5; to this permit. For your
convenience, a copy of tbp- certification is attached if it contaf= such conditions -
6. You must allow representatives from this office to inspect the authorized activity at any time
deea-&-d nemssary to ertsure that it is being or has been accomplished with the tetms and
conditiorw of your , L
parrm
Special Conditions:
rkcdon-10
L The permitted actfv4 shall not interfere with the rl�ht of the public to free navigation on all
navigable waters of the United States as defined by 33 CYR Part 329.
I Creosote treated pilings shall not be placed in navigable wateis unless all of the following
conditions are met'.
A) 7he project tnvolves the repair of existing structures that were originally
constructed using wood products;
8) The cxeosote treated pilings are wrapped in pla!�fic;
C) Measures am taken to prevent damage to plastic wrapping from boat use. Such
SIP -11,2008 3:09PM CASH & ASSOCIATFS 714 895 1291
NO, 375 F. 5
raeamms 1my include installation of rub strips or burapers;
D) The plastic wrapping is sealed at all joiats to prevent leakage; and
,%E) The plastic material is expected to maintain its integity for at least terL years, and
plastic wrappings that develop holes or lenks must be repaired or replaced in a timely
manner by the Permittee.
3. No other modifications or work shall occur to the structme permitted herein.
Zei id
4. A pre -construction survey Of the Project area for CaulaPQ ta 01 (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
httv:/Iswr.wsd-edu/hr-dLgq.aYLh—tmJ'not earlier than 90 calendar clays prior to plaTmed
construction and not later thar' 30 calendar days prior to constrtiction. The results of that
sLuvey shall be famished to the Corps, NOAA Fisheries, and the California Departizent of Pish
and Gaixte (CVFG) at least 15 calendar clays prior to initiation of work in navigable waters. In
the event that CauLeTpa is detected within the project area, the Permittee shall not commence
work until such time as the infestation has been i.9olated, treated, and the risk of spread is
eliminated as confirined in writing by the Corps, in consvItation with NOAAFisheries and
Cl)TG.
5. FOR BOAT DOCKS and OTHER SIRUCTMS PLACED IN WATERS OF THE US WrM
THE POTENTIAL TO MIPACT EELCAZA-';S- Once authorized impacts to navigable waters
authorized by this pertnit have ceased, the Permittee shall conduct two years of post -
construction eelgrass monitoring s=eys�per the mapping guidelines in NOAA Fisherieg,
Southern California Eelgrass Nfitigation Policy (Policy)
a1tfttXV-- /dJM6WKt - nmf S.nog a. VQV&&d&e IpQl - Ail required post -construction monitoring surveys
shall be submitted by the Permittee to the Corps and NOAA Fisheries wietin 30 calendar days
of each survey completion date. Based upon the post -construction monitoring survey results
and in accordance with the Policy, the Corps wili determine the need and/or amount of
Essential Fish Habitat (EFH) midgation required to off -set adverse impacts to such habitat. The
Corps will transrra its deterndaatiort to the Permittee in writing. Within 60 calendar days of
receiving the Corps'detennination specifying the need and amount of mitigation, the
Permittee shall submit a draft; EFH mitigation plan to the Corps for review and approval. The
ERR mitigation plan shall be prepared in accordance with the Policy and the Corps' Los
Angeles District Mitigation Guidelines and Monitoring Requirements, clated April 19, 2004.
The Permittee Amll fully implement the final EFH mitigation plan as approved by the Corps -
6. FOR DRP3DG)NG PRofECTS WrIH THE POTENTTAL TO IMPACT EELGIZASS: Prior to
each maintemuice dredging even� a pre -project eelgrass survey should be conducted in
accordance with the Southern California Eelgrass Iffiti�PtiQn Policy (SCHMP)
(http://swrxmifs.noan.gov/hcd/eeIpDl-htm)- If the pre -project survey demonstrates eelgrass
presence within the project vicinity, a post -project survey should be conducted and impacts to
eelgrass, mitigated inaccorciance with the SC2%4P.
7. The Permittee shall discharge only clean cortstruction materials suitable for use in the
oceanic envixomnent The Pennittee uhajl ensuXe no debris, soil, silt� sand, szwdus� rubbish,
cement or concrete washirqs thereof, oil or peftoleum products, from construction shall be
allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the
United States. Upon completion of the project authodwd herein, any and all excess material or
3
SEP,11.2008 3:10PM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 6
debris shall be completely removed from the work area and disposed of in an appropriate
upland site.
8. The Ferinittee shall notify the Corps of the date of commencemerLt of Operations. not less
than 14 calendar days prior to commencing work, and shall notify thE: Corps of the date of
completion of operations at least five calendar days prior to such completion.
9- The FcriLittee shall notify the Commander, Eleventh Coast Guard District, ar4 the Coast
Guard Marine SafElty Offica / Group T -A -LB, not less than 14 calendar days prior to
commencing work and as project information changes. The notificatior� either by letter, fax, or
e--maiL shall include as a minimum the following information:
A) Project description including the type of operatiort (i -e- dredgin& divin&
construction, etc).
B) Locadoxi of operation, including Latitude/ Longitude (NAD 83).
C) Work start and completion dates and the expected duration of operations -
D) Vessels involved in the operation (name, size and ").
E) VHF -FM radio fit-quendes mordtored by vessels on scene.
F) Point of contact and 24 hour -phone number.
G) Potential hazards to navigation.
H) Chait number for the area of operation.
Addresses:
Command= 11th Coast Cyaard District (oan)
Coast Guard Iskaid, Building 50-3
Alameda, CA WOI-5100
ATTN: Local Notice to Mariners
TRL: (510) 437-2986
FAX- (510) 437-3423
FAX.- (310) 732-2029
U.S. Coast Guard
Marine Safety Office I Group LA -LB
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
Aftn; Waterways MartagemeM
TEL: (310) 732-2020
10. The Flermittee and its contractor(s) shall not remove, relocate, obstruct, willfully damaM
make fast to, or h-tterfere with any aids to navigation defined at 33 C -F-& chapter 1, mbdiapter
C� part 66. The Ferirdttee shall ensure its contractor notifies the Eleventh Coast Guard DW-rict
in writing, with a copy to the Corps, not less t1mn 30 calendar days in advance of operating any
equipment adjacent to any aids to navigation which requires relocation or removal. Should any
federal aids to navigation be affecbeed by this project, the Permiflee shall submit a request, in
writin& to the Corps as well as the US. Coast Gtmrd, Aids to Navigation office. The Permittee
and its contractor are prohibited from relocating or r-emoving any aids to navigation until
authorizzed to do so by the Corps and the U.S, Coast Guard.
11. Should the Permittee determine the work -requires the placement and use of private aids to
navigation in navigable waters of the U.S, the remdttee shall submit a request in WrWng to
the Corps as well as the U -S. Coast Guard, Aids to Navigation office, The Permittee. is
prohibited from establishing private aids to navigation in navigable waters of the U.S. until
authorized to do so by the Corps and the U.S. Coast Guard.
4
SEP,11,2008 3:10FM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 7
12, Upon notification to the U.S. Coast Guard as specified in Special Condition 9, the Permittee
&hall forward a copy of the notification to the Coast Guard Captain of the Port (COTP). The
COTP may modify the deployment of ruarine construction equipment or mooring systems to
safeguard navigation duxing project construction. 7be Pezinittee shall direct questions
concerning lighting, equipment placement and mooring to the appropriate COT.F.
13. Widiia 30 calendar days of completion of the project authorized by this permit, the
Permittee shall conduct a post -project sarvey indicating changes to structures and other
features in navigable waters. The Permittee shall forward a copy of the survey to the Corps
and to the National Oceanic and Atmospheric Service for chart updating7 Gerald R Wheaton,
NOAA, Regional Managm West Coast and Pacific Ocean, DOD Center Monterey Bay, Room
5082, Seaside, CA 93955-6711,
14, The perwittee understands and agTees that, if future operations by the United States
require the removal, rdocation, or other alteration, of the, strudure or work herein authorized,
or if, in the opinion of the Secretary of the Arn-ky or his authorized represerttativej said.
structure or work shall came unreasonable obstruction to the free riavigatim of the navigable
waters, the perzoittee will be required, -upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expeme
to the United States. No claim shall be made against the Urate4States on account of any such
removal or allp-ration.
1- For thig permit, the term dredging operations shall mearr. navigation of the dredging vessel
at the dredgingdte� excavation of dredged material widdn the project boundaries, and
placement of dredged material into a hopper dredged or disposal barge or scow.
1 Dredging authorized in this pern-dt shall be limited to the areas defined in Fig -ares labeled
"Dredging Key Plan 1-9) ordy. No inore than 34,000 cubic yards of dredged material are
authorized for dredging from Ralboa Mariria location by the Permittee. No dredging is
authorized in any other location under this permit. This permit does not authorize the
placement or removal of buoys.
3. For tMspermi� the maximum dredging design depth (also known a -q the project depth or
grade) shall be —30 feet below meon lower low water (MLLM with a maximum, allowable
overdredge depth of one -foot to a depth of —11 feet below IYMLW. No dredging sh4l occur
deeper than —13 feet below MLLW (dredging design depth plus overdredge depth) or outside
the project bo=daries.
4. The Fermittee is prohibited from dredgihg and disposing material in navigable waters of the
U.S- that has not been tested and determined by the Corps, in consultation with the
Envirortmental Protection Agency Region JX (EPA), to be both dean and suitable for disposal
in ocean waters. Re -testing of previously testad or dredged areas is required after ftee years
from the date of sediment sampling. This time limit is subject to shortening given the
occurrence of any event that rRay cause previously determined clean material to become
suspect, at the discretion of the Corps. Prior to each dredging episode, the Peraduee must
demonstrate that the proposed dredged materials are cheadcally and physically suitable for
SEP -11-2008 3:10PM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 8
disposal in oceart waters according to the provisions of the Inland Testing Manual or Ocean
Disposal Manual as appropriate. If the rnaterial does not meet the physical and chen-dcal
criteria for unconfined disposal in ocean waters, the dredged material shall be disposed in an
upland disposal axe, -L The Permittee shall submit to the Corps and EPA a draft sampling and
aralysis plan. (SAP). Sampling may not commence until the SAP is approved, in writing, by the
Corps, in consultation with EPA.
,5, At least 15 calendar days before initiation of arty dredging operations authorized by this
permit the Pervattee shall send a dredging and disposal operations plan to the Corps and
EPA, with the following information:
A) A list of the names, addresses and telephone numbers of the Ferinittee's project
manager, the contractor's project manager, the dredging operations inspector, the
disposal operations inspector and the captain of eadi tugboat, hopper dredge or other
form of veNcle used to transport dredged material to the designated disposal site.
B) A list of all vessels, major dredging equipment and electronic positioning systems or
navigation equipment that wiU be used for dredging and disposal operations, irtcluding
the capacitjr� load level aiad acceptable operating sea conditions for each hopper dredge
or disposal barge or scow to assure compliance, with special conditions on dredging and
disposal operatioxis.
C) 'Ihe results of a detailed analysis of all material to be dredged pursuant to an
approved SAP.
D) A detailed description of the dredging and disposal operations authorized by this
permit. Description of the dredging and disposal operations should include, at a
minirnuu4 the foilov&W.
i) Dredging and disposal procedures for $4,000 cubic yards of dredged material
determined by the Corps andEPA Region IX to be sultable for oceart disposal
from the penxtittees Balboa Marina location -
ii) Dredging and disposal procedures for 34,000 cubic: yards to be dredged frorn
the Fermittee's Balboa Markia location.
iff) A schedule showing when the dredging project is planned to begiTI and end.
E) A predredging bathymetric condition survey (presented as a large format plan view
drawing), taken within tNrty (30) days befo-Te the dredging beos, acCEtrate to 0.5-fOot
with the exact location of all soundings clearly defined on the survey chart The
predredge survey chart shall be prepared showing the following irdorruation;
i) The entire dredging area, the toe and top of all side -slopes and typical cross
sections of the dredging areas. To ensuse that the entire area is sarveyed, the
predredge condition survey should cover an area at least 50 feet outside the top
of the side -slope or the boundary of the dredging area, unless obstrucdons are
encountered.
ii) The dredging design depth, overdredge depth and the side -slope ratio.
ifi) The total quantity of dredged material to be removed from the dredging
areas and the side -slope areas -
iv) Areas shallower than the dredging design depth shall be shaded green,
areas between the dredging design depth and overdredge depth shall be shaded
yellow, and areas below ov&rdredge depth that will riot be dredged shall be
shaded blue- If fbese areas are not clearly shown, the Corps may request
additiorW information -
v) The predredging survey chart shall be signed by the Permittee to certify that
SEP -11-2008 11:10FM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 9
the data are accurate and that the survey was completed witi-in thirty (30) days
before the proposed dredging start date.
F) A debA$ management plan to prevent disposal of large debris at all disposal
locations. The debris maxagement plan shaLl include: sources and expected types of
debri�, debris separation and retrieval methods, and debris disposal methods -
6. The -Fe 'tt=
anftL-_e,qha1l not commgns;g drgdZing o12eratLqn&MgLe1,-; and until the PerT
receives a Noggg to rrQceed, in ymtiBZ. from tM CoMs.
7. The Permittee shall maintain a copy of tMs permit on all vessels used to dredge, transport
and dispose of dredged material authoriZed under t1nds permit.
S. The Permittee shall notify the Commander Eleventh Coast Guard District (USCG), and the
Coast Guard Marine S�afefy Office / Group LA -LB not less than 14 calendar days prior to
corrunexteing work and as project information changes. A copy of each nodfication to the
USCG shall be sent to the Corps fox our file. 7lie notification,, either by letter, 6ax, or e-mail,
shall include as a minimum the following information:
A) Project description including the type of operation (i.e. dredging, diving,
constructior� etc).
B) Location of opezation, including Latitude / Longitude (NAD 83).
C) Work start and completion dates and the expected duration of operations -
D) VesseJs involved in the operation (rtame, size and ").
B) WfF-.FM radio frequencies monitored by vessels on scene.
F) Poiitf of contact and 24 hour phone niumber.
G) llotmtial hazards to navigation.
H) Chart number for the area c� operation.
Addresses -
Commander, lith Coast Guard District (oan)
Coast -Guard Island, Building 50-3
Alameda, CA 9001-5100
ATTW- Local Notice to Mariners
TET_ (510) 437-2986
FAX: (510) 437-3423
FAK (310) 732-2029
U.S. Coast Guard
Maxine Safety Office / Group LA -LB
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
Aft: Waterways Management
TEL: �310) 732-2020
9. ne Permittee and its contractor(s) shall not renwve, relocate�, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33 CYR chapter L subchapter
C, part 66. The Permittee shall ensure W contractor notifies the USCG in writin& with a copy
to the Corps, not less than 30 calendar clays in advance of operating any equipment adjacent to
any aids to navigation which requires relocation or removal. Should any federal aids to
navigation be affected by fts projeLt the Perntittee shall, submit a request, in writing, to the
Corps as well as the USCG, Aids to Navigation office. The Permittee and its contractor(s) are
prohibited from relocatiag or removing any aids to navigation until authorized to do so by the
Corps and the U.S. Coast Guard
d
SEP -11-2008 3:10FM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 10
10. Should the Permittee determine the work requires the placement and use of private aids to
navigation in navigable waters of the U,5, the Permittee shall submit a request in writing to
the Corps as well as the U.S. Coast Guard, Aids to Navigation office. -Me Perrdttee is
prohibited from establishing private aids to navigation in navigable waters of the U.S. until
authorized to do so by the Corps and the USCG�
11, The Fermittee shall notify the Commander, Eleventh Coast Guard District, and the Coast
Guard Marine Safety Office / Group LA -LB, not less than 14 calendar days prior to
commencing work and as project infounation changes. The notification, either by lettm fax, or
e 'L .
-mai ,hall include as a minirnum the following information
12. The Pennittee shall ensure that the captain of any hopper dredge, tag or other -vessel used
in the dredgiag and disposal operations, is a licensed operator under USCG regulations and
follows the Inland and Ocean Rules of Navigation or the USCG Ve&-Al Traffic Control Service.
All such vessels, hopper dxedges or disposal barges or scows, shall have the proper day shapes,
operating marine band radio, and other appropriate navigational aids.
13, The Permittee's contractur(s) and the captain of any dredge covered by this permit shall
mordtor VHF -FM charuiels 13 and 16 while conducting dredging operations.
14. Upon request, the Permittee and its cmtractor(r.) sball allow inspectors from the Corps,
EPA, and(or) the USCG to inspect all phases of the dredging and disposal operations.
IS- Upon request the Feradfte and its confractor(s) retained to perform work allthoriZed by
the permit or to monitor compliance with this permit shall make avaikble to inspectors ftom
the Corps, EFA, and(or) the TJSCG the following. 4red&g and disposal operations inspectors'
logs, the vessel track plots and all disposal vessel logs or records, any analyses of the
characteristics of dredged material, or any other documents related to dredging and disposal
operations.
16. The permitted acdvjt� shall not interf�ere uith the public's right to fiee navigation on all
navigable waters of the United States.
17. if a violation of any permit condition occurs, the violation shall be reported by the
Nrmittee to the Corps within twenty-four (24) houxs. Tf the Perraittee retains any contractors
to perform any activity authorized by flVs permi� the Permittee shall instmct all such
contractors that notice of =y violations must be reported to the Permittee immediately.
18, When using a hopper dredge, water flowing through the weirs $hall not exceed 10 minutes
during dredog operations. The level (hat a hopper dredge can be fffled shall not exceed the
load line to prevent any dxedged material or water from spilling over the sides at the dredging
site or during transit frorn the dredging site to the disposal site. No hopper dredge shall be
filled above this predetermined level. Wore each hopper dredge is transported to the disposal
sit% the dredging site inspector shall certify that it is filled correctly.
19. When usixig a disposal barge or scow, no water shall be allowed to flow over the sides. The
level that a disposal barge or scow can be filled shall riot exceed the load line to prevent any
dredged material orr water from spilling over the sides at the dredging site- No disposal baTge
SIP -11-2008 3:11FM CASH & ASSOCIATES 714 895 1291 NO.375 P. 11
or $;cow shall be filled above this predetermined level. 15efore each disposal barge or scow is
transported to the disposal site, the dredging site inspector shall certify that it is filled correctly.
20. The Permittee shall use an electrorLir. positiorLing system to navigate at the dredging site.
The electronic positioning system shall have a minimum accuracy and precision of +1- 10 feet (3
meters). If the electronic positioning system failS Or navigatim Problems are detected, all
dredging operations shall cease until the failure or navigation problems are corrected. Any
navigation problems and corrective ineasures shall be desciibed in the post -dredging
completion report per Special Condition 21.
21- ne Perxrdttee shall submit a post-dredgirtg completi6n report to the Corps within 30
calexiclar days after completion of each dredging project to document compliance with all
general and special conditions 4efined in this permit, 7he report shall include all information
collectedby the Permittee, the dredging operatioxis. inspector and the disposal operations
inspector or the disposal vessel captain as required by the special conditioris of this permit.
The report shall indicatewhether all general and special permit conditions were met. Any
violations of the permit shall be explained in detail. The report shall furthex include the
following i�ifomation:
A) Permit and project number,
B) Start date and completion date of dredging and dis;posal operations.
C) ToW aib�c yards disposed at the LA -3.
D) Mode of dredging.
F) Mode of trartsportation�
F) Forin of dredged material.
G) Fxequmcy of disposal and plots of all trips to the LAA
1-1) Tug boat or other disposal vessel log� documenting contact with the USCG before
each tdp to the LA -3 ocean disposal site.
1) Percent sand, silt and clay in dredged material.
J) A cerdfied report from the dredging site inspector indicating all general alLd special
permit conditions were met Any violations of the permit ihall be explained in detail.
10 A detailed post -dredging hydrographic survey of the dredging area. The survey
shall show areas above ffie dredging design depth ahaded green, areas between the
dredging design depth and overdredge depth shaded yellow, areas below overd,redged
depth that were not dredged or areas that were deeper than the overdredge depth
before the project began as indicated on the predredging survey shaded blue, and areas
dredged below the overdredge depth or out -side the project boundaries shaded red.
The methods used to prepare the post-dTedging survey shall be the same methods used
in the predredging condition survey. -The survey �shall be signed by the Perrrdttee
certif��g that the data are accurate.
L) The post -dredging report shall be signed by a dWy authorized representative of the
Ferzaittee. The Fermittee's yepresentative shall make the followirig cedification:
1. certify under penally of law that this dncumenf and all altachinents were prepared under my
direction or s-upeTvision. ne illformAtion submitted is, to the best of my knowledge and belief,
true, accurate, and cornplefe. r am awa7-c thaf 11wre are s��fieant penddesfor submiflingfalse
infaTmadon, induding Lhe possibility of.#ne and imprisonmenifor knowing violations,
SEP,11.2008 3:11PM CASH & ASSOCIATES 714 895 1291 NO.375 P. 12
Qcean DiZ2osal
I- For this permit, the term disposal operations amli m=: the transportation of dredged
material from the dredging site to the LA -3 ocean disposal site, proper disposal of dredged
material at the central disposal area within the LA -3 ocean disposal site, and transportation of
the -hopper dredge ov disposal barge ar scow back to the dredging site.
2. The ocean disposal sites are demarcated as circles with the center coordinates and radii
listed belou-
LA-3; (coordinates of the soon-to-be permanently desigmted site, effective October 2005):33
degrees 31 .00 minutes North Latitude, 117 degrees 53,50 minutes West Longitude (NAD 1983),
circular site with radius� of 3,000 feet
3. No more than 34,000 cubic yards of dredged material excavated at the location defined in
Dredging Special Condition 12 are authorizPad for disposal at the LA -3 ocean disposal site -
4, Prior to commencement af any ocean disposal opexations, the Permittee $hall suba-dt a Scow
Certification Checklist to EPA and the Corps for review and approval. The $cow Certification
Cheeldist shall document: the amouxit of material dredged and loaded into each barge for
disposal; the location fTom which the material in each barge was dredged; the weatherreport
for and sea state'conditions anticipated during the transit period; the time that each disposal
vessel is expected to depart for, arrive at and rebirn from the LA -3 ocean disposal site.
S. Vie Fermittee sball riotify the USCG by radio on VFU-FM channel 16 or by telephone at
least four (4) houn before deparLing for each disposal site. The notification shall include-.
A) Name of Permittee.
B) Coips permit number.
C) Name and identification of vessels (tug boat, hopper dredged or disposal barge or
scow� employed in the disposal opera -don.
D) Loading location of the material to be disposed.
E) tAaterial to be disposed.
F) Time of departure frorn the &edging site.
G) Estimated time of arrival at the ocean disposal site and estimated time of departure
from the ocean disposal site.
1) Esdmated time or arrival at dredging site after the disposal operation is completed,
6. The Feirnittee shal.1 emure dredged material is not leaked or spilled from the disposal
vessel(s) during transit to LA -3 ocean disposal site. The Permittee shall transport dredged
material to the LA -3 ocean disposal site only when weather and sea state conditions will not
interfere with safe- transportation and will not create risk of spillage, leak or other loss of
dredged material during transit. No disposal vessel trips shall be initiated when the National
Weadwr Service has issued a Sale warrag for loc-4 waters during the time period necessary to
complete disposal operations.
7, When dredged material is discharged by the Permittee at the LA -3 ocean disposal site, no
portion of the vessel from which the materials are to be xeleased (e.g. hopper dredge or towed
barse) may be further than 1,000 feet (305 meters) from the center of the disposal site (the
10
SEP,11.2008 3:11PM CASH & ASSOCIATES 714 895 1291
f1surface disposal zone" or "SDZ").
NO. 375 P. 13
8. No more than one disposal vessel rnay be present within the LA -3 ocean disposal site SDZ at
any time.
9. The captain of any tug boat or other vessel covered by thispermit shal I I monitor VHF -FM
channel 16 while coriducting disposal operations. - I I
10. The primary disposal tmd�ing system for recording ocean d�sposal operations data shall be
disposal vessel (e.g-, scow) based, An appropriate Global Positioning System (GPS) shall be
used to indicate tha position of the disposal vessel with a minimumaccuracy of 10 feet during
all transportation and disposal operations. This primary disposal tracldrtg system must
indicate and automatically record both the posidort and the draft of the di"sal vessel at a
maximuin 1-minUte interval while outside the LA, -3 ocean disposal site boundary, and at a
ma)daiiim 15 -second interval while inside the LA -3 ocean disposal site boundary. 1his system
must also indicate and reoord the tbne and location of each disposal event (e.g., the discharge
phase). Finally, the primary system must include a real-time display, in the wheelhouse or
otherwise for the helmstroxk, of the position of the disposal vessel relative to the boundaries of
the LA -3 ocean disposal site and its SDZ, superimposed on the appropriate National Oceanic
Sdrvice navigational chart, so that the operator can confirm proper position within the SDZ
before disposing the dredged material.
11. Data recorded from the primary disposal tra&ing systern inust be posted by, a d-drd party
contractor an a: neax-real time basis to Ex World Wide Web �ntemet) site accessible at a
minimi-im by RM the Corps, the Permittee, the prime dredging contractor, and any
independent inspector. The Internet site shall be provided to the Corps and EPA prior to
commencement of disposal operations, The Internet site must: he searchable by disposal trip
number and date, and at a udrdaium for each disposal trip it must provide a Vi5ual display of:
the disposal vessel transit route to LA,3 ocean disposal sitme; the beginning and ending locations
of the disposal event; and the disposal vessel draft throughout the transit. The requirement for
posting d -ds information on the Internet is independent from the hard -copy reporting
requirements listed in SpecW Condition 14 below. The third -party system must also generate
and distribute "e-mail ale% ts" regarding any degree of apparent dumping ouwde the SDZ of
the LA -3 ocean disposal site, and regarding any apparent substantial lealcage/spillage or other
loss of material en route to the LA -3 ocean disposal site. Substantial leakage/spillage or other
ioss for Us permit is defined as an apparent loss of draft of one foot or more between the time
that tlie disposal vessel begins the trip to LA -3 and the fixne of actual disposal, F -mail alerts for
any disposal trip must be sent within 24 houis of the end of that trip, at a ininimum to EPA, the
Corps, the Permittee, and the prime dredging contractor,
12. if the primary disposal, tracldng system fags during transit to the LA -3 ocean disposal site,
the riavigation system on the towing vessel (tug, if any), ineeting the rniWrnum accuracy
requixernent listed above, may be used to complete the disposal trip by maneuvering the
tow -bag vessel so that, given �he compass heading and tow cable length to the scow Clayb ack),
the estimated scow position would be within the SDZ of the LA -3 ocean disposal site. In such
cases, the kowing vesseYs position, and the tow cable length and compass heading to the
disp6sal vessel, must be recorded and reported- The Fermittee shall halt further disposal
operations using a disposal vessel whose navigation traddng system fails until those primary
11
SEP.11.2008 3:11PM CASH & ASSOCIATES 714 895 1291
disposal tracking capabilities axe restored.
NO. 375 P. 14
13. The Permittee shall report any anticipated, potential, or actual variances from compliance
with the general and special conditions of this pem-d� to IEFA and the Corps witbin 2-4 hours of
discovering such a situation. An operational 'e-inail alert" system, as described in Special
Condition 11 above, will be considered as ftAfilling this 24-hour notification requirement. In
addition, the Perinittee shall prepare and submit a detailed report of any such compliance
problems -Arith the monthly hard -copy reports described below.
14. The Fermittee shall colleM for each oceary disposal trip, both automatically -recorded
electronic data and printoixts from the primary disposal tracking system showing b7ansit
routes, disposal vessel draft readings, disposal coordinates, and the time and position of the
disposal vessel when dumping was commenced and completed. These daily records shall be
compiled, and provided in reports to both EPA and the Corps at a minimum for each month
during which ocean disposal operations occur. These reports shall include the automatically -
recorded electronic navigation tracking and disposal vessel draft data on CD ROM (or other
media approved by EPA and the Corps), as well as hard copy reproductions of the Scow
Certification. Checklists and printouts listed above,.The reports shall also inclLide a cover letter
describing any problems complying with the general and special conditions of this permit� the
cause(s)of &t� problems, any steps taken to rectify the problems, and whether the problems
occurred on subsequent disporsal trips.
15. Following the compleLion of ocean disposal operations, the Permittee slaall submit to EPA
and the Cmps a completion lettter sutranariz� the towl number of disposal trips and the
overall (in sku) volume of material disposed at LA -3 ocezn disposal site for the project, and
whether any of this dredged mate -dal was excavated from outside the areas authorized for
ocean disposal or was dredged deeper than authorized by the permit-
PurtherInfori=(ioxv
1. Congressional Authorities. You have been authorized to undertake the activity described
above pursuant to:
(X) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 03).
(X) Secdon 404 of the Clean Water Act (33 US -C. 1344).
() Section 103 of ffie Marine Profecdon, Research =d Saitauaries Act of 1972 (33 U.&C 1413),
2. Limits of this authorization,
a. This permit does not obviate the need to obtaln other Federal, state, or local authotizations
mquired by law.
b. This pem-dt does not grant any property rights or exdtisive prMleges.
c TMs permit does not authorize any b�ury to the property or rights of others.
12
SFP.11.2008 3:11PM CASH & ASSOCIATFS 714 895 1291
NO. 375 P. 15
d, This permit does not authorize interference with ally existirtg or propossed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following -
a. Damages to the permitted project or uses thereof as a result of other permitted or unpern-dtted
activities or fToni natural causes.
b. Damages to the peurdtted project or uses thereof at a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpern-Litted activities or stractures
caused by the activity authorized by &is permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any futuxe modification, mspension, or revocation of fts
permit
4. Reliance on Applicant's Data. The determination of this office- that isstlaxice of this permit is
not contrary to the public intere&t was made in reliance on the inforniaticra you provided,
S. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at ariy
time the cirmmstances warrant Circumstances that could reqLtire a reevaluation incjude� but are
not Bmited to, the following.- *
a. You. fail to comply with the terms and cmditions of fts pen -nit.
b. The information provided by you in support of your peraxit application proves tu have been
fabe, incompletq, or inaccurate (See 4 above).
c- Significant new information surfaces which this office did not comider in reaching the original
publir interest decision.
Such a r8evaluatiori may result in a determinadon that it is appropriate to me the suspension,
nv�,dfficatiort, and revocation procedures contained in 33 CFR 325-7 or enfox-cement: pr=dures
such as those contained in 33 CFR 326A and 326.5. The referenced enforcement procedures
provide for ffie issuance of an administrative order requiring you bo comply ��th the te=s and
conditions of your perrrdt and for flie initiation of legal action where appropliate. Yotz will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, a -tis office may in cerLain situatiom (such as those specified izL 33 CFR 209.170)
accomplish the corrective measures by contract or offienvise axLd bill you for the cost
6. Exbm-isiom. General condidon I establishes a tirne Urnit for the completion of the acthdty
autharized by this peruiiL Unless there are circx=stances requiring either a prompt completion
of the authorized actMty or a reevaluation of the public interest decisim dw Cox-E� will normally
give you favorable consideration to a request for an exiension of this dme limit.
13
SEP -11-2008 3:12FM CASH & ASSOCIATES 714 895 1291
NO. 375 P. 16
Yo,u dgnature below, as peradttee, in&cates that you acc5ept and agree to comply with the terms
and corLdRiom of this permit
IDATE
Sr. Director, Eavironmerital Compliance
This permitbecomes effective when the fiederal official, designated to ad for the Secretaxy of the
Amy, I)as signed below.
jagCh=ig DATE
Sertior ProjecE Manager
SaathCoastBfanch
Replatory DivWw
When the stxuchms or work authorized by 1his p x-
,eraiit are still in e Lstmee at the Une the
property is tranafermcL the tei= and cm-tditiorts of tWs pexrait will ecntinue to bo- bin4Rg on d-te
new owrte*) of the property. To validate the trdnsfer of this pen -nit and the associated habMities
assodated witb complianm with its te= an4 conditions, have the transferee sign and d�Lke
below.
INCIAR412 M
14
rawfil-0
SEP -11,2008 3:12FM CASH & ASSOCIATES 714 895 1291
LOS ANGErs-P.5 DTSTIUC-7
U. S, ARMY CMPS OF ENGWERRS
V
CERTIFICATION OF COMPLLANCE WITH
DEPARTMENT OF THE ARMY PERAET
FemdtNumber: SPL -2007 -00372 -TBV
Name of Flernatteim- Dwn Kirk, V2s hvine Company
NO, 375 P. 17
Date of Issuance- �&y 7, 2008
Upon completiort of the actWity alathorized by this perniit sign ti -ds mitifieklion and return
it to the following address:
RegiAat(n7 Division - Los Angeles District Office
ATrN- CE3PL�RG-S1--'L-2007-00372-FBV
P.O. Box 53MI
Los Angeles� California 90053-2325
Please note ffiat your permitted activity is subject to a compliance kispection by an Army
Cio�rps of Engineers representative. If you fail to comply with this perudt you may be mbject to
penrdt smperdon, modification, or revocation.
I hemby certify that the work auffi=17ed by the above referenced pen -nit has been
completed in accordance with the terms and condWons of said pe=t-
Sipat=e of Pemiittee
2
Date
SEP -11-2008 3:12PM CASH & ASSOCIATES 714 895 1291 NO.375 P. IS
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SEP -11-2008 0/:12FM CA'SH & A"�'SOCIIATES 714 0"'95 1291 NO," -j75 F, 2()
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SEF,11,2C)OU' 3:12FM CASH & ASSOCIATES' 714 ov-95 1291
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S I P, 11 . 2 '8 3: 1 FM CASH & ASSSOCIATES 714 `95 1291
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+1
Walters, Lisa
From:
Miller, Chris
Sent:
Wednesday, December 31, 2008 11:10 AM
To:
Karl Schwing; Dan Swenson; Adam Fischer
Cc:
Walters, Lisa; Levin, Shannon
Subject:
Balboa Marina - RGP 54 Dredging Application
Hi Karl, Dan and Adam,
I hope things are going well for you at this end of the year season.
I'm writing to ask you for a little help regarding an RGP-54 dredging application batch that Lisa
Walters will be mailing to you, probably on Monday. On the top of this batch, you will find an
application for 1,000 cy dredging project for the Balboa Marina area (Irvine Company).
As you are already aware, the Irvine Company is currently dredging the Balboa Marina and channel
area and will remove -35,000 cy of material. As I understand it, they are a little more than half way
through the project and expect to finish near the end of January. Within the past few weeks, they
discovered a small shoal outside of their current permitted dredge area, and they have decided to
apply for an RGP-54 permit to remove this shoal while the contractor is still on site. Obviously, The
Irvine Company is striving to take advantage of the contractor who has already mobilized on site,
representing a huge savings of time, effort and cost.
I am respectfully asking that you and your staff please review this application as soon as possible and
aside from your normal turnaround time so the dredger can begin work after the larger project is
complete in about a month. The City has reviewed the application and we feel that it is complete,
given the extensive data already collected at the Balboa Marina project a few feet away.
I realize this request comes at a time when everyone's schedule is very demanding, but I would
appreciate any help you can provide. Please feel free to contact either myself or the project
consultant, Joshua Burnam of Anchor Environmental, with any questions that you may have.
Thanks ... and Happy New Yead!
Chris Miller
Harbor Resources Manager
(949) 644-3043
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
June 16, 2008
REPLYTO
A=mnoNoF
Office of the Chief
Regulatory Division
Dean Kirk
550 Newport Center Drive
Newport Beach, California 92660
Dear Mr. Kirk:
Enclosed you will find a signed copy of your Department of the Army Permit (File T\T,
SPL-2007-00372-FBV). Please retain this copy for your files.
Thank you for participating in our regulatory program. If you have any questions, please
contact Forrest Vanderbilt at 213.452.3289 or via e-mail at Forrest.B.Vanderbilt@usace.ar.Tn,, - .1
Please be advised that you can now comment on your experience with Regulatory
Division by accessing the Corps web -based customer survey form at
http.aer2.nwl2.usace.army.mil/survey.htTnl.
Sincerely,
ae Chung
Senior Project Manager
South Coast Branch
Regulatory Division
EnclosureW
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGrNEERS
DEPARTMENT OF THE ARMY PERMIT
Permittee: Dean Kirk, The Irvine Company
Permit Number: SPL-2007-00372-FBV
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 dredge approximately 34,000 cubic yards of sediment, transport to and
discharge sediment at the LA -3 Ocean Dredged Material Disposal Site, and remove and replace
the Balboa Marina. The work is associated with the Balboa Marina Dock Replacement as
shown on the attached drawings.
Spedfically, you are authorized to:
1. Dredge 34,000 cubic yards of material from project site (see attached map);
2. Dredge to a depth of —8 t6 —10 feet below mean lower low water (MLLW) plus up to one
foot of potential overdepth;
3. Dispose of dredged material at the LA -3 disposal site;
4. Install 64 concrete piles with 48 piles being jetted to within 4 feet of the tip and then
impact -hammered and 16 piles jetted to tip elevation;
5. Remove existing 27,550 square foot marina; and
6. Install new 20,931 square foot marina (see attached map).
Project Location: 7he proposed work would take place within Newport Bay, in the City of
Newport Beach, Orange County, California (dredging site: latitude: 33.6157, longitude: -
117.9032), as well as a separate off -shore disposal site, LA -3
Permit Conditions:
General Conditions:
1. The time limit for completing the authorized activity ends on May 1, 2011. If you find that you
need more time to complete the authorized activity, submit your request for a time extension to
tl-ds office for consideration at least one month before the above date is readied.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification from this permit from this office, whichmay require restoration
of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by tl-ds permit, you must immediately notify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions:
Section 10
1. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States as defined by 33 C.F.R. Part 329.
2. Creosote treated pilings shall not be placed in navigable waters unless all of the following
conditions are met,
A) The project involves the repair of existing structures that were originally
constructed using wood products;
B) The creosote treated pilings are wrapped in plastic;
C) Measures are taken to prevent damage to plastic wrapping from boat use. Such
2
measures may include installation of rub strips or bumpers;
D) The plastic wrapping is sealed at all joints to prevent leakage; and
%E) The plastic material is expected to maintain its integrity for at least ten years, and
plastic wrappings that develop holes or leaks must be repaired or replaced in a timely
manner by the Permittee.
3. No other modifications or work shall occur to the structure permitted herein.
4. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
http://swr.ucsd.edu/lxdLccpvl.htm not earlier than 90 calendar days prior to planned
construction and not later than 30 calendar days prior to construction. The results of that
survey shall be furnished to the Corps, NOAA Fisheries, and the California Department of Fish
and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In
the event that Caulerpa is detected within the project area, the Permittee shall not commence
work until such time as the infestation has been isolated, treated, and the risk of spread is
eliminated as confirmed in writing by the Corps, in consultation with NOAA.Fisheries and
CDFG.
5. FOR BOAT DOCKS and OTHER STRUCTURES PLACED IN WATERS OF THE US WITH
THE POTENTIAL TO IMPACT EELGRASS: Once authorized impacts to navigable waters
authorized by this permit have ceased, the Permittee shall conduct two years of post -
construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries'
Southern California Eelgrass Mitigation Policy (Policy)
(htW:/Lswr.nmfs,noaa.goy/hed/ee!Rg ".htin . All required post -construction monitoring surveys
shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days
of ' each survey completion date. Based upon the post -construction monitoring survey results
and in accordance with the Policy, the Corps will determine the need and/or amount of
Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat The
Corps will transmit its determination to the Permittee in writing. Within 60 calendar days of
receiving the Corps' determination specifying the need and amount of mitigation, the
Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The
EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' Los
Angeles DistrictMitigation Guidelines and Monitoring Requirements, dated April 19, 2004.
The Permittee shall fully implement the final EPH mitigation plan as approved by the Corps.
6. FOR DREDGING PROJECTS WITH THE POTENTIAL TO IMPACT EELGRASS; Prior to
each maintenance dredging event, a pre -project eelgrass survey should be conducted in
accordance with the Southern.California Eelgrass Mitigation Policy (SCEMP)
(http://swr.nmfs.noaa.gov/hed/eelpol.htm). If the pre -project survey demonstrates eelgrass
presence within the project vicinity, a post -project survey should be conducted and impacts to
eelgrass mitigated in accordance with the SCEMP.
7. The Permittee shall discharge only clean construction materials suitable for use in the
oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish,
cement or concrete washings thereof, oil or petroleum products, from construction shall be
allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the
United States. Upon completion of the project authorized herein, any and all excess material or
debris shall be completely removed from the work area and disposed of in an appropriate
upland site.
8. The Permittee shall notify the Corps of the date of commencement of operations not less
than 14 calendar days prior to commencing work, and shall notify the Corps of the date of
completion of operations at least five calendar days prior to such completion.
9. The Permittee shall notify the Commander, Eleventh Coast Guard District, and the Coast
Guard Marine Safety Office / Group LA -LB, not less than 14 calendar days prior to
commencing work and as project information changes. The notification, either by letter, fax, or
e-mail, shall include as a minimum the following information:
A) Project description including the type of operation (i.e. dredging, diving,
construction, etc).
B) Location of operation, including Latitude / Longitude (NAD 83).
C) Work start and completion dates and the expected duration of operations.
D) Vessels involved in the operation (name, size and type).
E) VHF -FM radio frequencies monitored by vessels on scene.
F) Point of contact and 24 hour phone number.
G) Potential hazards to navigation.
H) Chart number for the area of operation.
Addresses:
Commander, 11th Coast Guard District (can)
Coast Guard Island, Building 50-3
Alameda, CA 94501-5100
ATTN: Local Notice to Mariners
TEL: (510) 437-2986
FAX: (510) 437-3423
FAX: (310) 732-2029
U.S. Coast Guard
Marine Safety Office / Group LA -LB
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
Attn: Waterways Management
TEL: (310) 732-2020
10. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter 1, subdia'pter
C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District
in writing, with a copy to the Corps, not less than 30 calendar days in advance of operating any
equipment adjacent to any aids to navigation which requires relocation or removal. Should any
federal aids to navigation be affected by this project, the Permittee shall submit a request, in
writing, to the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee
and its contractor are prohibited from relocating or removing any aids to navigation until
authorized to do so by the Corps and the U.S. Coast Guard.
11. Should the Permittee determine the work requires the placement and use of private aids to
navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to
the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee is
prohibited from establishing private aids to navigation in navigable waters of the U.S. until
authorized to do so by the Corps and the U.S. Coast Guard.
4
12. Upon notification to the U.S. Coast Guard as specified in Special Condition 9, the Permittee
shall forward a copy of the notification to the Coast Guard Captain of the Port (COTP). The
COTP may modify the deployment of marine construction equipment or mooring systems to
safeguard navigation during project construction. The Permittee shall direct questions
concerning fighting, equipment placement, and mooring to the appropriate COTP.
13. Within 30 calendar days of completion of the project authorized by this permit, the
Pem-Littee shall conduct a post -project survey indicating changes to structures and other
features in navigable waters. The Permittee shall forward a copy of the survey to the Corps
and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton,
NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room
5082, Seaside, CA 93955-6711.
14. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the navigable
waters, the pern-dttee will be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United. States on account of any such
removal or alteration.
Dredgin
1. For this permit, the term dredging operations shall mean: navigation of the dredging vessel
at the dredging site, excavation of dredged material within the project boundaries, and
placement of dredged material into a hopper dredged or disposal barge or scow.
I Dredging authorized in this permit shall be limited to the areas defined in Figures labeled
"Dredging Key Plan 1-9) only. No more than 34,000 cubic yards of dredged material are
authorized for dredging from Balboa Marina locationby the Permittee. No dredging is
authorized in any other location under this permit. This permit does not authorize the
placement or removal of buoys.
3. For this permit, the maximum dredging design depth (also known as the project depth or
grade) shall be —10 feet below mean lower low water (MLLW), with a maximum allowable
overdredge depth of one -foot to a depth of —11 feet below MLLW. No dredging shall occur
deeper than —11 feet below MLLW` (dredging design depth plus overdredge depth) or outside
the project boundaries.
4. The Permittee is prohibited from dredging and disposing material in navigable waters of the
U.S. that has not. been tested and determined by the Corps, in consultation with the
Environmental Protection Agency Region IX (EPA), to be both clean and suitable for disposal
in ocean waters. Re -testing of previously tested or dredged areas is required after three years
from the date of sediment sampling. This time limit is subject to shortening given the
occurrence of any event that may cause previously determined clean material to become
suspect, at the discretion of the Corps, Prior to each dredging episode, the Permittee must
demonstrate that the proposed dredged materials are chemically and physically suitable for
5
disposal'in ocean waters according to the provisions of the Inland Testing Manual or Ocean
Disposal Manual as appropriate. If the material does not meet the physical and chemical
criteria for unconfined disposal in ocean waters, the dredged material shall be disposed in an
upland disposal area. The Permittee shall submit to the Corps and EPA a draft sampling and
analysis plan (SAP). Sampling may not commence until the SAP is approved, in writing, by the
Corps, in consultation with EPA.
5. At least 15 calendar days before initiation of any dredging operations authorized by this
permit, the Permittee shall send a dredging and disposal operations plan to the Corps and
EPA, with the following information:
A) A list of the names, addresses and telephone numbers of the Permittee's project
manager, the contractor's project manager, the dredging operations inspector, the
disposal operations inspector and the captain of each tug boat, hopper dredge or other
form of vehicle used to transport dredged material to the designated disposal site.
B) A list of all vessels, major dredging equipment and electronic positioning systems or
navigation equipment that will be used for dredging and disposal operations, including
the capacity, load level and acceptable operating sea conditions for each hopper dredge
or disposal barge or scow to assure compliance with special conditions on dredging and
disposal operations.
C) The results of a detailed analysis of all material to be dredged pursuant to an
approved SAP.
D) A detailed description of the dredging and disposal operations authorized by this
permit. Description of the dredging and disposal operations should include, at a
minimum, the following:
i) Dredging and disposal procedures for 34,000 cubic yards of dredged material
determined by the Corps and EPA Region IX to be suitable for ocean disposal
from the permittee's Balboa Marina location.
ii) Dredging and disposal procedures for KOOO cubic yards to be dredged from
the Permittee's Balboa Marina location.
iii) A schedule showing when the dredging project is planned to begin and end.
E) A predredging bathymetric condition survey (presented as a large format plan view
drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5 -foot
with the exact location of all soundings clearly defined on the survey chart. The
predredge survey chart shall be prepared showing the following information:
i) The entire dredging area, the toe and top of all side -slopes and typical cross
sections of the dredging areas. To ensure that the entire area is surveyed, the
predredge condition survey should cover an area at least 50 feet outside the top
of the side -slope or the boundary of the dredging area, unless obstructions are
encountered.
ii) The dredging design depth, overdredge depth and the side -slope ratio.
iii) The total quantity of dredged material to be removed from the dredging
areas and the side -slope areas.
iv) Areas shallower than the dredging design depth shall be shaded green,
areas between the dredging design depth and overdredge depth shall be shaded
yellow, and areas below overdredge depth that will not be dredged shall be
shaded blue. If these areas are not dearly shown, the Corps may request
additional information.
v) The predredging survey chart shall be signed by the Permittee to certify that
ri
the data are accurate and that the survey was completed within thirty (30) days
before the proposed dredging start date.
F) A debris management plan to prevent disposal of large debris at all disposal
locations. The debris management plan shall include: sources and expected types of
debris, debris separation and retrieval methods, and debris disposal methods.
6. The Permittee shall not commence dred&g operations unless and until the Permittee
receives a Notice to Proceed, in writing, fram fhe_far�s.
7. The Permittee shall maintain a copy of this permit on all vessels used to dredge, transport
and dispose of dredged material authorized under this permit.
8. The Permittee shall notify the Commander Eleventh Coast Guard District (USCG), and the
Coast Guard Marine Safety Office / Group LA -LB not less than 14 calendar days prior to
commencing work and as project information changes. A copy of each notification to the
USCG shall be sent to the Corps for our file. The notification, either by letter, fax, or e-mail,
shall include as a minimum the following information:
A) Project description including the type of operation (i.e. dredging, diving,
construction, etc).
B) Location of operation, including Latitude / Longitude (NAD 83).
C) Work start and completion dates and the expected duration of operations.
D) Vessels involved in the operation (name, size and type).
E) VHF -FM radio frequencies monitored by vessels on scene.
F) Point of contact and 24 hour phone number.
G) Potential hazards to navigation.
H) Chart number for the area of operation.
Addresses:
Commander, 11th Coast Guard District (oan)
Coast -Guard Island, Building 50-3
Alameda, CA 94501-5100
ATIN: Local Notice to Mariners
TEL: (510) 437-2986
FAX: (510) 437-3423
FAX: (310) 732-2029
U.S. Coast Guard
Marine Safety Office / Group LA -LB
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
Attn: 'Waterways Management
TEL: (310) 732-2020
9. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33 CRF_ chapter 1, subchapter
C, part 66. The Pern-dttee shall ensure its contractor notifies the USCG in writing, with a copy
to the Corps, not less than 30 calendar days in advance of operating any equipment adjacent to
any aids to navigation which requires relocation or removal. Should any federal aids to
navigation be affected by this project, the Permittee shall submit a request, in writin& to the
Corps as well as the USCG, Aids to Navigation office. The Permittee and its contractor(s) are
prohibited from relocating or removing any aids to navigation until authorized to do so by the
Corps and the U.S. Coast Guard
7
10. Should the Permittee determine the work requires the placement and use of private aids to
navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to
the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee is
prohibited from establishing private aids to navigation in navigable wa ters of the U.S. until
authorized to do so by the Corps and the USCG.
11. The Permittee shall notify the Commander, Eleventh Coast Guard District, and the Coast
Guard Marine Safety Office / Group LA -LB, not less than 14 calendar days prior to
commencing work and as project information changes. The notification, either by letter, fax, or
e-mail, shall include as a minimum the following information
12. The Permittee shall ensure that the captain of any hopper dredge, tug or other vessel used
in the dredging and disposal operations, is a licensed operator under USCG regulations and
follows the Inland and Ocean Rules of Navigation or the USCG Vessel Traffic Control Service.
All such vessels, hopper dredges or disposal barges or scows, shall have the proper day shapes,
operating marine band radio, and other appropriate navigational aids.
13. The Permittee's contractor(s) and the captain of any dredge covered by this permit shall
monitor VHT-FM channels 13 and 16 while conducting dredging operations.
14. Upon request, the Permittee and its contractor(s) shall allow inspectors from the Corps,
EPA, and(or) the USCG to inspect all phases of the dredging and disposal operations.
15. Upon request, the Permittee and its contractor(s) retained to perform work authorized by
the permit or to monitor compliance with this permit shall make available to inspectors from
the Corps, EPA, and(or) the USCG the following. dredging and disposal operations inspectors'
logs, the vessel track plots and all disposal vessel logs or records, any analyses of the
characteristics of dredged material, or any other documents related to dredging and disposal
operations.
16. The permitted activif� shall not interfere with the public's right to free navigation on all
navigable waters of the United States.
17. If a violation of any permit condition occurs, the violation shall be reported by the
Permittee to the Corps within twenty-four (24) hours. If the Permittee retains any contractors
to perform any activity authorized by this perrnit, the Permittee shall instruct all such
contractors that notice of any violations must be reported to the Permittee immediately.
18. When using a hopper dredge, water flowing through the weirs shall not exceed 10 minutes
during dredging operations. The level that a hopper dredge can be filled shall not exceed the
load line to prevent any dredged material or water from spilling over the sides at the dredging
site or during transit from the dredging site to the disposal site. No hopper dredge shall be
filled above this predetermined level. Before each hopper dredge is transported to the disposal
site, the dredging site inspector shall certify that it is filled correctly.
19. When using a disposal barge or scow, no water shall be allowed to flow over the sides. The
level that a disposal barge or scow can be filled shall not exceed the load line to prevent any
dredged material or water from spilling over the sides at the dredging site. No disposal barge
or scow shall be filled above this predetermined level. Before each disposal barge or scow is
transported to the disposal site, the dredging site inspector shall certify that it is filled correctly,
20. The Permittee shall use an electronic positioning system to navigate at the dredging site,
The electronic positioning system shall have a minimum accuracy and precision of +/- 10 feet (3
meters). If the electronic positioning system fails or navigation problems are detected, all
dredging operations shall cease until the failure or navigation problems are corrected. Any
navigation problems and corrective measures shall be described in the post -dredging
completion report per Special Condition 21.
21. The Permittee shall subn-tit a post -dredging completion report to the Corps within 30
calendar days after completion of each dredging project to document compliance with all
general and special conditions defined in this permit. The report shall include all information
collected by the Permittee, the dredging operations inspector and the disposal operations
inspector or the disposal vessel captain as required by the special conditions of this permit.
The report shall indicate whether all general and special permit conditions were met. Any
violations of the permit shall be explained in detail. The report shall further include the
following information:
A) Permit and project number.
B) Start date and completion date of dredging and disposal operations.
Q Total cubic yards disposed at the LA -3.
D) Mode of dredging.
E) Mode of transportation.
F) Form of dredged material.
G) Frequency of disposal and plots of all trips to the LA -3.
H) Tug boat or other disposal vessel logs documenting contact with the USCG before
each trip to the LA -3 ocean disposal site.
1) Percent sand, silt and day in dredged material.
J) A certified report from the dredging site inspector indica ' ting all general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
K) A detailed post -dredging hydrographic survey of the dredging area. The survey
shall show areas above the dredging design depth shaded green, areas between the
dredging design depth and overdredge depth shaded yellow, areas below overdredged
depth that were not dredged or areas that were deeper than the overdredge depth
before the project began as indicated on the predredging survey shaded blue, and areas
dredged below the overdredge depth or outside the project boundaries shaded red.
The methods used to prepare the post -dredging survey shall be the same methods used
in the predredging condition survey. The survey -shall be signed by the Permittee
certifying that the data are accurate.
L) The post -dredging report shall be signed by a duly authorized representative of the
Permittee. The Pern-dttee's representative shall make the following certification:
1. certify under penalty of law that this document and all attachments were prepared under my
direction or supervision. 7he information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. r am aware that there are significant penaltiesfor submittingfalse
information, including the possibility ofjUne and imprisonmentfor knowing violations.
�i
Ocean Dis2osal:
1. For this permit, the term disposal operations shall mean: the transportation of dredged
material from the dredging site to the LA -3 ocean disposal site, proper disposal of dredged
material at the central disposal area within the LA -3 ocean disposal site, and transportation of
the'hopper dredge or disposal barg� or scow back to the dredging site.
2. The ocean disposal sites are demarcated as circles with the center coordinates and radii
listed below:
LA -3: (coordinates of the soon-to-be permanently designated site, effective October 2005):33
degrees 31.00 minutes North Latitude, 117 degrees 53.50 minutes West Longitude (NAD 1983),
circular site with radius of 3,000 feet.
3. No more than 34,000 cubic yards of dredged material excavated at the location defined in
Dredging Special Condition #2 are authorized for disposal at the LA -3 ocean disposal site.
4. Prior to commencement of any ocean disposal operations, the Permittee shall submit a Scow
Certification Checklist to EPA and the Corps for review and approval. The Scow Certification
Checklist shall document: the amount of material dredged and loaded into each barge for
disposal; the location from which the material in each barge was dredged; the weather report
for and sea state conditions anticipated during the transit period; the time that each disposal
vessel is expected to depart for, arrive at and return from the LA -3 ocean disposal site.
5. The Pern-dttee shall notify the USCG by radio on VHF -FM channel 16 or by telephone at
least four (4) hours before departing for each disposal site. The notification shall include:
A) Name of Permittee.
B) Corps permit number.
C) Name and identification of vessels (tug boat, hopper dredged of disposal barge or
scow) employed in the disposal operation.
D) Loading location of the material to be disposed.
E) Material to be disposed.
F) Time of departure from the dredging site.
G) Estimated time of arrival at the ocean disposal site and estimated time of departure
from the ocean disposal site.
1) Estimated time Or arrival at dredging site after the disposal operation is completed.
6. The Perrnittee shall ensure dredged material is not leaked or spilled from the disposal
vessel(s) during transit to LA -3 ocean disposal site. The Permittee shall transport dredged
material to the LA -3 ocean disposal site artly when weather and sea state conditions will not
interfere with safe transportation and will not create risk of spillage, leak or other loss of
dredged material during transit. No disposal vessel trips shall be initiated when the National
Weather Service has issued a gale warning for local waters during the time period necessary to
complete disposal operations.
7. When dredged material is discharged by the Permittee at the LA -3 ocean disposal site, no
portion of the vessel from which the materials are to be released (e.g. hopper dredge or towed
barge) may be further than 1,000 feet (305 meters) from the center of the disposal site (the
10
"surface disposal zone" or "SDZ").
8. No more than one disposal vessel may be present within the LA -3 ocean disposal site SDZ at
any time.
9. The captain of any tug boat or other vessel covered by this permit shall monitor VHF -FM
channel 16 while conducting disposal operations.
10. The primary disposal tracking system for recording ocean disposal operations data shall be
disposal vessel (e.g., scow) based. An appropriate Global Positioning System (GPS) shall be
used to indicate the position of the disposal vessel with a minimum accuracy of 10 feet during
all transportation and disposal operations. This primary disposal tracking system must
indicate and automatically record both the position and the draft of the disposal vessel at a
maximum 1-minUte interval while outside the LA -3 ocean disposal site boundary, and at a
maximum 15 -second interval while inside the LA -3 ocean disposal site boundary. This system
must also indicate and record the time and location of each disposal event (e.g., the discharge
phase). Finally, the primary system must include a real-time display, in the wheelhouse or
otherwise for the helmsman, of the position of the disposal vessel relative to the boundaries of
the LA -3 ocean disposal site and its SDZ, superimposed on the appropriate National Oceanic
Service navigational chart, so that the operator can confirm proper position within the SDZ
before disposing the dredged material.
11. Data recorded from the primary disposal tracking system must be posted by a third party
contractor on a, near -real time basis to a World Wide Web (Internet) site accessible at a
minimum by EPA, the Corps, the Permittee, the prime dredging contractor, and any
independent inspector. The Internet site shall be provided to the Corps and EPA prior to
cornmencement of disposal operations. The Internet site must be searchable by disposal trip
number and date, and at a minimum for each disposal trip it must provide a visual display of:
the disposal vessel transit route to LA -3 ocean disposal site; the beginning and ending locations
of the disposal event, and the disposal vessel draft throughout the transit. The requirement for
posting this information on the Internet is independent from the hard-copy,reporting
requirements listed in Special Condition 14 below. The third -party system must also generate
and distribute "e -,mail alerts" regarding any degree of apparent dumping outside the SDZ of
the LA -3 ocean disposal site, and regarding any apparent substantial leakage/spillage or other
loss of material en route to the LA -3 ocean disposal site. Substantial leakage/spillage or other
loss for this permit is defined as an apparent loss of draft of one foot or more between the time
that the disposal vessel begins the trip to LA -3 and the time of actual disposal. E-mail alerts for
any disposal trip must be sent within 24 hours of the end of that trip, at a minimum to EPA, the
Corps, the Permittee, and the prime dredging contractor.
12. If the primary disposal tracking system fails during transit to the LA -3 ocean disposal site,
the navigation system on the towing vessel (tug, if any), meeting the minimum accuracy
requirement listed above, may be used to complete the disposal trip by maneuvering the
towing vessel so that, given * the compass heading and tow cable length to the scow Gayback),
the estimated scow position would be within the SDZ of the LA -3 ocean disposal site. In such
cases, the towing vessel's position, and the tow cable length and compass heading to the
disposal vessel, must be recorded and reported. The Permittee shall halt further disposal
operations using a disposal vessel whose navigation tracking system fails until those primary
11
disposal tracking capabilities are restored.
13. The Permittee shall report any anticipated, potential, or actual variances from compliance
with the general and special conditions of this permit, to EPA and the Corps within 24 hours of
discovering such a situation. An operational "e-mail alert" system, as described in Special
Condition 11 above, will be considered as fulfilling this 24-hour notification requirement. In
addition, the Permittee shall prepare and submit a detailed report of any such compliance
problems with the monthly hard -copy reports described below.
14. The Permittee shall collect, for each ocean disposal trip, both automatically -recorded
electronic data and printouts from the primary disposal tracking system showing transit
routes, disposal vessel draft readings, disposal coordinates, and the time and position of the
disposal vessel when dumping was commenced and completed. These daily records shall be
compiled, and provided in reports to both EPA and the Corps at a minimum for each month
during which ocean disposal operations occur. These reports shall include the automatically -
recorded electronic navigation tracking and disposal vessel draft data on CD ROM (or other
media approved by EPA and the Corps), as well as hard copy reproductions of the Scow
Certification Checklists and printouts listed above. The reports shall also include a cover letter
describing any problems complying with the general and special conditions of this permit, the
cause(s) of the problems, any steps taken to rectify the problems, and whether the problems
occurred on subsequent disposal trips.
15. Following the completion of ocean disposal operations, the �errnittee shall submit to EPA
and the Corps a completion letter summarizing the total number of disposal trips and the
overall (in situ) volume of material disposed at LA -3 ocean disposal site for the project, and
whether any of this dredged material was excavated from outside the areas authorized for
ocean disposal or was dredged deeper than authorized by the permit.
Further Information:
1. Congressional Authorities. You have been authorized to undertake the activity described
above pursuant to:
(X) Section 10 of the River and Harbor Ad of 1899 (33 U.SZ 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)-
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
12
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit
4. Reliance on Applicant's Data. The determination of 0 -ds office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on d -ds permit at any
time the circumstances warrant. Circumstances that could require a reeviluation include, but are
not limited to, the following: '
a. You fail to comply with the terms and conditions of this perrnit�.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. 'Ihe referenced enforcement procedures
provide for the issuance of an administrative order reqWring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps' will normally
give you favorable consideration to a request for an extension of this time limit.
13
Your signature below, as pern-dtEee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
PERIVIITTEE DATE
Sr. Director, Environmental Compliance
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
JagChung
Senior Project Manager
South Coast Branch
Regulatory Division
�- 16 -0
DATE
When the structures or work authorized by this perrrdt are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
TRANSFEREE
14
DATE k -
Permit Number:
LOS ANGELES DrSTR1CT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Name of Permittee:
Date of Issuance:
SPL-2007-00372-FBV
Dean Kirk, The Indne Company
May 1, 2008
Upon completion of the activity authorized by this permit, sign this certification and return
it to the following address:
Regulatory Division - Los Angeles District Office
ATFN: CESPL-RG-SPL-2007-00372-FBV
P.O. Box 532711
Los Angeles, Califon -da 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this pen -nit you may be subject to
permit suspension, modification, or revocation.
I hereby cert:L�, that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of said perndt.
Signature of Permittee
2
Date
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73
Worksheet for Building Combo Permit Application
ifflm MR � 10 City of Newport Beach - Building Department
Please print 3 copies (9
F—_,.Building F;�—,l Grading r—Drainage F-1 Elec 7 Mech F— Plum
F
1. Project Address (Not mailing address)
2 0 1 East Coast H i gh wa y 9 2 660
Tenant Name(if Applicable)
lCalifornia Recreation Co. (The Irvine Co.
2. Description of Work
Utility work, storm drainage upgrades and parking lot improvements (see- o1c,6,e-A)
Exist House SF Demo House SF
Floor Suite No
# Units (if Residential)
Use ia Pkg. Lot;
Valuation $ 500,000
# Stories
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF
TOTAL HOUSE SIF
Cu Yd Cut i
F>_(i New F_. Add F7 Alter NDemo
TOTAL GARAGE SIF Cu Yd Fill
F_
Check Annronriatp Roy for Annlir.,qnt
F,�l 3. Owner's Name Last Sinks
First reg
Owner's Address
Owner's E-mail Address
17505 Irvine Center Drive
— ---- ------ ....... . ... ..
iecompany.com
city ne State
[CA Zip 192618 Telephone
r�—� 4. Arch itect/Des ig ner's Name Last bki First Fred Lic. No.
Arch itect/Des ig ner's Address
Architect/Designees E-mail Address
KTL2 Bolsa Avenue, Ste. 100
3bki@URSCorp.com
city ,ach State
Zip [90649 Telephone
Exi 5. Engineer's Name Last
First Lic. No. C30661
Engineer's Address
Engineer's E-mail Address
Bolsa Avenue, Ste. 100
ason@URSCorp.com
City [Huntington Beach State
I zip 19 Telephone FT1�7-89�-2072
[G7A 2649
6. Contractor's Name Last
First Lic. No. Class
F-71,
Contractor's Address
Yontrn(,tnr1Q F -mail Address
city State
ro
,v'i -'Zip Telephone
OFFICE USE ONLY ENER( EE
00737).. PERMIT NO.
GRADING P/C FEE $
Rev 1178107 ELEC/MECH/PLUM P/C
PLAN CHECK NO. 200e
PLAN CHECK FEE $ IW�_
Landside Development
Improvements will be done to the utility systems, parking spaces, and other areas of the
Balboa Marina parking lot. Demolition of some existing facilities will be done as part of
these improvements.
The existing guardrail along the seawall, the trash enclosure near the seawall, the stairs
and planters at the building at 201 East Coast Highway, and the 3 gangway platforms and
piles will be removed. The gangway piles may be removed by the dock and/or dredging
contractor under a separate permit. Approximately 11,000 SF of AC pavement, 1,500 SF
of paving stones, and associated striping will be demolished. The wheel stops will be
salvaged for re -use. Additional items to be salvaged include the existing domestic water
serving the docks, if found in good condition, and the DDCVs. Approximately 280 feet
of an existing 4 -inch diameter cast iron sewer force main that is no longer in operation
will be removed and its ends will be capped.
The parking lot area that is demolished will be re -graded to better direct the storm water
flow to a new Zurn trench (storm) drain system along the seawall. The trench drain
system will include REM Triton TT3 filters to remove hydrocarbons, silt, and other
pollutants before discharging storm water runoff to the Bay. The trash enclosure will be
rebuilt approximately 75 feet away from the seawall. A new sewer force main which is
part of the dock pump -out system will be installed with connection to an OCSD manhole
on the property. Other new utilities include a fire water main and cable TV conduits as
well as extensions to the domestic water, electrical, and telephone systems. Construction
of these systems includes all sawcutting, trenching, pipe/conduit bedding, backfill,
compaction, repaving, and installation of pull boxes and various appurtenances.
Additional items include new guardrails along the seawall, new gates for the gangways,
and concrete curbs.
Two (2) new concrete gangway platforms will be cantilevered over the seawall with four
(4) piles supporting each platform on the landside. No piles for the platforms will be in
the water. New concrete sidewalks and ramps will lead from the gangway platforms to
the adjacent parking lot.
ADA Compliance
As part of this design, four (4) ADA parking stalls will replace the one (1) existing stall.
Two (2) ADA -compliant ramps will be built, one next to each gangway platform, to
facilitate access between the gangway platform and the parking as well as the restroorn
facilities in the building at 201 East Coast Highway.
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Please print 3 copies
r—Bu'ildin' F. Grading r—Drainage F— Elec F— Mech Fx- Plum
9
1 Project Address (Not mailing address) Floor Suite No
1 —East Coast Highway, 92660
A-
----------
7
# Units (if Residential)
Tenant Name(if Applicable) alifornia Recreation Co. (The Irvine Co.)
lc� __ __-, - ____ __ - � __ _.. � --- ---- ----- i - -----
2. Description of Work I
Use
lCommercial Marina
[DeTo 132 -slip marina; 34,000 CY maintenance dredging; Build 105 -slip marina (see attached)
Valuation $ 3,000,000
Add/Reconstru
Exist House SF Demo House SF ct House SF
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF # Stories
F777 F7
TOTAL HOUSE SF
Cu Yd Cut
X! New — - 'T;l -m ��7
Add F _. After _,iliig, F4
TOTAL GARAGE SF Cu Yd Fill
box tor
3. Owner's Name Last Sinks 1 First reg
Owner's Address Owners E-mail Address
7505 Irvine Center Drive
- — - --------- ------ --- ____ — - - ---------- ecompany.com
City State Zip [K618 Telephone Fj�-72�0-231 1
4. Arch itectIDes ig n er's Name Last iMassabki First [Fred
; Lic. No.
Arch itect/Desig ner's Address ArchitectlDesigner's E-mail Address
,venue, Ste. 100 ibki@URSCorp.com
city ton Beach State Zip L9?649
Telephon+TL4-895- 072
First Randy Lic. No.
Fx— Last [I�bson
5. Engineer's Name
[C306617
Engineers Address Engineers E-mail Address
5772 Bolsa Avenue, Ste. 100
)n@URSCorp.com
State
city )ach Zip Telephone 14-895-2072
L5;�,16. Contractor's Name Last[NNo(�gel First [Eri Lic. No. Class F
___7
Contractors Address
1205 Business Park Drive
city ixon
State
Contractors E-mail Address
el@bellingham-marine.com
95620 Telephone 7-693-2444
IOFFICE USE ONLY ENERGY P/C FEE $ IU 2490Y
_, PERMIT NO.
GRADING P/C FEE'tPr"VN
Rev 1118107 ELEC/MECH/PLUM P/C
PLAN CHECK NO.
PLAN CHECK FEE $
0 (.,1 2-- 2 -VD �'
Fq2- �. 99-_
Dredging & Dock Redevelopment
The Balboa Marina basin and channel has received federal (Army Permit #SPL-2007-
00372-FBV) and state (Federal Consistency Certification #CC -001-08) approval to
perform routine maintenance dredging and transportation of 34,000 CY of material to the
LA -3 ocean disposal site. The resulting design depth shall range from -8 feet MLLW to
-10 feet MLLW plus an additional I foot of permitted overdredge. The mudline at the
seawall shall be -4 feet MLLW or higher to meet the structural requirements set forth in
Plan Check No. 2008-0154.
As part of the Coastal Development Permit (CDP) #5-07-24 1, 11 -foot long steel sheet
piles will be driven into bay bottom to a tip elevation of - 14 feet MLLW and a top of pile
elevation of -3 feet NfLLW. The sheet pile wall is designed to enclose an area for an
eelgrass mitigation habitat. The sheet pile wall shall be sealed and cinched to the
concrete seawall using anchor plates and shall remain submerged during tidal
fluctuations. The area behind the wall constituting the eelgrass mitigation area will be
filled with 320 CY of clean river -run sand to design elevation and will be preloaded with
additional 400 CY of clean river -run sand. Any preload sand above the design elevation
shall be removed at the end of construction (approximately 9 months from time of
placement). Coastal Resource Management shall plant eelgrass within the eelgrass
mitigation area.
A new marina consisting of a 20,931 square foot (SF) concrete floating dock with 105
slips ranging between 22 and 58 feet in length including 64 concrete piles, 4 gangways,
new lighting, dock boxes, power centers, domestic and fire water systems, a pump -out
and sanitary sewer system, and communication connections will be constructed to replace
the existing 27,643 SF concrete floating dock built in 1964 which has reached the end of
its useful life and is susceptible to complete loss in a storm event. The existing marina
with its 132 slips ranging between 25 and 55 feet in length including 3 gangways, 67
guide piles, and all its appurtenances shall be removed.
The marina shall be situated between the bulkhead and pierhead lines. As part of the
California CDP application process, an Approval -in -Concept was obtained from the City
of Newport Beach Harbor Resources Department.
As stated in the CDP #5-07-241:
Boats currently docked at Balboa Marina will be displaced during
demolition, dredge and construction activities. Prior to construction,
lessees will be offered vacant slips in other marinas also owned by the
applicant in Newport Harbor or will be offered re -location assistance.
ADA Compliance
Two (2) of the.four (4) gangways shall be ADA -compliant and seven (7) of the slips shall
be ADA -compliant.
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Walters, Lisa
From: Miller, Chris
Sent: Tuesday, July 15, 2008 4:37 PM
To: Walters, Lisa
Subject: FW: Ref Copy of Balboa Marina AIC
Attachments: Approved - 8x1 1.pdf
Lisa,
Attached are the demo plans for the Balboa Marina that I signed last week. I've saved them electronically, but
could you please print and stick in the file, then update the spreadsheet etc ... ?
Thanks,
Chris
From: Randy—Mason@URSCorp.com [mailto:Randy_Mason@URSCorp.com]
Sent: Sunday, July 13, 2008 11:16 AM
To: Miller, Chris
Cc: Fred—Massabki@URSCorp.com
Subject: Ref Copy of Balboa Marina AIC
(See attachedfile: Approved - 8x]l.pdfi
cluis,
For your records.
Randy
This e-mail and any attachments are confidential. Ifyou receive this message in error or are not the intended recipient,
you should not retain, distribute, disclose or use any of this information and you should destroy the e-mail and any
attachments or copies.
I
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034/Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for
permit application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Replace existing 132 slip, 27,550
square foot dock with a 20,483 dock to accommodate 102 slips ranging from 22 to 58
feet in length. The reconstruction includes installation of new lighting, utilities, pump -out
station, and fire fighting facilities and dredging. The design also incorporates
accommodation for on-site mitigation of impacts to eelgrass associated with the
reconstruction.
Property Address: 201 E Coast Highway, Newport Beach, CA
Legal Description:
Harbor Permit Number: 132-201
Applicant: The Irvine Company
Applicant's Mailing Address: 550 Newport Center Drive, Newport Beach, CA, 92660
Phone Number: (949) 720-2000
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered in
the application.
And find
They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property
or the design of a project located thereon, this approval in concept shall become null
and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act of 1970, and state and
local guidelines adopted thereunder, this development:
* Has been determined to be ministerial or categorically exempt.
X Has received a final Exemption Declaration or final Mitigated 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
building permit have been given an ' d are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change in it is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager of Harbor Resource- Department
Signature: .2
Print Name/Title
Date:
Attachments:
—Tom Rossmiller-
-February 14, 2007�
1. IVIND
2. Response to Comments
3. Decision and Findings Document
BE' ffi- TO 11 1%01 L.Pullull lu %puilliwo rermil Application
Please print 3 copies City of Newport Beach - Building Department
fX—,Building F Grading FDrainage [7 Elec Mec
1. Project Address (Not mailing address) IT& WAMV L/I V,
201 East Coast Highway, Newport Beach, CA 92660
F TB�Or
Tenant Name(if Applicable)I-Balboa Marina
2. Description of Work
Balboa Marina Seawall Repair (SEE ATTACHED SHE Use F
ET)
Exist House SF Demo House SF Valuation $ F8O0,000
Add/Reconstruct House SF
. . ... .. .......
Exist Gar SF Demo Garage SF F Add/Reconstruct Garage SF # Stories
TOTAL HOUSE SF
New Add Alter I—Demo Cu Yd Cut
................
TOTAL GARAGE SF
F7777 Cu Yd Fill
Check Appropriate Box for Armlicant
O"A Architec Last IV V, k__� 6 4��K Lic. No.
A-)
... ...... ..
Ochitect/Designer's Address
Architect/Designer's E-mail Address
Iv— ZL
city
.. . . ...... State elephone
zip L 5o2457
Fx—.. 5. Engineer's Name Last Massabki First
Lic. No. C70423
Engineer's Address Engineer's E-mail Address F
1URS Corp. - 5772 Bolsa Ave., Suite 100
Fred — Massabki@urscorp.com
CitY lHuntington Beach State Zip [9264 Telephone F714-895-2072
[7 6. Contractor's Name Last
Contractor's Address CITY OF NEWPORf-'r CP Lic. No. F.- Class
I A R1 n Contractor's E-mail Address
20
.. .... .. ....
city . ..... . State F Zip Telephone
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Rev 1118107 ELEC/MECH/PLUM P/C
PERMIT NO.
PLAN CHECK NO
PLAN CHECK FEE $
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I
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
lGeneral Description of Proposed Development: Seawall Repair.
lEarth anchor installation. I
jProperty Address: 201 E. Coast Highway
Legal Description:
lHarbor Permit Number: RP13202011
Man Check Number:
lApplicant: The Irvine Company I
Applicant's Mailing Address: URS Cash & Associates
5772 Bolsa.Ave., Ste. 100, Huntington -Beach, -CA 92649
Phone Number: (714) 895-2072
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—
I The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
A They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
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.
0 Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
January 31, 2008
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
Worksheet for Building Combo Permit Application
Em "1 90 �� City of Newport Beach - Building Department
Please print 3 copies (9
r—.Building [57�,i Grading X-Orainage Elec r7i., Mech P I u m
1. Project Address (Not mailing address) Floor Suite No
F201 Ea7stCoast Highway, 92660
# Units (if Residential)
Tenant Name(if Applicable)
lCalifornia Recreation Co. (The Irvine Co.)
2. Description of Work
Use Comm. Marina Pkg. Lot
work, storm drainage upgrades and parking lot improvements (se,_ oxcoea)
Valuat [500,000
ion $
Exist House SF Demo House SF I Add/Reconstruct House SF
# Stories
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF
TOTAL HOUSE SF
N e w F i Cu Yd Cut
F7 Add F7. Alter [KIDemo
TOTAL GARAGE SF Cu Yd Fill F71
-neCK Appropriate box Tor Applicant
3. Owner's Name Last First reg
Owner's Address Owner's E-mail Address
[TE05 Irvine Center Drive gsinks@irvinecompany.com
S
C, rvine tate �A zip Telephone F49-720-2�1 1
4. Arch itect/Designer's Name Last[�assabki I First [F7"e Lic. No- [C70423
Architect/Designer's Address Architect/Designers E-mail Address
E772 Bolsa Avenue, Ste. 100
ibki@URSCorp.com
Telephone
city State
_Runtington Beach Zip �6 �9
5. Engineer's Name Last [Mason First FR7ad7y ic. No. C30661
L
Engineers Address Engineer's E-mail Address
IFT2 Bolsa Avenue, Ste. 100 [��dy�ason@?!SCorp.com
city )ach State A zip 92649 Telephone F71 4-895-2072
E; 6. Contractor's Name Last
Contractors Address
city State -J
---- - ---------
First Lic. No. Class
s E-mail Address
Telephone
OFFICE USE ONLY ENERGY P/C FEE $ 003-) PERMITNO.
GRADING P/C FEE $
Rev 1178107 ELEC/MECH/PLUM P/C
PLAN CHECK NO.
PLAN CHECK FEE $
,Landside Development
Improvements will be done to the utility systems, parking spaces, and other areas of the
Balboa Marina parking lot. Demolition of some existing facilities will be done as part of
these improvements.
The existing guardrail along the seawall, the trash enclosure near the seawall, the stairs
and planters at the building at 201 East Coast Highway, and the 3 gangway platforms and
piles will be removed. The gangway piles may be removed by the dock and/or dredging
contractor under a separate permit. Approximately 11,000 SF of AC pavement, 1,500 SF
of paving stones, and associated striping will be demolished. The wheel stops will be
salvaged for re -use. Additional items to be salvaged include the existing domestic water
serving the docks, if found in good condition, and the DDCVs. Approximately 280 feet
of an existing 4 -inch diameter cast iron sewer force main that is no longer in operation
will be removed and its ends will be capped.
The parking lot area that is demolished will be re -graded to better direct the storm water
flow to a new Zurn trench (storm) drain system along the seawall. The trench drain
system will include REM Triton TT3 filters to remove hydrocarbons, silt, and other
pollutants before discharging storm water runoff to the Bay. The trash enclosure will be
rebuilt approximately 75 feet away from the seawall. A new sewer force main which is
part of the dock pump -out system will be installed with connection to an OCSD manhole
on the property. Other new utilities include a fire water main and cable TV conduits as
well as extensions to the domestic water, electrical, and telephone systems. Construction
of these systems includes all sawcutting, trenching, pipe/conduit bedding, backfill,
compaction, repaving, and installation of pull boxes and various appurtenances.
Additional items include new guardrails along the seawall, new gates for the gangways,
and concrete curbs.
Two (2) new concrete gangway platforms will be cantilevered over the seawall with four
(4) piles supporting each platform on the landside. No piles for the platforms will be in
the water. New concrete sidewalks and ramps will lead from the gangway platforms to
the adjacent parking lot.
ADA Compliance
As part of this design, four (4) ADA parking stalls will replace the one (1) existing stall.
Two (2) ADA -compliant ramps will be built, one next to each gangway platform, to
facilitate access between the gangway platform and the parking as well as the restroom
facilities in the building at 201 East Coast Highway.
N
ARNOLD SCHWARZENEGGER, 6ovemor
OURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 6
200 Oceangate, Suite 1000 Date: June 1.0, 2008
Long Beach, CA 90802-4302
(562) 590-5071 Permit No: 5-07-241
COASTAL DEVELOPMENT PERMIT
On 7 May 2008, the California Coastal Commission " granted to The Irvine
Company, Attn: Dean Kirk Coastal Development Permit 5-07-241, subject to the
attached Standa.rd and Special Conditions, for development consisting of:
Demolition of an existing 132 slip, 27,643 sq ft. marina and re -construction of a
new 105. -slip, 20,931 sq. ft. marina including a reduction from 67 to 64 concrete
guide piles, new lighting, water supply lines, communication hook ups, pump -out
facility and fire fighting facilities. Construction of a 7,800 sq. ft. eelgrass habitat
as- mitigation for diirect and,potential eelg rass�- impacts. due to dredging activities
associated with the project. Improvements to existing seawall also . proposed.
More specifically described in the application file in the Commission offices --
The development is with ' in the coastal zone in.Orange County at 201 E Coast
Highway, Newport Beach.
Issued on behalf of the Cal.ifornia Coastal Commission on June 10, 2008.
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By:
Title��C�oastal P�o in Analy�t
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
Tne, . undersigned pormittee acknowledges that Government Code Section. 8'18.4 which
states in pertinent part, that: "A public entity is not liable for injury caused by the
issuance ... of any permit . . . " applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Al.
Date Signature of Permittee
Gffiue- .at - the. ab.ove
b copy of this form to the Commis i -
/I.Ln. 15
COASTAL DEVELOPMENT PERMIT
No. 5-07-241
Page 2 of 6
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and '
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has notcomme ' nced., the permit will expire two
years fr6m the date on which the Commission voted on the application.
Development shall be pursued in a diligent.manner and.completed in a
-reasonable -period of time. Appliccation.-for extension of the permitmust be,
made prior to the expiration date.
3. Inteipretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4� Assignment. The permit may.be assigned'to any qualified person, provided
astignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Tetins and Conditions Run with the Land. Thes.e terms and conditions shall
be perpetual, and it is the intention o.f the- Commission and the permitt0e to
bind all future owners and possessors of the subject property to the terms
arid conditions.
SPECIAL CONDITIONS:
CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL
The permittee shall comply with the following dredging and construction -related
requirements:
(a) No construction materials.?. equipment, debris, or waste shall be
-placed or stored where it may be subject to wave/wind erosion and
dispersion;
(b) Any and all debris resulting from construction activities shall be
removed from the site within 10 days of completion of construction;
(c) Machinery or construction mate ' rials not essential for project
improvements"shall not be allowed at any time in the intertidal zone;
COASTAL DEVELOPMENT PERMIT
No. 5-07-241
Page 3 of 6
(d) Sand from the beach, cobbles, or shoreline rocks shall not be used
for construction material;
(e) If turbid conditions -are generated during construction; a silt curtain
shall be utilized to control turbidity;
Floating booms shall be used to contain debris discharged into
coastal waters and any debris discharged shall be removed as soon
as possible but no later than the end of each day;
(g) Divers shall recover non -buoyant debris discharged into coastal
waters as soon as possible after loss.
2. LOCATION OF DEBRIS DISPOSAL SITE
PRIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the
applicant shall identify in writing, for the review and approval'of the Executive
Director, the location of the disposal site of the construction debris resulting from
the' proposed project. Disposal shall occur. at the approved disposalsite. Ifthe
disposal.site is located in the coastal -zone, a coastal,, development permit or an
am endment to this'permit shall be required -before. di.sposa.l: can take place.
3. REV.1SEDFINALL PLANS
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit revised plans to the Executive Director for review and
approval. The revised plans shall show the following changes to the project:
(a) The site map shall depict the location of the proposed marina pump -out
station, and shall include any other updated information.
(b) The plans shall depict the location of existing. piles to be removed and the
location of the proposed new piles.
B. The revised plans shall, prior -to submittal to the Executive Director, be reviewed
and certified by a qualified professional to ensure that they are. consistent with
the Commission's approval.
C. The permittee shall undertake development in accordance with the approval final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is legally required.
COASTAL DEVELOPMENT PERMIT
No. 5-07-241
Page 4 of 6
4. WATER QUALITY MANAGEMENT PLAN (WQMP)
A. Prior to issuance of the coastal development permit, the permittee -shall submit for
the review and approval of the Executive Director, two (2) copies of a Final Water
Quality Management Plan (WQMP) for the post -construction project site, prepared
by a licensed water quality professional, and shall include plans, descriptions, and
supporting calculation's. The WQMP shall be in substantial conformance with the
Water QLMlity Management Plan (WQMP) for Balboa Marina prepared by Stantec
dated June 5, 2007. In addition to the specifications above, the plan shall be. in
substantial conformance with the following requirements:
1. Structural BMPs, Non -Structural BMPs, Treatment Control BMPs and Marina
Management Measures shall be -included in the -final WQMP'Q. These BMPs
shall be equivalent to- or more protective than those discussed in the WQMP
dated June 5, 2007.
2. The site mapshall depict the location'of the proposed marina pump -out station,
and shall include any other updated information, including the location of B.MPs.
B. -The �ermftee shall undertake development in accordance with the approved final
plans. Any proposed'changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
5. MARINA WATER QUALITY BEST MANAGEMENT PRACTICES PROGRAM
By acceptance of this permit the applicant agrees that the long-term water -borne
berthing of boat(s) in the approved docks and/or boat slips will be mana 'ged in a
manner th . at protects water quality pursuant to the implementation of the
following BMPs.
(1) Boat Cleaning and. Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minim.ize the
discharge of soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs underwater
that results in the removal of paint from boat hulls shall be
prohibited. Only detergents and cleaning components that are
designated by the manufacturer as phosphate -free and
biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of d ' etergent's and boat
cleaning and maintenance products containing ammonia, sodium
hypochlorite, chlorinated solvents, petroleum distillates or lye.
COASTAL DEVELOPMENT PERMIT
No. 5-07-241
Page 5 of 6
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water,
absorbent materials, oily rags, lead acid batteries, anti -freeze,
waste diesel, kerosene and mineral spirits will be disposed of in a
proper manner and will not at any time be disposed of in the water
or gutter.
(3) Petroleum Control Management Measures:
a. Boaters will practice ' preventive eng!De majnte-naT,,ce and.will uso oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least
once a year and replaced as necessary. Used oil absorbents are
hazardous waste in California. Used oil absorbents must therefore
be dispose - d in accordance with hazardous waste disposal
regulations. The boaters will regularly inspect and maintain
engines, seals, gaskets, lines and hoses in order to prevent oil and
fuel spills. The use of soaps that can be discharged by bilge
pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of
engine fuels, lubricants or other liquid materials), the boaters will
use a bilge pump -out facility or steam cleaning services that
recover and properly dispose or -recycle all contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used
for'bilge cleaning since they may be discharged to surface waters
by the bilge pumps.
BIOLOGICAL MONITORING
An appropriately trained biologist shall monitor the proposed development for
disturbance to sensitive species or habitat area. During the California " Least Tern
nesting season April I—September 30th, daily monitoring shall occur during
dredging and other construction activities that could result in disturbances to the
California Least Tern. -Based on field observations, the biologist shall advise the
applicant regarding methods to minimize or avoid significant impacts, which
could occur upon sensitive species or habitat areas. The biological monitor shall
halt all work should dredging and other construction activities result in
disturbances to the California Least Tern. However, after consultation with the
Department of Fish and Game and the Executive Director, the applicant may
resume construction during the California Least Tern nesting season upon
obtaining a written statement from the Executive Director authorizing. construction
COASTAL DEVELOPMENT PERMIT
No. 5-07-241
Page 6 of 6
on specified dates. To obtain such a determination, the permittee must submit a
declaration from the Department of Fish and Game stating that construction on
the specific dates proposed will not cause adverse impacts to any sensitive or
endangered species. The ' declaration shall be subject to the review and approval
of the Executive Director. The dqclaration must contain an assessment of the
breeding and nesting activities of California Least Tern found in the area and a
statement that the construction activity on the specific dates proposed will not
interfere with the breeding and nesting activities of the California Least Tern.
G:NPERMITS\2007 permits\5-07-241 the irvine company permit.doc
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
W23c &
ADDENDUM W24a
May 5, 2008
TO- Coastal Commissioners and Interested Parties
FROM: South Coast District Staff
SUBJECT: ADDENDUM TO ITEM W23c and W24a, COASTAL COMMISSION
PERMIT APPLICATION #5-07-241(The Irvine Co.) and Federal
Consistency Certification #CC -001-08 (The Irvine Co.) FOR THE
COMMISSION MEETING OF May, 2008.
#1 Revisions to Staff Report
Commission staff recommends the following changes to the staff report to reflect a
change in the project description related to the proposed creation of an on-site eelgrass
mitigation area. Originally the applicant proposed the use of plastic sheet piles for the
creation of the eelgrass habitat area. The applicant modified the project description on
May 5, 2008 switching the proposed material of the sheet piles from plastic to steel.
Staff agrees with the applicant that metal sheet piles would be preferable over plastic to
avoid possible impacts related to the use of plastics in the marine environment. No
toxic coating is proposed on the steel piles.
Staff also recommends the addition of new language to the report findings in Section C:
Public Access and Recreation identifying the existing marina slip configuration to
provide a comparison with the proposed marina slip configuration.
Deleted language is shown in StFikethrough and new language is in bold, underlined
italic.
On the bottom of page 9 of the staff report, modify as follows:
The applicant proposed construction of an on-site eelgrass habitat as mitigation for
project eelgrass impacts as required by other agencies. However, the construction of
the eelgrass habitat restoration requires a coastal development pertnit and is therefore
included in the project description. To achieve required mitigation site conditions, the
applicant proposes to install plasti steel sheet piles between the bulkhead and marina
docks and re -use excavated dredged material as backfill to create a submerged plateau
as an eelgrass transplant area. The proposed work in this area is to construct a
submerged retaining plastir. steel sheet pile wall buttress. The buttress would be
submerged into the soft bottom and raise to a crest elevation of approximately —2 feet
AddendOm to CDP CC. 00, -08 fli-vine Co)
Page; 2
MLLW. The stoel sheet piles will not require any soecial anti -corrosion coating a
the enti;7e sheet piles will be below the tidal zone (i.e., either submerged in the
muddy sediments or always covered by water) and therefore is not exposed
the air or subLect to other normal corrosion factors. Behind the buttress, dredged
materials would be deposited from the marina dredging activities to bring the elevation
of a submerged plateau up to approximately —3 MLLW at the bulkhead and ramping out
to —3.5 MLLW at the sheet pile where the terrain would slope off at a 2:1 natural slope
to the design depths of -10 MLLW on the north side of the marina and -8 MLLW on the
east side of the marina (Exhibit 2, page 5 of 5).
On the bottom of page 13 of the staff report, modify as follows:
The use of this area for habitat enhancement is a pilot study in the Newport Beach
area. It is unusual to mitigate for habitat impacts by converting one habitat (open water)
to another (eelgrass). Additionally, both the Commission staff biologist and NMFS staff
expressed concerns over the proposed use of plastiG steel sheet piles compared to the
use of a rock revetment for the construction of the on-site mitigation area. Concerns
expressed related to the reduced water circulation behind the docks, the use of plastic
steel sheet piles submerged on soft bottom marine soils not allowing for the exchange
of gases and nutrients and that areas located between docks and bulkheads may
provide a marginal environment for eelgrass growth. ,
The applicant provided an eelgrass mitigation alternative analysis, including a hybrid
rock revetment/plastiG steel sheet pile alternative and a no coastal structure ' alternative.
The Commission's staff Resource Ecologist has reviewed the project and concluded
that in this particular case, although the restoration involves habitat conversion, the
relatively small area involved will limit significant impacts to the existing mud bottom
community and although from an ecological perspective, the use of a rock revetment is
the most desirable option, the rocks would take up a larger surface area than the plastic
sheet piles thereby minimizing the area available for eelgrass mitigation and would
potentially also minimize the area available for boat slips. The proposed use of plastir.
steel sheet piles for the construction of a plateau for the eelgrass mitigation site is the
only feasible alternative with no adverse affects that provides 7,800 sq. ft. of habitat
exceeding NMFS required 7,572.6 sq. ft. eelgrass mitigation area. The rock
revetment/plastiG steel sheet pile hybrid alternative would limit the eelgrass mitigation
area to 4,883.
On the top of page 16 of the staff report, modify as follows:
The exisggg marina has 132 boat slips, The new reconstructed marina will provide a slip
count range of 97-105 slips and comply with current with DBAW, ADA and City Harbor
Permit Policies but result in a total loss of up to 27 slips (i.e., 132-105= 27). The loss of
slips with the proposed marina reconstruction and reconfiguration due to compliance with
new standards is as, follows: two (2) slips lost due to ADA standards, sixteen (16) lost due to
DBAW standards and nine (9) slips lost due to the construction of an on-site eelgrass
mitigation requirement.
Addenduni to CDP 5-07-241 & CC 00.7-08 (livine Cco
pi�'(ge; 3
The existing marina slip con&yration is as follows:
601132 or 45.5% of slips for smaller vessels M-301 Ion
611132 or 46% of slip;§ for medium vessels 31'-381 Ion
11 slips of 9% of slips for larger vessels 40'— 56' Ion -g.
in this PartiGular Gase, the pFepes As proposed, the now slip . reconfiguration will provide:
a 38/105 or 36.2% of slips for smaller vessels 20'-30' long,
0 53/105 or 50.5% of slips for medium vessels 32'-38' long and
0 14/105 or 13.3% of slips accommodating larger vessels at 40'-58' long.
#2 Correspondence
Attached is a 1 7 -page package of briefing materials provided to the Commissioners
from Latham & Watkins LLP, agent on this project and two ex -parte
communications. The package includes descriptions of the project, project
benefits, marina slip mix, eelgrass mitigation, and least tern impacts mitigation.
Danlel P. Brunton
Direct Dial: 019-237-6910
donlef.brunton@hv.com
LATHAM&WATKINSLLP
April 28, 2008
SENT VIA FEDEX
Mary K. Shallenberger
California Coastal Commission
45 Fremont Street
Suite 2000
San Francisco, CA 94105
600 West amadway, Suite I Boo
San Diego, CaRforrila 92101-3375
Tel: +619.236.1234 Fax +610.696.7419
www.1w.corn
FIRM /AFFILIATE OFFICES
Barcdwa Now Jersey
Brussels
New Yft
Chicago
Northern Virginia
Franklfurt
Orange County
Hamburg
Paris
Hong Kong
San Diego
London
San Francim
Los Angeles
Shanghai
Madrid
Silicon Valley
Wen
6hgapore
Moscow
Tokyo
Munich
walihiraton, D.C.
Re No. 016709-0387
Re: Coastal Development Permit Application No. 5-07-241 (May 7,2008 agenda item
23(c)); Consistency Certification No. CC -001-08 (May 7,2008 agenda item
24(a))
Dear Commissioner Shallenberger:
. I have enclosed briefing materials for the above-refcrcnced Coastal Development Permit
application and consistency certification, which arc scheduled to be heard at the May 7, 2008
meeting of the California Coastal Commission.
Very truly yours,
Daniel P. Brunton
of LATHAM & WATKINS LLP
Enclosures
SD\629294.1
�A
LATHAM&WATKINSLLP
April 28,2008
VIA FEDERAL EXPRESS
Honorable Conimissioners
California Coastal Conunission
45 Fremont Street, Suite 2000
San Francisco, California 94105-2219
600 West aroad"Y' SUN 1"0
Son Dlego. Calffornle 92101-M75
Tot +I.Gig.238.1234 Fox +1.519.GM7419
WWW.1W.G0M
FIRM I AFFILIATE OFFICES
eamona NOW Jersey
Brussels
Now York
CNC64P
Nordwrn %Argiffis
Fro*furt
Orange County
Harnburg
Pam
F&V Kong
Son Diego
London
Son Frandsoo
Los kw*w
SNUOW
maft
SNIcon Vaby
"ion
"Pont
Moscow
Td�
h4unich
Wastington, D.C.
Re: Balboa Manna Dock ftlacernmL Coas-halDevelqgment Permit
A01ii—caagn No. 5-07-241 and Coflggge-nM Certificabon No. CC -001-08,
Agmda Items W23c & W24a
Dear Comraissioners:
We are writing on behalf of our client, The fivine Company, to support the Staff Report
recominendation for the above -referenced matter and to respectfully request that Commission
approve the Coastal Development Permit C'CDP') and concur with the Consistency
Certification. We appreciate StaWs hard work in analyzing the issues raised by the proposed
dock replacement project. The fi-vine Company has reviewed the StaffReport and agrees to the
conditions recommended by Staff We have one minor chuffication discussed in Exhibit A
attached hereto.
Enclosures
CC: Dan Miller
Greg Sinks
Rick Zbur
SM6282142
Respectfully submitted,
...............
Daniel Brunton
of LATHAM & WATKINS LLP
These materials have been forwarded to Commission Staff
Agenda Itenn W23e & W24&
Mm rob* CowodeskmM
AprI# 2$r 9000
Pqp 2
ExmBiTA
CLARMCATION TO STAFF REPORT
1. As described on page 9 of 18, first paragraph, the dredging depths will be — 8 to -10
feet NMLW "with an allowance for I feet over -dredge depth." All references to the
dredging depths in the staff report should reflect the 1 -foot allowance for over -dredge.
These materials have been forwarded to Commission Staff
SM629214.2 Agenda Item W23c & W24*
CDP Application No. A-3-SLO-06-017
Spring 2008 Briefing Materials
These materials are being supplied to the California Coastal Commission Staff.
SD' -.624566.2
Exhibit I - Project Vicinity Map
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Project Description
Project location and applicant. The project is located at 201 E.
Coast Highway in Newport Beach, California, The Irvine Company is
the project applicant.
Replacement of decaying dock at existing Balboa Marina.
Balboa Marina is a privately owned Marina in Newport Beach,
California. The existing dock (see Exhibit 2 — Existing Dock
Configuration, Exhibit 3 — Project Site 1 and Exhibit 4 — Project Site 2)
is 43 years old and reaching the end of its useful life. The proposed
project would replace the existing 132 slip, 27,550 ft2 dock with a new
105 slip, 20,931 ff dock (see Exhibit 5 — Proposed Site Plan). The
project will include limited dredging (approximately 34,000 cubic
yards) to restore the original channel and allow safe navigation and
vessel berthing.
Parking. The marina's demand for parking will decrease with the
project (from 99 to 79 based on the City's criteria), but the number of
parking spots is being maintained.
Dinghy tie-up. The project will add a dinghy tie-up to the marina, to
allow dinghy owners to tie up their boats while they dine at nearby
restaurants.
NM624566.2
Project Benefits
Project improves water quality. Even though no landside
structures are proposed, the project includes new 4" trench drains
along the oceanside perimeter of the existing parking lot to prevent
storm water runoff from discharging directly into the ocean. In
addition, the project will include a pump out system that will allow
boat owners to empty holding tanks for appropriate disposal of waste
water. This will reduce the potential unauthorized emptying of tanks
into the waters of the harbor.
Project makes boating accessible to the disabled. The project will
provide recreational boating facilities that meet the current California
Department of Boating and Waterway (CDBW) design criteria and the
Americans with Disabilities Act (ADA) access requirements.
Project preserves slips for small -boat owners. The project's slip
mix compares very favorably to other Commission -approved marina -
reconstruction projects. The percentage of slips of 25 feet and below
will remain virtually unchanged.
Project maximizes eelgrass. Based on the most recent 2007
survey, the project will only impact 399.4 ft2 of eelgrass. But it will be
providing 7,800 square feet of onsite potential eelgrass habitat at
prime growing depths.
Project improves coastal access. The project includes new dinghy
tie-ups, allowing owners of these small craft to tie up their boats while
they dine at restaurants adjacent to the marina.
SM6145 M.2
Slip Mix
New design criteria cause the reduction in slips. The existing
marina has 132 slips ranging in length from 25 to 58 feet. The
proposed project will accommodate 105 slips ranging in length from
20 to 58 feet. The reduction in the total number of slips is due to the
new regulatory design criteria of CDBW (approximately 16 slips lost),
access requirements of the ADA (approximately 2 slips lost), and
onsite eelgrass mitigation (approximately 9 slips lost).
Slips for small boats are preserved. The l5roportion of small slips
25 feet and under will be virtually identical before and after the project
(within 1%), and average slip length will be virtually identical (32,11'
before project and 32.65'after). Although new design requirements
are causing a reduction of 27 slips, 14 of 18 existing slips 25 feet and
under will be preserved. This keeps the slip mix at approximately
13% slips 25 feet and under.
The slip mix compares favorably to Commission precedent.
Because of new design criteria, most marina reconstruction projects
lose slips. But this project compares very favorably to recent
Commission approvals in the amount of small slips it preserves.
• Balboa Marina: slips 25 feet and smaller remain essentially
constant at roughly 13%.
• Portofino (01/06):s.lips 25 feet and smaller reduced from 28%
of marina to 5%.
• Marina Two (10/01): slips 25 feet and smaller reduced from
36% of marina to 26%.
• Marina Pacific (10/01): slips 25 feet and smaller reduced from
55% of marina to 43%.
• Vintage Marina (05/06): marina went from 249 slips 30 feet and
under to 105 slips 32 feet and under.
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Eelgrass impacts are minimal. The most recent 2007 survey
identified 399.4 ft' of eelgrass that will be impacted by the project.
(See Exhibit 6 — Location of Eelgrass)
The project fully mitigates impacts onsite. The project will result
in 7,800 square feet of potential eelgrass habitat at prime growing
depths. Other projects that have attempted offsite eelgrass mitigation
in Newport Bay have had limited success. The project avoids the
problems with offsite mitigation by providing 100% onsite mitigation.
National Marine Fisheries endorsed. The design of the mitigation
area has been approved by National Marine Fisheries as the
preferred design for eelgrass and fish habitat. (See Exhibit 5 —
Proposed Site Plan)
SMC,24�66-2
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Project does not impact Least Terns. The nearest nesting sites
are in the Upper Newport Bay Ecological Reserve, approximately 3
miles away from the project (see Exhibit 7). Least Terns typically
forage within two miles of their colony sites. No impact is anticipated
on the species at any time of the year, including nesting season, due
to the distance from the nesting area.
Project will implement additional protections. Although the
project will not impact Least Terns, it includes measures to protect
the species. A qualified biologist will monitor and record the
numbers, behavior, and foraging capacity of California Least Terns
during key project activities. Monitoring reports shall be submitted to
the wildlife agencies at an interval and in detail as the agencies
deem appropriate. In the event that the on-site activities are
determined by the on-site biologist, USFWS, or CDFG to be
detrimental to the California Least Tern, all activities shall cease until
the issue is resolved.
Army Corps determined the project will not effect Least Terns.
The Corps determined that the project would have no effect on the
California Least Tern. Coordination with USFWS and CIDFG relative
to a monitoring program will occur prior to and during construction.
SIMO_4566�2
7;
Water Quality
9 The project enhances water quality. The project includes features
that should enhance water quality. Even including new 4" trench
drains along the oceanside perimeter of the existing parking lot to
prevent storm water runoff from discharging directly into the ocean
and a vessel pump out system.
The WOMP will require additional BIVIPs. The project includes a
Water Quality Management Plan (WQMP). The WOMP details Best
Management Practices to prevent adverse impacts to the water
quality in the marina and is intended to comply with Section 401
Water Quality Certification as well as City standards.
Resource Agency Coordination
Army Corps of Engineers. Clean Water Act Section 404 Permit —
Permit application was submitted on October 25, 2007. The ACOE
Public Notice comment period was from December 20, 2007 through
January 18, 2008. Two comment letters were received — FEMA
Floodplain Management and Insurance Branch and Linda Isle
Homeowner Association.
California Regional Water Quality Control Board. Clean Water
Act Section 401 Water Quality Certification — Application submifted
October 26, 2007. Certification issued January 4, 2008.
Sf)%624566.2
P L 7, LVV0 �: iorivi INO. DL I
FROM LATHM & WATKINS LA 2t3-891-8763 #2 (TUE) 4. 29' 08 12:49/ST. 12;48/NO. 486188036'0 P 5
Chainnan Kruer
FORM FOR DISCLOSURE OF API? 2
EX PARTE COMMUNICATIONS QDW cktpo' 2008
C
0,
Name or description of project, LPC, etc: Balboa Marina Dock Repiacernftl
CDP A-3-SLO-05-D 17 Agenda Item
W23c and W -24s
Date and time of receipt of communication; Arorll-29. 2008: 11:30 a.m.
Location of communication: La Jolla, CA
7ype of communication (letter, facsimile, etc.): 1�gtjgAce meeffia: Commissioner
Pat Kruer was pre§ent
Person(s) initiating communication: Dan Miller, The Irvine Co., Applicants
Susan McCabe, McCabe & Company
Rick Zbur, Latham& Watkins
Detallod substan4ve description of content of communIcafton:
(Attach a copy of the complete text of any wrftn material received.)
Applicantgave me an overview of the project indicating they support the staff
recommendation, They oovered the information in the briefing matedals previous)y
provided to the Coastal Commission staff.
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Detailed substantive description of the content of communicadon:
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The Irvine Company is in agreement with the staff recommendation of approval with
conditionz of a D-mmit io =vonstmA the bzzi zBps -"t ft Bzlboz Mwim in
Beach- The project will retain the same raio of boat slip sizes as the existing marina.
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Date:
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STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
W23c
W24a
Filed:
February 29 2008
49th Day:
April 18, 2068
180th Day:
August 27, 2008
Staff:
Liliana Roman -LB
Staff Report:
April 17, 2008
Hearing Date:
May 7-9, 2008
Commission Action:
STAFF REPORT AND RECOMMENDATION ON
COMBINED COASTAL DEVELOPMENT PERMIT APPLICATION
AND CONSISTENCY CERTIFICATION
COASTAL DEVELOPMENT PERMIT
APPLICATION NO: 5-07-241
FEDERAL CONSISTENCY NO: CC -001 -08
APPLICANT: The Irvine Company
AGENTS: CAA Planning
PROJECT DESCRIPTION: Consistency Certification CC -001-08: Transport and off -shore
disposal of up to 34,000 cubic yards of dredge material from
Balboa Marina and adjacent navigational channel dredged to
design depths of -8 feet to -10 feet below mean lower low
water level (M LLV\I) with off -shore disposal at LA -3.
Coastal Development Permit 5-07-241: Demolition of an
existing 132 slip, 27,643 sq ft. marina and re -construction of
a new 105 slip, 20,931 sq. ft. marina including a reduction
from 67 to 64 concrete guide piles, new lighting, water supply
lines, communication hook ups, pump -out facility and fire
fighting facilities. Construction of a 7,800 sq. ft. eelgrass
habitat as mitigation for direct and potential eelgrass i mpacts
due to dredging activities associated with the project.
Improvements to existing seawall also proposed.
PROJECT LOCATION: Balboa Marina, 201 E. Coast Hwy, City of Newport Beach,
Orange County
Offshore Disposal: at EPA approved disposal site known as
LA -3 located approximately 4 miles southwest of the entrance
to Newport Harbor, Orange County
LOCAL APPROVALS RECEIVED: Harbor Resources Division Approval in Concept dated
10/24/07; Harbor Resources Division Approval in Concept for Seawall Repair, Earth Anchor
Installation dated 1/31/08; and City of Newport Beach approved Mitigated Negative
Declaration for Balboa Marina Dock Replacement #2171-2004, dated 1 /3/07.
OTHER AGENCY APPROVALS RECEIVED: U.S. Army Corps of Engineers; Regional Water
Quality Control Board 401 Water Quality Certification and US EPA Suitability Determination
for Balboa Marina Sediments dated 11/27/07
5-07-241 (Irvine Company) and CC -001 -08
Page 2 of 18
SUBSTANTIVE FILE DOCUMENTS: Dredge Material Evaluation for the Balboa Marina Dock
Replacement Project prepared by Newfields Northwest, dated 11/07; Water Quality
Management Plan for Balboa Marina prepared by Stantec dated 6/5/07; and Eelgrass
Mitigation Alternatives received 2/29/08; Eelgrass Field Survey , letter dated 1/14/08 from
Coastal Resources Management, Re: Proposed Balboa Marina Eelgrass Mitigation Site
Evaluation; Impact Assessment and Mitigation Plan for the Balboa Marina Dock
Replacement Project prepared by Coastal Resources Management Inc, dated 6/18/07 and
revised 7/20/07, Comments from National Marine Fisheries Service dated 3/18/08.
Memorandum: Potential Effects of Maintenance Dredging and Dock Replacement within
Newport Bay on the California Least Tern prepared by Glenn Lukos Associates dated
1/15/08; letter dated 9/23/02 from California State Lands Commission (CSLC) determining
Balboa Marina not subject to the public easement in navigable waters.
PROCEDURAL STAFF NOTE:
A coastal development permit is required for the project pursuant to Section 13252(a) (2) because
it involves development that is not exempt (i.e., marina reconstruction, seawall repair, habitat
restoration). A consistency certification is required for disposal of dredge materials at the LA -3
site because it is a federally permitted activity including transportation of material through the
coastal zone.
To facilitate Commission review of these items, both the coastal development permit application
and the consistency certification will be heard at the same time. Commission staff recommends
approval of the coastal development permit application and concurrence with the consistency
certification.
SUMMARY OF STAFF RECOMMENDATION:
1 . Coastal Develoi)ment Permit Application: Staff is recommending approval of the proposed
project with special conditions regarding; 1) construction responsibilit ies and debris removal; 2)
location of disposal site; 3) revised final plans; 4) final Water Quality Management Plan; 5) Marina
Best Management Practices; and 6) Biological Monitoring. The primary issues associated with this
development are recreation and water quality.
2. Consistency Certification: The project includes a consistency certification for the disposal of
approximately 34,000 cubic yards of sediment at LA -3, an EPA designated ocean disposal site
located five miles southwest of Newport Beach, Orange County. This consistency certification is
needed to authorize the disposal of the dredged material beyond the three mile limit of state
waters.
The Commission has previously authorized other dredge disposal projects at this location. The
proposed project is the least environmentally damaging alternative with mitigation and will not have
significant impacts to marine resources. The dredge materials proposed for off -shore disposal is
not suitable for beach replenishment due to the fine sediment. The proposed project will result in
temporary impacts to benthic organisms and a temporary increase in water turbidity. Sediment
chemistry data indicate generally low levels of contaminants, solid phase bioassay test results
suggest low potential for toxic effects and bioaccurn ulation test results show low potential for
5-07-241 (1 rvine Company) and CC -001 -08
Page 3 of 18
chronic effects. The dredge material is considered suitable for ocean disposal and will not impact
water quality or marine resources in or around LA -3 or in the coastal z one. The EPA has
confirmed the materials suitable for disposal at LA -3. The applicant proposes to comply with best
management practices fro dredging activities. Therefore, the project is consistent with the
dredging, water quality, marine resources and sand supp ly policies of the Coastal Act (Sections
30230, 30231 and 30233). The proj ect will have no negative effects on commercial or recreational
boating or fishing in the area. Therefore, the project is consistent with the recreational and boating
policies of the Coastal Act (Sections 30234, 30234.5, 302 20 and 30224).
A. STAFF RECOMMENDATION, MOTION AND RESOLUTION OF APPROVAL OF COASTAL
DEVELOPMENT PERMIT
Staff recommends that the Commission make the following motion and adopt the following
resolution to APPROVE the permit application with special conditions.
MOTION
/ move that the Commission approve Coastal D evelopmen t Permit No. 5-07- 241 pursuant
to the staff recommendation.
Staff recommends a YES vote. Passage of this motion will result in approval of the permit as
conditioned and adoption of the following resolution and findings. The motion passes only by
affirmative vote of a majority of the Commissioners present.
RESOLUTION OF APPROVAL WITH CONDITIONS
The Commission hereby approves a coastal development permit for the proposed development
and adopts the findings set forth below on grounds that the development as conditioned will be in
conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the
local government having jurisdiction over the area to prepare a Local Coastal P rogram conforming
to the provisions of Chapter 3. Approval of the permit complies with the California Environmental
Quality Act because either 1 ) feasible mitigation measures and/or alternatives have been
incorporated to substantially lessen any significant adverse effects of the development on the
environment, or 2) there are no further feasible mitigation measures or alternatives that would
substantially lessen any significant adverse impacts of the development on the environment.
B. STAFF RECOMMENDATION, MOTION AND RESOLUTION OF APPROVAL OF
CONSISTENCY CERTIFICATION
Staff recommends that the Commission make the following motion and adopt the following
resolution to CONCUR with the consistency certification.
MOTION
5-07-241 (Irvine Company) and CC -001 -08
Page 4 of 18
/ move that the Commission concur with consistency certification CC -001-08 that the project
described therein is consistent with the enforceable policies of the Califomia Coastal
Management Program (CCMP).
Staff recommends a YES vote on the motion. Passage of this motion will result in a concurrence in
the certification and adoption of the following resolution and findings. An affirmative vote of a
majority of the Commissioners present is required to pass the motion.
RESOLUTION TO CONCUR IN CONSISTENCY CERTIFICATION:
The Commission hereby concurs in the consistency certification by The Irvine Company in CC -001-
08, on the grounds that the project described therein is consistent with the enforceable policies of the
CCMP.
STANDARD CONDITIONS (Coastal Development Permit Only)
Notice of Receir)t and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is
returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by
the Executive Director or the Commission.
4. Assignment., The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
Ill. SPECIAL CONDITIONS (Coastal Development Permit and Consistency Certification)
CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL
The permittee shall comply with the following dredging and construction- related
requirements:
(a) No construction materials, equipment, debris, or waste shall be placed or
stored where it may be subject to wave/wind erosion and dispersion;
5-07-241 (Irvine Company) and CC -001 -08
Page 5 of 18
(b) Any and all debris resulting from construction activities shall be removed
from the site within 10 days of completion of construction;
(c) Machinery or construction materials not essential for project
improvements shall not be allowed at any time in the intertidal zone;
(d) Sand from the beach, cobbles, or shoreline rock s shall not be used for
construction material;
(e) If turbid conditions are generated d uring construction; a si It curtain shall be
utilized to control turbidity;
(f) Floating booms shall be used to contain debris discharged into coastal
waters and any debris discharged shall be removed as soon as possible but
no later than the end of each day;
(g) Divers shall recover non -buoyant debris discharged into coastal waters as
soon as possible after loss.
2. LOCATION OF DEBRIS DISPOSAL SITE
PRIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall
identify in writing, for the review and approval of the Executive Director, the location of the
disposal site of the construction debris resulting from the proposed project. Disposal shall
occur at the approved disposal si te. If the disposal site is located in the coastal zone, a
coastal development permit or an amendment to this permit shall be required before
disposal can take place.
3. REVISED FINAL PLANS
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
submit revised plans to the Executive Director for review and approval. The revised plans
shall show the following changes to the project:
(a) The site map shall depict the location of the proposed marina pump -out station, and
shall include any other updated information.
(b) The plans shall depict the location of existing piles to be removed and the location of
the proposed new piles.
B. The revised plans shall, prior to submittal to the Executive Director, be reviewed and
certified by a qualified professional to ensure that they are consistent with the
Commission's approval.
C. The permittee shall undertake development in accordance with the approval final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
5-07-241 (Irvine Company) and CC -001 -08
Page 6 of 18
4. WATER QUALITY MANAGEMENT PLAN (WQMP)
A. Prior to issuance of the coastal development permit, the permittee shall submit for the review
and approval of the Executive Director, two (2) copies of a Final Water Quality Management
Plan (WQMP) for the post -construction project site, prepared by a licensed water quality
professional, and shall include plans, descriptions, and supporting calculations. The WQMP
shall be in substantial conformance with the Water Quality Management Plan (WQMP) for
Balboa Marina prepared by Stantec dated June 5, 2007. In addition to the specifications
above, the plan shall be in substantial conformance with the following requirements:
Structural BMPs, Non -Structural BMPs, Treatment Control BMPs and Marina
Management Measures shall be included in the final WQMP. These BMPs shall be
equivalent to or more protective than those discussed in the W QMP dated June 5, 2007.
2. The site map shall depict the location of the proposed marina pump -out station, and shall
include any other updated information, including the location of BMPs.
B. The permitee shall undertake development in accordance with the approved final plans. Any
proposed changes to the approved final plans shall be reported to the Executive Director. No
changes to the approved final plans shall occur without a Commission amendment to this
coastal development permit unless the Executive Director determines that no amendment is
required.
5. MARINA WATER QUALITY BEST MANAGEMENT PRACTICES PROGRAM
By acceptance of this permit the applicant agrees that the long-term water -borne berthing
of boat(s) in the approved docks and/or boat slips will be managed in a manner that
protects water quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance M easures:
a. In-watertop-side and bottom -side boat cleaning shall minimize the
discharge of soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that
results in the removal of paint from boat hulls shall be prohibited. Only
detergents and cleaning components that are designated by the
manufacturer as phosphate -f ree and biodegradable shall be used, and the
amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water, absorbent
materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene
5-07-241 (Irvine Company) and CC -001 -08
Page 7 of 18
and mineral spirits will be disposed of in a proper manner and will not at any
time be disposed of in the water or gutter.
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and f uel
discharges. Oil absorbent materials shall be examined at least once a year
and replaced as necessary. Used oil absorbents are hazardous waste in
California. Used oil absorbents m ust therefore be disposed in accordance
with hazardous waste disposal regulations. The boaters will regularly
inspect and maintain engines, seals, gaskets, lines and hoses in order to
prevent oil and fuel spills. The use of soaps that can be discharged by bilge
pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels,
lubricants or other liquid m aterials), the boaters will use a bilge purn p -out
facility or steam cleaning services that recover and p roperly dispose or
recycle all contaminated liquids.
c. Bilge cleaners containing detergents or e mulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge
pumps.
6. BIOLOGICAL MONITORING
An appropriately trained biologist shall monitor the proposed development for disturbance
to sensitive species or habitat area. During the California Least Tern nesting season A pril
1 —September 30th , daily monitoring shall occur during dredging and othe r construction
activities that could result in disturbances to the Cali fornia Least Tern. Based on field
observations, the biologist shall advise the applicant regarding methods to minimize or
avoid significant impacts, which could occur upon sensitive spec ies or habitat areas. The
biological monitor shall halt all work should dredging and other construction activities result
in disturbances to the California Least Tern. However, after consultation with the
Department of Fish and Game, the applicant may resume construction during the California
Least Tern nesting season upon obtaining a w ritten statement from the Executive Director
authorizing construction on specified dates. To obtain such a determination, the permittee
must submit a declaration from the Department of Fish and Game stating that construction
on the specific dates proposed will not cause adverse impacts to any sensitive or
endangered species. The declaration must contain an assessment of the breeding and
nesting activities of California Least Tern found in the area and a statement that the
construction activity on the specific dates proposed will not interfere with the breeding and
nesting activities of the California Least Tern.
IV. FINDINGS AND DECLARATIONS:
The Commission hereby finds and declares:
5-07-241 (Irvine Company) and CC -001 -08
Page 8 of 18
A. Project Description and Location
Location
The existing and proposed marina is located in the northern portion of Lower Newport Bay at 201
East Coast Highway, City of Newport Beach, Orange County (Exhibits 1 and 2). The existing
facility is privately owned/operated and accessible to slip lessees and not open for general public
use. This facility is between the first public road and the sea and is in Newport Bay. The existing
and proposed facility is located on privately owned land. The State Lands Commission does not
assert any title interest in the property or that the project will intrude into an area that is subject to
the public easement in navigable waters. The project site is surrounded by commercial uses and
East Coast Highway to the north and to the east, Newport Bay channel to the west, and single-
family residential developments to the south at Linda Isle. Commercial areas immediately adjacent
to the marina consist of a large surface parking lot to the north and restaurants, small office
buildings and surface parking lot to the east.
Proiect Description — Marina Demolition and Re -construction
The applicant is proposing to demolish an existing 27,643 sq. ft. floating dock built in 1964 with 132
boat slips (including end ties at each existing dock finger) ranging from 25 to 55 feet in length on a
119,405 sq.ft. parcel and replace it with a new 20,931 sq. ft. dock accommodating 105 slips
ranging from 22 to 58 feet in length, resulting in a loss of 27 boat slips, the installation of new
lighting, water supply lines, communication hook ups, a pump -out facility and fire fighting facilities.
Demolition will include the complete removal of all dock floats, gangways, and 67 concrete guide
piles. The project includes maintenance improvements to the existing bulkhead by additional
anchoring of the bulkhead to the landside with steel rods. Project plans are included as Exhibit 2.
The proposed new dock would be approximately 25% (7,067 sq. ft.) smaller than the existing dock
and would result in an increase of 0.16 acre of open water in the marina. The proposed new dock
configuration would result in the need for three fewer guide piles than are currently in place. The
proposed dock would be constructed of concrete and consist of 5 to 6 foot wide slip fingers and 8
ft wide walkways. The berths will be situated parallel to the shore and existing bulkhead. The 8
foot wide walkway will be parallel to the bulkhead. Landside improvements include upgrades to
utilities and new water quality BMPs to the existing parking lot. The new marina complies with the
California Dept of Boating and Waterways design criteria, Americans with Disabilities Act access
standards and the City of Newport Beach Harbor Permit Policy.
Boats currently docked at Balboa Marina will be displaced during demolition, dredge and
construction activities. Prior to construction, lessees will be offered vacant slips in other marinas
also owned by the applicant in Newport Harbor or will be offered re -location assistance.
The applicant proposes to stage equipment in an approximately one acre area on the northwest
inland portion of the project site across from docks C, D, and E in the marina and adjacent to the
dry boat storage area. Pre -fabricated dock sections will be assembled in the staging area of the
parking lot and lifted into the marina with a crane. A debris disposal site has not been identif ied.
Proffiect Description - Dredging & Ocean Disposa
5-07-241 (Irvine Company) and CC -001 -08
Page 9 of 18
The proposed routine maintenance dredging of 34,000 cu. yds. of sediment from the marina and
adjacent navigational channel is exempt from coastal development permit requirements, as it
involves less than 100,000 cu. yds. of sediment. However, the transport of sediment across state
waters and disposal of the sediment material at LA -3 ocean disposal site requires federal
consistency certification. The proposed offshore disposal would occur at the EPA and Commission
approved disposal site known as LA -3 located approximately 4 miles southwest of the Newport
Harbor entrance. The total quantity of dredge material is approximately 34,000 cubic yards (with an
allowance for 1 feet over -dredge depth) from the navigational channel and marina fairways from
existing depths to design depths of -10 Mean Lower Low Water (MLLW) on the north side of the
channel and -8 ft MLLW at the east end of the project area (Exhibit 2, page 5 of 5). A clam -shell
dredge barge and a hopper barge will be used to remove sediment material. Approximately one
barge trip per day, six days a week for 16 weeks is anticipated for the removal of dredge sediments.
Pro*ect Description — Construction of Eelgrass Habitat
Newport Bay is a shallow, soft -bottom habitat, which extends from the shoreline to a central
dredged channel about 15-18 feet below MLLW. Subtidal areas are mostly non -vegetated, with
patches of eelgrass along a portion of the bay perimeter. Eelgrass (Zostera marina) is an aquatic
plant consisting of tough cellulose leaves, which grows in dense beds in shallow, subtidal or
intertidal unconsolidated sediments. Eelgrass is considered worthy of protection because it
functions as important habitat for a variety of fish and other wildlife, according to the Southern
California Eelgrass Mitigation Policy (SCEMP) adopted by the National Marine Fisheries Service
(NMFS), the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and
Game (CDFG). For instance, eelgrass beds provide areas for fish egg laying, juvenile fish rearing,
and waterfowl foraging. Sensitive species, such as the California least tern, a federally listed
endangered species, utilize eelgrass beds as foraging grounds.
Eelgrass surveys conducted in October 2003, June 2004 and most recently May 29th and May 30th
2007 all found eelgrass present; the majority in the navigational channel and patches between the
bulkhead and pierhead line between the docks. A total of 410.7 sq. ft. of eelgrass was located
within the site; one small patch in the marina and the rest in the navigational channel. The 410.7
sq. ft. found in the May 2007 survey only represents 5.2% of the 7,906 sq. ft. mapped in October
2003.
The proposed dredging activities (exempt from coastal development permit requirements) would
result in direct Class 1 losses of an estimated 399.4 sq. ft. of eelgrass requiring a minimum
mitigation ration of 1.2 to 1 and Class 2 "potential eelgrass habitat" losses that require mitigation at
a 1 to 1 ratio according to standards for eelgrass mitigation as outlined in the Southern California
Eelgrass Mitigation Policy (NMFS 1991, revised 2005). In order to meet the NMFS eelgrass
mitigation requirements, a total of 7,572.6 sq. ft. of eelgrass habitat needs to be successfully
mitigated. 479.3 sq. ft. is required for the loss of 399.4 sq. ft. of Class 1 eelgrass habitat and
7,173.2 sq. ft. for the loss of 7,173.2 of Class 2 eelgrass habitat. Although this mitigation is
required for direct and potential impacts to eelgrass by NMFS policy, the activity which causes the
impacts is exempt and therefore no eelgrass mitigation special conditions are required.
The applicant proposed construction of an on-site eelgrass habitat as mitigation for project
eelgrass impacts as required by other agencies. However, the construction of the eelgrass habitat
restoration requires a coastal development permit and is therefore included in the project
description. To achieve required mitigation site conditions, the applicant proposes to install plastic
sheet piles between the bulkhead and marina docks and re -use excavated dredged material as
backfill to create a submerged plateau as an eelgrass transplant area. The proposed work in this
5-07-241 (Irvine Company) and CC -001 -08
Page 10 of 18
area is to construct a submerged retaining plastic sheet pile wall buttress. The buttress would be
submerged into the soft bottom and raise to a crest elevation of approximately —2 feet MLLW.
Behind the buttress, dredged materials would be deposited from the marina dredging activities to
bring the elevation of a submerged plateau up to approximately —3 MLLW at the bulkhead and
ramping out to —3.5 MLLW at the sheet pile where the terrain would slope off at a 2:1 natural slope
to the design depths of -10 IVILLW on the north side of the marina and -8 M LLW on the east side of
the marina (Exhibit 2, page 5 of 5).
B. Marine Resources
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special
protection shall be given to areas and species of speci al biological or economic
significance. Uses of the marine environment shall be carried out in a manner that w N
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries,
and lakes appropriate to maintain optimum populati ons of marine organisms and for the
protection of human he alth shall be maintained and, where feasible, restored through,
among other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and
substantial interference with surface water flow, encouraging waste water reclamation,
maintaining natural vegetation buffer ar eas that protect riparian habitats, and minimi zing
alteration of natural streams.
Section 30233 of the Coastal Act states in part:
(a) The diking, filling, or dredging of open coastal w aters, wetlands, estuaries, and lakes
shall be permitted in accordance with other applicable provisions of this division, where
there is no feasible less en vironmenta fly damaging alternative, and where feasible
mitigation measures have been provided to minimize adverse environmental effects, and
shall be limited to the following:
(3) In open coastal waters, other than wetlands, including streams, estuaries, and lak es,
new or expanded boa ting facilities and the placement of structural pilings for public
recreational piers that provide public access and recreational opportunities.
(6) Restoration purposes.
Water Quality and Construction Impacts
5-07-241 (Irvine Company) and CC -001 -08
Page 11 of 18
The proposed project is the complete demolition of a 132 slip marina with 67 concrete piles and
construction of a 105 slip marina with 64 new concrete piles. All of this development will occur in
lower Newport Bay (Exhibit 1).
In order to assess impacts upon water quality, the proposed project was submitted to the California
Regional Water Quality Control Board (RWQCB). The RWQCB determined that if standard dock
construction methods and materials are utilized, the project should not adversely impact water
quality. The applicant has received a Clean Water Act Section 401 Water Quality Certification from
the California Regional Water Quality Control Board approving the proposed project. The applicant
has also submitted a Water Quality Management Plan (WQMP) that includes a Clean Marina
Program. Special Condition 4 requires the applicant to submit a final WQMP that includes
appropriate Best Management Practices (BMPs) including appropriate with specific details and
requirements ensuring that boating activity in the project area will be managed in a manner that
protects water quality.
Due to the proposed project's location on the water, demolition and construction activities may have
adverse impacts upon water quality and the marine environment. Storage or placement of
construction materials, debris, or waste in a location subject to wave erosion and dispersion would
result in adverse impacts upon the marine environment that would reduce the biological productivity
of coastal waters. For instance, construction debris entering coastal waters may cover and
displace soft bottom habitat. In addition, the use of machinery in coastal waters not designed for
such use may result in the release of lubricants or oils that are toxic to marine life. The
Commission finds that, since construction of the proposed project requires the use of best
management practices to minimize impacts upon water quality, the Commission imposes Special
Condition I requiring the applicant utilize best management practices. Such practices include: all
construction materials or waste shall be stored in a manner which prevents their movement via
runoff, or any other means, into coastal waters; floating booms shall be used to contain debris
discharged into coastal waters; non -buoyant debris discharged into coastal waters shall be
recovered by divers as soon as possible after loss; no machinery not essential to project
construction may be placed in the inter -tidal zone at any time, and that any and all construction
equipment, materials and debris are removed from upland areas at the conclusion of construction.
Since the applicant has not identif ied a disposal site and in order to prevent impacts to coastal
waters, the Commission imposes Special Condition 2, requiring all construction debris disposed of
at a legal site approved by the Executive Director. Choice of a site within the coastal zone shall
require an amendment to this permit or a new coastal development permit.
The Commission finds it necessary to identify the permittee's responsibilities regarding construction
and the utilization of best management practices and has conditioned the project accordingly.
Therefore, only as conditioned does the Corn mission find that the proposed project conforms with
Sections 30230 and 30231 of the Coastal Act.
Water Quality and Marina Activity Impacts
These Coastal Act policies are intended to protect the water quality and biological productivity of
coastal water resources. Aside f rom potential construction im pacts on water quality, the berthing
of boats by the boat dock users and associated boating activities also has the potential to
adversely impact coastal water quality and marine environment through the introduction of
pollutants associated with boating activities. Cleaning and scraping of boats, improper discharges
of contaminated bilge water and sewage waste, and the use of caustic detergents and solvents,
among other things, adversely impact water quality in coastal waters. The discharge of chemicals,
5-07-241 (Irvine Company) and CC -001 -08
Page 12 of 18
petroleum, cleaning agents, sewage and other pollutants to coastal waters can cause cumulative
impacts such as: eutrophication and anoxic conditions resulting in fish kills and diseases and the
alteration of aquatic habitat, including adverse changes to speci es composition and size; excess
nutrients causing algae blooms and sedimentation increasing turbidity, which reduce the
penetration of sunlight needed by aquatic vegetation which provide food and cover for aquatic
species; disruptions to the reproductive cycle of aquatic species; and acute and sublethal toxicity in
marine organisms leading to adverse changes in reproduction and feeding behavior. These
impacts reduce the biological productivity and the quality of coastal waters, reduce optimum
populations of marine organisms, and have adverse impacts on human health. Such cumulative
impacts can be minimized through the implementation of certain BMPs. Therefore, the
Commission imposes Special Condition 5 that requires the applicant to establish a Water Quality
Management/Boat Owner Maintenance Plan.
As proposed, the project includes the addition of a pump -out station to the new marina, allowing
boat owners to pump wastewater from boat holding tanks for appropriate disposal. Utilizationof
the new pump -out station will enhance water quality in the marina and Newport Bay. Special
Condition 3 requires submittal of final plans showing the location of the proposed purn p -out facility
on the site plan.
Furthermore, there are no proposed changes to the landward portion of the marina (i.e., surface
parking lot and landscaping); therefore there will be no increase of impervious surface area or
resulting increase in storm water runoff from the landward portion project site. Under current
conditions storm water sheet flows across the existing parking lot emptying over the dock into the
bay. There are only two existing locations on site with area drains that filter litter, silt,
hydrocarbons, etc. from storm water runoff before it is discharged into the bay at the marina. As
proposed, the project will not change the current parking lot sheet flow drainage patterns, however,
new filtration measures will be added to the existing system to im ' prove water quality. Five (5) more
area drains with filters and construction of a new 4" trench drain along the north (ocean side)
perimeter of the surface parking lot to prevent storm water runoff from discharging directly into the
ocean are proposed to improve water quality.
Dredainq Imoacts on Water Qualit
As proposed, the project will meet best management practices pertinent to dredging activities
including the maintenance of dredge project limits, off -shore disposal of dredge sediments, and
use of a floating silt curtain around the dredge and disposal vessels during dredging operations for
turbidity control.
In summary, special conditions require the applicant to implement construction and post -
construction BMPs to minimize adverse impacts on water quality from both the construction and
operation of the proposed boating facilities. Therefore, the Commission finds that the proposed
marina redevelopment project described herein, as conditioned, is consistent with Sections 30230
and 30231 of the Coastal Act and will assure the protection of water quality.
Fill of Coastal Waters and Loss of Marine Habitat
The proposed marina reconstruction will involve the placement of 64, 16'diameter concrete guide
piles in open coastal waters, three fewer than those supporting the existing dock system. These
dock float guide piles constitute fill of open coastal waters. The placement of piles in open coastal
waters for the construction of a new boating facility is an allowable use under Section 30233(a)(3)
of the Coastal Act.
5-07-241 (Irvine Company) and CC -001 -08
Page 13 of 18
Under Section 30233, the proposed project must be the least environmentally damaging
alternative. Alternatives to the proposed project include no project, replacement of the dock in
precisely the same configuration, or a change to the existing configuration.
Under the no project alternative, the applicant could only pursue simple maintenance activity.
However, simple maintenance could not feasibly repair the docks, nor bring them up to present
engineering and safety standards. Simple maintenance would only prolong the condition of the
existing docks. While the rate of deterioration would be reduced, further deterioration of the docks
would not be fully abated. Furthermore, safe use of the facility for marine recreational purposes
would be precluded without replacement of the dock system. Therefore, the dock system must be
replaced.
The second alternative, replacement of the project in the same configuration would not reduce the
number of pilings required. The proposed project is approximately the same configuration as the
existing marina. Therefore, even if the marina were demolished and reconstructed in the exactly
the same configuration, the number of proposed pilings required would not change. As proposed,
the new marina configuration will result in replacement of the existing dock with a new dock system
that is smaller surface area but which is basically in the same configuration as the existing dock but
with fewer pilings.
Construction of Eelarass Mitiaation Area
Additionally, the construction/creation of an eelgrass mitigation area to address direct and long-
term impacts to eelgrass habitat due to the project's dredging activities as previously described in
the project description, also requires the instal lation of sheet piles and fill utilizing dredge material
which is strictly limited by Section 30233 of the Coastal Act.
The applicant has indicated that there are no known eelgrass restoration areas in the vicini ty of the
project where eelgrass could be restored without creating suitable substrate and light conditions by
altering water depths. Additionally, on-site mitigation is the preferable alternative. As such, to
achieve required mitigation site conditions, the project proposes to re -use excavated dredged
material to create a submerged plateau between the bulkhead and docks of the marina . Once
constructed, the mitigation site would be planted with eelgrass harvested from natural donor beds
adjacent to the mitigation site. The site would then be monitored for performance over the course
of a 5 -year establishment period per NIVIFS guidelines. Areas that do not meet NIVIFS success
criteria must be re -vegetated and again monitored for another 5 year period until the final goal is
met.
The use of this area for habitat enhancement is a pilot study in the Newport Beach area. It is
unusual to mitigate for habitat impacts by converting one habitat (open water) to another
(eelgrass). Additionally, both the Commission staff biologist and NIVIFS staff expressed concerns
over the proposed use of plastic sheet piles compared to the use of a rock revetrn ent for the
construction of the on-site mitigation area. Concerns expressed related to the reduced water
circulation behind the docks, the use of plastic sheet piles submerged on soft bottom marine soils
not allowing for the exchange of gases and nutrients and that areas located betw een docks and
bulkheads may provide a marginal environment for eelgrass growth.
The applicant provided an eelgrass mitigation alternative analysis, including a hybrid rock
revetment/plastic sheet pile alternative and a no coastal structure alternative. The Commission's
staff Resource Ecologist has reviewed the project and concluded that in this particular case,
5-07-241 (Irvine Company) and CC -001-08
Page 14 of 18
although the restoration involves habitat conversion, the relatively small area involved will limit
significant impacts to the existing mud bottom community and although from an ecological
perspective, the use of a rock revetment is the most desirable option, the rocks would take up a
larger surface area than the plastic sheet piles thereby minimizing the area available for eelgrass
mitigation and would potentially also minimize the area available for boat slips. The proposed use
of plastic sheet piles for the construction of a plateau for the eelgrass mitigation site is the only
feasible alternative with no adverse affects that provides 7,800 sq. ft. of habitat exceeding NM FS
required 7,572.6 sq. ft. eelgrass mitigation area. The rock revetment/plastic sheet pile hybrid
alternative would limit the eelgrass mitigation area to 4,883.
The applicant's biologist has provided information assessing the existing habitat value of the
proposed mitigation site. The biological assessment concludes that the proposed eelgrass
mitigation area is best suited to restoration of eelgrass habitat, from many aspects. It is well
situated geographically to the impact areas, it is geometrically suited to the construction of a
submerged plateau that will sustain eelgrass, as the dock floats do not act as a vertical barrier
keeping fish from eelgrass beds, it is beneficial to have eelgrass next to hard substrate such as
dock structures because fish that congregate around the docks will also be attracted to the
eelgrass habitat it is outside of the deeper vessel navigation areas where eelgrass is usually
scarred by boat propellers. Thus it is anticipated that a successful eelgrass mitigation at the
proposed location will provide higher -quality eelgrass habitat and a greater fishery utilization
potential than currently is found in the Balboa Channel and w ill benefit from a greater level of
protection than it might in other areas of the Bay.
In conclusion, the proposed project will result in the fill of open coastal waters for a boating facility
and for habitat creation/restoration purposes which are both allowable use under Section 30233 of
the Coastal Act. Therefore, the Commission finds the proposed project is consistent with Section
30233 of the Coastal Act.
Sensitive Habitats and Resources
Section 30233(b) of the Coastal Act states:
Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to
marine and wildlife habitats...
The proposed marina reconstruction will temporarily disturb the waters within the project area and
may impact marine resources. Therefore, mitigation measures are necessary to protect the
biological productivity of coastal waters. The California Least Tern and the California Brown Pelican
are special status speci es known to exist within the project area. Temporary disturbance to the
waters within the project area may potentially disrupt foraging areas of these sensitive species.
The Army Corps and the US Fish & Wildlife Service (US FWS) have determined that the project will
not adversely impact least tern nesting. T he annual nesting season for the least terns is April 1 -
September 30. The project is almost a thousand meters from the Upper Newport Bay Ecological
Reserve the least tern's main foraging grounds and is approximately 3 miles from least tern
breeding grounds. The Upper Newport Bay Ecological Reserve contains habitat for a diverse
variety of wildlife with primary habitat of open water and salt marsh, tidal flats, sandy beach,
subtidal mud seafloor habitat at various locations throughout the bay.
As approved by the City, the project nonetheless requires rn itigation to ensure that least terns are
not harmed during breeding season. The Mitigated Negative Declaration requires an onsite
5-07-241 (Irvine Company) and CC -001 -08
Page 15 of 18
biologist to monitor least terns during the breeding season, and to m ake regular reports to the Army
CorpsandUSFWS. If the monitor determines that the project activities area detriment to the least
terns'foraging opportunities, the project activities must stop immediately. To assure avoidance of
adverse impacts to nesting birds, the Commission imposes Special Condition 6 requiring a
biological monitor present for dredging and construction activities during the least tern nesting
season and restricting construction if adverse impacts to any sensitive or endangered species are
identified by the biologist.
C. Public Access and Recreation
Section 30210 of the Coastal Act states:
In carrying out the requirement of Section 4 of A rticle X of the California Constitution,
maximum access, which shall be conspicuously posted, and recreational opportunities s hall
be provided for all the people consistent with public safety needs and the need to protect
public rights, rights of private property owners, and natural resource areas from overuse.
Section 30212 of the Coastal Act states, in relevant part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall
be provided in new development projects except whereJ ... 1
(2) adequate access exists nearby, ...
The proposed project is located seaward of the first public road and within coastal waters. The
subject site contains and existing privately owned marina on private land owned and operated by
The Irvine Company. Public access to the bay is available from Coast Hwy. In addition, vertical
access to the bay is available on the bridge leading to Linda Isl e immediately east of the of the
projectsite. Public access to the waterfront is available and the proposed project would not impede
such access. However, the subject site is a private marina facility which leases boat slips to its
members.
Slip Size Mix
In prior permit actions, the Commission has been concerned about the trend towards larger slips in
marinas at the expense of the smaller slips. As larger slips occupy more space in a marina, there is
less space for the smaller slips and the result is fewer overall slips and fewer slips available for the
owners of small vessels. As the trend for larger boats continues and m arinas convert their sm all boat
slips to larger slips, berthing opportunities for the small boat owner will be reduced. While it is difficult
to contend that recreational boating is in fact a "low" cost recreational activity, in general, smaller boats
are less expensive, and therefore more available to a larger segment of the population than are larger
boats. The Commission has not historically regulated the rates at which marinas rent their slips to the
public. The Commission has, however, regulated the design of a marina in order to ensure that the
redesigned slips conform to the public access and recreation policies of the Coastal Act by providing
the correct balance between the size of slips and the boaters' demand for slips.
Although the trend for new and redeveloped marinas is for larger boats, the demand for small boat slips
still exists. In prior permit actions, the Commission has heard testimony contending that a reduction in
the availability of slips that accommodate smaller boats reduces the option for those who want to own
boats and use the smaller slips. The existing facility does not meet current Americans with Disabilities
Act (ADA) access standards or Department of Boating and Waterways (DBAW) design criteria
5-07-241 (Irvine Company) and CC -001 -08
Page 16 of 18
requirements. The existing facility provides a slip count range of 123-132, depending on th e size of the
boat utilizing the end ties, as it is feasible that the end ties could accorn modate a single larger boat,
instead of two smaller boats. The new reconstructed marina will provide a slip count range of 97-105
slips and comply current with DBAW, ADA and City Harbor Permit Policies but result in a total loss of
up to 27 slips (i.e., 132-105= 27). T he loss of slips with the proposed marina reconstruction and
reconfiguration due to compliance with new standards is as follows: two (2) slips lost due to ADA
standards, sixteen (16) lost due to DB AW standards and nine (9) slips los t due to the construction of an
on-site eelgrass mitigation requirement.
In this particular case, the proposed slip reconf iguration will provide:
0 38/105 or 36.2% of slips for smaller vessels 20'-30' long,
0 53/105 or 50.5% of slips for medium vessels 32'-38' long and
0 14/105 or 13.3% of slips accommodating larger vessels at 40'-58' long.
This slip mix still provides a reasonable am ount of smaller slip space. Because of slip space cost
considerations, perhaps of equal importance to the provision of smaller slip space for maintaining
some level of affordability for recreational boating, is the avail ability of dry boat storage facilities
and public launch ram ps. Dry boat storage is available in Newport Beach. There are numerous
public boat -launching ra mps throughout Newport Beach.
Thus, when balanced against the overall demand for larger boat slips, the need to meet new and the
fact that small boat owners are moving toward trailering their boats and using dry storage, the
Commission finds the proposed slip mix adequate. This determination is based on this specific facility
in this particular location, and depends also on the availability of a wide range of other boating facilities
in the general area.
As proposed, the Commission finds the proposed development consistent with the public access
and recreation policies of the Coastal Act.
D. Shoreline Protection
Section 30235 of the Coastal Act states, in relevant part:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline processes shall be permitted w hen required to
serve coastal -dependent uses or to protect existing st ructures or public beaches in danger
from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply...
Section 30253 of the Coastal Act states, in relevant part:
New development shall:
(/) Minimize risks to life and property in area s of high geologic, flood, and fire haz ard.
(2) Assure stability and structural integrity, and neither create nor contribute signffl cantly to
erosion, geologic ins tability, or destruction of the site or surround ing area or in any way require
the construction of protective devic es that would substantially alter natural landforms along
bluffs and cliffs...
5-07-241 (Irvine Company) and CC -001 -08
Page 17 of 18
The applicant proposes to improve the condition of the existing seawall by installing earth anchors
throughout the north and east seawalls. The proposed work consists of drilling 168, 4 -inch
diameter holes on the water side of the concrete sheet pile seawall at +4 MLLW elevation a ust
beneath the bulkhead concrete cap) and installing 168, 43 foot long steel rod anchors sleeved in
PVC pipes filled with cement and grouted in place into the earth behind the seaw all beneath the
existing paved surface parking lot. Steel plates will be installed over the rods and anchor bolted
into the seawall. All drilled concrete, process water, excess grout and drilled earthen material will
be collected and contained in a spoil s barge using a tube to prevent the spill of materials into
coastal waters. A tent placed around the drill area will contain dust and other airborne material.
The new steel rod anchor will reinforce the existing tie -back and concrete deadm an system
connected to the seawall concrete cap. The improvements to the existing seawall will not require
fill or cause further seaward encroachment and will provide continued protection of the existing
shoreline improvements from erosion or impact public access to the bay. Therefore,as
conditioned, the proposed developm ent is consistent with the shoreline protection and public
access policies of the Coastal Act.
E. Views
Section 30251 of the Coastal Act states, in relevant part:
The scenic and visual qualities of coastal areas shall be considered and protected as a
resource ofpublic importance. Permitted development shall be sited and designed to protect
views to and along the ocean and scenic coastal areas, to minimize the alteration of natural
land forms, to be visually compatible with the character of surrounding areas, and, where
feasible, to restore and enhance visual qualit y in visually degraded areas...
Public views of Newport Bay exist along the bridge leading to Lido Isle as w ell as from Pacific
Coast Highway, a state -designated scenic highway. The proposed project will be visible from these
vantage points available to the public. The subject public views are those of a developed harbor
(i.e., boats, boat docks, gangways). The proposed project will slightly decrease the dock coverage
area and expose more open water. The marina uses as well as visual characteristics would remain
the same as the existing conditions, therefore, the effect upon public views is minimal because
such changes are occurring over a large area. No landside buildings are incl uded in the project
reconstruction.
Therefore, the Commission finds that the proposed project is consistent with character of
surrounding area and would not have any adverse impacts upon public views to and along the
shoreline. Therefore, the proposed project is consistent with Section 30251 of the Coastal Act.
F. Land Use Plan
Section 30604 of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a
certified local coastal program. The permit may only be issued if the Commission finds that the
proposed development will not prejudice the ability of the local government to prepare a local
coastal program which conforms with the Chapter 3 policies of the Coastal Act.
5-07-241 (Irvine Company) and CC -001-08
Page 18 of 18
The Newport Beach Land Use Plan was effectively certified on May 19, 1982. The proposed
development is consistent with the policies of the certified Land Use Plan. Therefore, the
Commission finds that approval of the proposed development will not prejudice the City's ability to
prepare a Local Coastal Program (implementation Plan) for Newport Beach that is consistent with
the Chapter 3 policies of the Coastal Act as required by Section 30604(a).
G. California Environmental Quality Act
Section 13096(a) of the Commission's administrative regulations requires Commission approval of
coastal development permit applications to be supported by a finding showing the application, as
conditioned by any conditions of approval, to be consistent with any applicable requirements of the
California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse effect which the
activity may have on the environment.
The project is located in an existing harbor in an urbanized area. Development already exists on
the subject site. Mitigation is provided for project impacts to sensitive marine resources; therefore,
the impacts arising from the proposed project will be minimal. In addition, the proposed
development has been conditioned, as follows: to restrict the placement of construction materials
and use of on-site resources as construction material in order to prevent impacts to soft bottom
habitat; to require the identification of the proposed debris disposal site to prevent the disposal of
materials in a location which would have adverse impacts on the marine environment such as the
displacement of soft bottom habitat and turbidity in the water column from siltation and debris; and
to implement marina best management practices to avoid adverse impacts upon water quality. As
conditioned, no feasible alternatives or feasible mitigation measures are known, beyond those
required, which would substantially lessen any identified significant effect which the activity may
have on the environment. Therefore, the Commission finds that the proposed project, as
conditioned, is the least environmentally damaging feasible alternative and is consistent with
CEQA.
lo/Z4/-2007 09:17 FAX 3495813599 CAA PLANNING 1a001/004
DRAFT
October 25, 2007
Mr. Karl Schwing
California Coastal Commission
South Coast Distdct Office
200 Oceangate, 106'Floor
Long Beach, CA 90802-4416
Subject: Coastal Development Permit Application — BaJboa Marina — Revised
Approval -In -Concept
Dear Mr, Schwing:
-fhe attached updated and revised Approval -In -Concept (AIC) for Balboa Marina was
signed by Mr. Tom Rossmiller, Manager of the City's Harbor Resources Department on
October 24, 2007. The refinements to the project which are documented on the AIC
Tepresent improvements to the project and do not constitute any impacts not previously
analyzed in the project's Mitigated Negative Declaration approved by the City of
Newport Beach on February 14, 2007.
The updated AJC is based on a revised slip layout of 105 slips, plus an area for the
accommodation of transient boats. The AIC submitted to the Coastal. Commission on July
20, 20071 was based on a total of 102 slips, Attachment 2 is a comparative analysis of the
project components based on the revised AIC.
Eeigms Mitigation
The eelgrass mitigation area has been revised slightly in response to the provision of
additional slips. As shown on the attached AIC, the eelgrass Mitigation area is in the
same ppproximate location. As indicated in the Coastal Development Permit Application,
a total of 7,632.5 square feet of eelgmss mitigation area was proposed to be created oiu-
site. A 2003 eelgms survey for the site determined that the site supported 7,906 square
feet of eelgrass beds. A subsequent field visit in May 2007 confirmed that 236 square feet
of eelgrass is present on site. Therefore, mitigation for existing eelgrass will be at a 1.2:1
ratio whereas mitigation for potential eelgrass (the difference between the area of eelgrass
beds surveyed in 2003 minus the area of eelgrass beds surveyed. in 2007) will be provided
at a 1:1 ratio.
Monitoring of Balboa Marina for purposes of documenting the presence or absence, of
eelgrass will continue as required. As noted above, the most recent diver survey
documented a. total, of less than 300 square feet of eelgrass present in the Marina. This
figure represents a significant reduction froul the area surveyed in 2003, However, the
eelgrass mitigation area shown on the updated AIC is based on the 2003 survey.
10/24/2007 09:17 FAX 9495813589 CAA PLANNING IA002/004
A plastic sheet pile is now the proposed method to support the shallow area identified for
the on-site eelgrass mitigation area. The sheet pile is a superior solution to retaining the
shallow water area when compared to the method proposed in the July 20, 2007 AIC
which proposed a prism constructed of riprap.
Dock Coveraiz
Although the number of slips has increased under the updated AIC, the dock coverage
remains sirriflarly reduced when compared to the previously submitted AIC. The existing
dock surface area in the marina is 27,643 square fee whereas the attached AIC
documents 20,931 square feet of dock surface area.
Support Pili
The. number of piles necessary for the proposed new dock system remains at 64 piles as
in the previously filed AIC. This represents a reduction of 3 piles from the existing 67.
Dredainji
Under the City of Newport Beach approved Mitigated Negative Declaration, the estimate
of dredge quantities was 40,000 cubic yards. That figure has been more precisely
calculated at 34,000 cubic yards based on updated field surveys of bottom contours and
includes over -dredge estimates as well.
Conclusion
The refinements to the proposed dock layout will not result in additional impacts while
increasing overall slip totals- In addition the updated AIC now includes an area for a
valet/ternporary dock for transient use. We request your consideration of the updated AIC
as pan of The Irvine Company's response to your Letter of Incomplete Application dated
August 21, 2007 granting a Coastal Development Permit for the reconstruction of Balboa.
Marina -
Sincerely,
THE IRVINE CONTANY
Dan Miller
Senior Vice President,
Entitlement and Public Affairs
Attachments: Approval in Concept Dated October 24, 2007
Slip Mix Comparison Chart
10/,24/2007 09:17 FAX 9495813599 CAA PLANNING U 003/004
cc: Ms. Liliana Roman, California Coastal Commission
Mr. Tom Rossmiller, Harbor Resources Department
Mr. Torn Mathews, President, CAA PlanniDg
10/2,4/2007 09:18 FAX 9495813598 CAA PLANNING IA004/004
ATTACMIENT 2
Slip Mix Comnarison
SLIP
LENGTH
EMSTING
AIC
SUBMITTED
JULY 2007
REVISED
PROPOSAL
20'
-
4
221)
-
7
4
25'
18
7
6
26'
15
-
-
27'
27
-
-
28'
--
28
18
31'
1
30V
-
6
321
26
37
34')
42
2
2
361
7
12
14
38'
12
-
-
40'
3
11
7
42'
-
5
45'
2
-
-
461
-
I
50'
3
-
2
58'
3
2
5
TOTALS
132
1 102 1
105
The. end ties on the updated AIC and the July 20, 2007 CCC submittal both show that 2
vessels can berth at each end tie location. However, it is feasible that the end ties could
accommodate a single larger crafL Therefore, the slip count/mix disclosed in the July 20,
2007 ATC could range from 94 to 102, whereas the October 24' AIC (Attached) shows a
slip count/mix Tange from 97 to 105. The existing slip count range is 123/132.
California Regional Water Quality Control Board
0 Santa Ana Region
3737 Main Street, Suite 5DO, Riverside, Cafifornia 92501-3348
Linda S. Adams Phone (951) 782-4130 , FAX (951) 791-6288 - TDD (951) 782-3221 Arnold Schwarzenegger
Secrefaryfor www.wnWftards.c&Sov/s=i=w Gowmor
Envirommatal Protection
January 4, 2007
Scot Scialpi
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS
CERTIFICATION FOR THE BALBOA MARINA DOCK REPLACEMENT PROJECT,
CITY OF NEWPORT BEACH (ACOE REFERENCE NO. NOT AVAILABLE)
Dear Mr. Scialpi:
On October 26, 2007, we received an application for Clean Water Act Section 401
Water Quality Standards Certification (Certification) for the proposed replacement of the
Balboa Marina docks in the City of Newport Beach. On November 25,2007, your
application was deemed complete. This letter responds to your request for certification
that the proposed project, described in your application and summarized below, will
comply with State water quality standards outlined in the Water Quality Control Plan for
the Santa Ana River Basin (1995) and subsequent Basin Plan amendments:
Project Description: Replacement of an existing dock system with a new 20,931 -
square foot dock with 105 boat slips ranging from 20 to 58
feet in length and Installation of tieback anchors behind the
existing seawall. The now dock system will include the
installation of a new sewage pump -out station, new lighting,
fire fighting facilifies, and electrical power, water supply, and
communication connections. Approximately 36,000 cubic
yards of sediment below the new dock system will be
excavated for anticipated off -shore disposal at LA -3. The
project is located between Pacific Coast Highway and Lido
Island within Sections 26 and 27 of Township 6 South,
Range 10 West, of the U.S. Geological Survey Newport
Beach, Cafifomia, 7.5 -minute topographic quadrangle map
(33.6157 degrees NI -1 17.9032 degrees W).
Receiving water: Lower Newport Bay
Fill area: 2.74 acres of temporary impact to a marine channel.
DredgefFill volume: 36,000 cubic yards
CaHfornla EnvLronmentalNetec&n Agency
The Irvine Company .2- January 4, 2007
Federal permit: Rivers and Harbors Act Section 10
You have proposed to mitigate water quality impacts as described in your Certification
application. The proposed mitigation is summarized below:
Onsite Water Quality Standards Mitigation Proposed:
• A sewage pump -out facility will be provided for use by marina tenants.
• Trench drains will be installed to intercept storm water runoff from the parking lot
areas and convey runoff into storm drain inlet filters. Five new storm drain inlet
filters will be added to remove pollutants from storm water runoff from the parking
lot areas.
• Adequate trash containment facilities will be provided for marina tenants and
visitors.
• The Irvine Company will participate in the "Clean Marinas California Program".
• A program will be implemented to inform Visitors and tenants of best
management practices (BMPs) to prevent the discharge of pollutants into the
marina. The program will include installation of educational signage and
distribution of water quality protection materials.
• Additional site-specific BMPs are specified in the site's Water Quality
Management Plan (WQMP) and will be specified in the Storm Water Pollution
Prevention Plan (SWPPP).
• 410.7 square feet of eelgrass beds will be excavated in the project area. 492.8
square feet of eelgrass beds will be created in an 8 -foot zone along the marina
bulkhead. Creation of suitable area will involve placing dredged material in the
mitigation zone to raise the sea floor to an appropriate depth. The creation effort
will be completed according to the National Marine Fisheries Service's Southern
California Eelgrass Mitigation Policy.
Ofisite Water Quality Standards Mitigation Pr oposed:
* No offske water quality standards mitigation is proposed.
Should the proposed project impact state- or federally -listed endangered species or
their habitat, implementation of measures identified in consultation with U.S. Fish and
Wildlife Service and the California Department of Fish and Game will ensure those
impacts are mitigated to an acceptable level. Appropriate Best Management Practices
will be implemented to reduce construction -related impacts to Waters of the State. This
project is over one acre. Therefore, coverage under the State Water Resources Control
Board's General Permit for Storm Water Discharges Associated with Construction
Activity, Water Quality Order 99-08 DWQ, is required, as is development of a Storm
Water Pollution Prevention Plan (SWPPP), to control the discharge of pollutants from
the project site.
California Environmental Prolecdon Agency
Re4yckdP4per
The Irvine Company -3- January 4, 2007
You have applied for a federal permit from the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean Water Act and Section 10 of the Rivers and
Harbors Act. You have applied for a Coastal Development Permit from the California
Coastal Commission. Pursuant to the California Environmental Quality Act (CEQA), the
City of Newport Beach adopted a Mitigated Negative Declaration (MND) on February
14, 2007. The Executive Officer has considered the City's IVIND in the issuance of this
Certification.
This 401 Certification is contingent upon the execution of the following
conditions:
1 Using generally accepted protocols, the discharger must survey for
Caulerpa taxifolia, an invasive marine seaweed, to help locate and. prevent
its spread. If Caulerpa tax1folia is found prior to or during implementation of
the project, the applicant must not begin or continue at that location until
authorized by Regional Board staff. If the invasive seaweed is discovered,
it is not to be disturbed, and the Regional Board must be notified within 48 -
hours of the location and date of the discovery. In addition, any sightings
of Caulerpa taxifolia should be reported to the California Department of
Fish and Game (William Paznokas at (858) 467-4218
(woaznokas(&-dfq.ca.q ) or the National Marine Fisheries Service (Robert
Hoffman at (562) 980-4043 (bob. hoffman(M-noaa.go ) within 24 -hours of
discovery. Further inforrnation regarding Caulerpa taxifolia sightings can be
obtained at www.sccat.net. Should no Caularpa be observed during the
project, the applicant must notify the Regional Board of this fact when all
construction has been completed. Please contact Wanda Cross at (951)
782-4468 concerning issues related to Caulerpa taxifolla.
2. Regional Board staff and other. authorized representatives must be
allowed:
a. Entry upon premises where storm water treatment facilities are located,
or where records are kept under the requirements of this Certification
and applicable waste discharge requirements;
b. Access to copy any records that are kept under the requirements of this
Certification and applicable waste discharge requirements;
c. To Inspect any facility, equipment (including monitoring and control
equipment), practices, or operations related to the treatment of storm
water runoff from the project site; and
d. To photograph, sample and monitor for the purpose of assuring
compliance with this Certification and applicable waste discharge
requirements.
3. Materials must not be placed in a manner where they could be discharged
to surface waters except as authorized by this certification. In the event
Cafybrnia Environmental Protection Agency
#V
%tp &�I'dP'W".
The Irvine Company -4- January 4, 2007
that trash or debris is discharged to surface waters, the discharger must
recover the material to the maximum extent practical.
4. Project activities must not depress the dissolved oxygen content of Lower
Newport Bay below 5 mg/L as a result of controllable water quality factors.
When natural dissolved oxygen content is less than 5 mg/L, the discharger
must not cause further depression.
5. Project activities must not raise the pH of Lower Newport Bay above 8.6 or
lower pH below 7.0 as the result of controllable water quality factors;
ambient pH levels must not be changed by more than 0.2 units.
6. Project -related activities must not cause the background natural turbidity,
as measured in Nephelometric Turbidity Units (NTUs), in the receiving
waters to be increased by values greater than the following Basin Plan
objectives at a distance of 100 feet from the activity:
a. If natural turbidity is between 0 and 50 NTU, the maximum increase
must not exceed 20% of the measured natural turbidity.
b. If natural turbidity is 50 to 100 NTU, the increase must not exceed
10 NTU.
C. If natural turbidity is greater than 100 NTU, the maximum increase
must not exceed 10% of the measured natural turbidity.
7. An effective monitoring plan must be developed and implemented to
document compliance with conditions 3, 4. 5 and 6 above. Any suspected
violation of these conditions must be reported to Regional Board staff in
writing within 24 -hours of discovery. The monitoring plan and records of
monitoring activities must be maintained on site for the duration of the
proposed discharge and be available for inspection by Regional Board
staff.
8. Impacts to eelgrass must be compensated for according to the National
Marine Fisheries Service's Southern California Eelgrass Mitigation Policy,
including the -creation of eelgrass, beds. Any deficiencies in the mitigation
effort must be addressed according to the Policy.
9. A copy of this Certification must remain at the project site for the duration of
the work and be available for inspection upon request.
Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the
following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant
to Section §13330 of the Water Code and Article 6 (commencing with
Section 3867) of this Chapter.
CaliforWo Environmental Protection Agency
Qt PcW1,dP.W
The Irvine Company -5- January 4, 2007
(b) Certification is not intended and shall not be construed to apply to any
activity involving a hydroelectric facility and requiring a FERC license or an
amendment to a FERC license unless the pertinent Certification application
was filed pursuant to Subsection §3855(b) of this Chapter and that
application specifically identified that a FERC license or amendment to a
FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under
. this Chapter and owed by the applicant
Although we anticipate no further regulatory involvement, if the above stated conditions
are changed, any of the criteria or conditions as previously described are not met, or
new information becomes available that indicates a water quality problem, we may
formulate Waste Discharge Requirements.
In the event of any violation or threatened violation of the conditions of this certification,
the violation or threatened violation shall be subject to any remedies, penalties, process
or sanctions as provided for under state law. For purposes of section 401 (d) of the
Clean Water Act, the applicability of any state law authorizing remedies, penalties,
process or sanctions for the violation or threatened violation constitutes a limitation
necessary to assure compliance with the water quality standards and other pertinent
requirements incorporated into this certification.
In response to a suspected violation of any condition of this certification, the Santa Ana
Regional Water Quality Control Board (Regional Board) may require the holder of any
permit or license subject to this certification to fumish, under penalty of pequry, any
technical or monitoring reports the Regional Board deems appropriate. The burden,
including costs, of the reports shall be reasonable in relation to the need for the reports
and the benefits to be obtained from the reports.
In response to any violation of the conditions of this certification, the Regional Board
may add to or modify the conditions of this certification as appropriate to ensure
compliance. Pursuant to California Code of Regulations Section 3857, we will take no
further action on your application. Please notify our office five (5) days before
construction begins on this project
This letter constitutes a Water Quality Standards Certification issued pursuant to Clean
Water Act Section 401. 1 hereby issue an order certifying that any discharge from the
referenced project will comply with the applicable provisions of Sections 301 (Effluent
Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality
Standards and Implementation Plans), 306 (National Standards of Performance), and
307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other
applicable requirements of State law. This discharge is also regulated under State
Caftfornia Environmen4d Protection Agency
The Irvine Company -6- January 4, 2007
Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-
DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That
Have Received Water Quality Certification" which requires compliance with all
conditions of this Water Quality Standards Certification. Order No. 200-0017-DWQ is
available at www.swrcb.ca.-gov/resdectwqorders/2003/�Wo/Wqo2003-0017.r)d
Should there be any questions, please contact Adam Fischer at (951) 320-6363, or
Mark Adelson at (951) 782-3234.
Sincerely,
�� \/- cLttl
GERARD J. THIBEAULT
Executive Officer
cc (via electronic mail):
U. S. Army Corps of Engineers, Los Angeles Office — Jae Chung
State Water Resources Control Board, OCC — Erik Spiess
State Water Resources Control Board, DWQ-Water Quality Certification Unit —
Bill Orme
California Department of Fish and Game — Naeem Siddiqui
U.S. EPA, Supervisor of the Wetlands Regulatory Office WTR- 8 — Eric Raffini
and Dave Smith
APFA011certift-aflons/balboa madna dock repi 302007-29
California Environmental Protection Agency
0 Recyckd Pap-
EXISTING CONDITIONS.,
REPAIR DETAILS
ATIONS
EAN HIGHER HIGH WATER
EA N LOWER LOW WATER
EAN SEA LEVEL
NLESS NOTED OTHERWISE
14
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Programming
Planning
Design
Construction Management
SUBMITTAL - TRANSMITTAL
The Irvine Company
Balboa Marina Reconstruction
To: Mr. Tom Rossmiller
Manager
City of Newport Beach
Division of Harbor Resources
829 Harbor Island Drive
Ilewport Beach, CA 92660
Tel: (949) 644-3041
Fax: (949) 723-0589
Submittal No:
Date: June 3, 2005
File: 10327/0197/1310
From
HAND DELIVER
We are sending you the following: FX-�Attached
=Submittals = Plans =Change Order
=specifications =Estimates =Progress Payment
These documents are transmitted as noted below:
Steve Schmucker
Area Construction Manager
= Under separate cover
=Correspondence
FX-�Other
F7XFor review & approval =For information/file
=For action: APPROVED NOT APPROVED
NET No exceptions taken FIR Revise & resubmit
MCN Make changes noted REJ Rejected - Resubmit
Number of Copies Date Description Action
2 5/24/05 Balboa Marina Bulkhead Repair Project Plan Sheets
10317 Sheets C-01 through C-14
1 05/06/05 California Coastal Commission Exemption Letter
I I Reference No. 05-05-059-X dated May 6, 2005
Remarks:
Please find the above referenced information for review and approval. Please contact our office with
any questions.
Quantity of copies transmitted to:
Trans Aft
1 1 File
1 Ken Johnson
Concept Marine Associates, Inc. * 6700 East PCH, Suite 201 - Long Beach, CA 90803 - Tel 562.594.6974 * Fax 562.594.6975 - www.conceptmarine.com
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
This is to certify that this location and/or proposed project has been reviewed by the staff of the
Coastal Commission. A coastal development permit is not necessary for the reasons checked
below:
The site is not located within the coastal zone as established by the California Coastal
Act of 1976, as amended.
The proposed development is included in Categorical Exclusion No. adopted by
the California Coastal Commission.
The proposed development is judged to be repair or maintenance activity not resulting in
an addition to or enlargement or expansion of the object of such activities and not
involving any risk of substantial adverse environmental impact (Section 30610(d) of
Coastal Act).
The proposed development is an improvement to an existing single family residence
(Section 3061 0(a) of the Coastal Act) and not located'in the area between the sea and
the first public road or within 300 feet of the inland extent of any beach (whichever is
greater) (Section 13250(b)(4) of 14 Cal. Admin. Code).
103 27- 916 0 -42 4 0 2
EXEMPTION LETTER IRECEIVED
M X,,' -10 2005
Date:
May 6, 2005
Reference Number:
5-05-059-X CMA
Applicant Name:
The Irvine Company
Project Location:
201 East Coast Highway, Newport Beach (Orange County)
Project Description:
The proposed project consists of repair of approximately 2,000 linear
feet of a concrete sheetpile bulkhead located at the Balboa Marina.
J:M: leLl
well as, the waterside and top surface of the concrete cap. More
specifically, the project entails: 1) concrete spall repair applied by hand
patch or trowel; 2) concrete spall repair by form and pour or cast—in-
place; 3) anti -corrosion coating of reinforcing steel; 4) concrete crack
repairs by epoxy injection; 5) application of migrating corrosion
inhibitor; and 6) routhing and sealing of all joints between the concrete
sheet piles. Concrete sealants will be used for the bulkhead repair.
Most repairs will take place under dry condition, coordinated with low
tide levels. Repairs will take place from the landward side above the
bulkhead using an articulating crane and from the water, when
necessary, whera obstructions adjacent to the bulkhead preclude
access. About 25% of the repairs would need to be performed from
the water side of the . bulkhead and this.*.will be done by utilizing an
approximate 3'x 9 floating platform. 'No debris shall be allowed to fall
onto the docks, boats, or to enter the harbor waters. All debris
resulting from construction will be removed from the site and properly
disposed of.
This is to certify that this location and/or proposed project has been reviewed by the staff of the
Coastal Commission. A coastal development permit is not necessary for the reasons checked
below:
The site is not located within the coastal zone as established by the California Coastal
Act of 1976, as amended.
The proposed development is included in Categorical Exclusion No. adopted by
the California Coastal Commission.
The proposed development is judged to be repair or maintenance activity not resulting in
an addition to or enlargement or expansion of the object of such activities and not
involving any risk of substantial adverse environmental impact (Section 30610(d) of
Coastal Act).
The proposed development is an improvement to an existing single family residence
(Section 3061 0(a) of the Coastal Act) and not located'in the area between the sea and
the first public road or within 300 feet of the inland extent of any beach (whichever is
greater) (Section 13250(b)(4) of 14 Cal. Admin. Code).
103 27- 916 0 -42 4 0 2
Page 2 of 2
The proposed development is an improvement to an existing single family residence and
is located in the area between the sea and the first public road or within 300 feet of the
inland extent of any beach (whichever is greater) but is not a) an increase of 10% or
more of internal floor area, b) an increase in height over 10%, or c) a significant non-
attached structure (Sections 3061 0(a) of Coastal Act and Section 13250(b)(41 of
Administrative Regulations).
The proposed development is an interior modification to an existing use with no change
in the density or intensity of use (Section 30106 of Coastal Act).
The proposed development involves the installation, testing and placement in service of
a necessary utility connection between an existing service facility and development
approved in accordance with coastal development permit requirements, pursuant to
The proposed development is an improvement to a structure other than a single-family
residence or public works facility and is not subject to a permit requirement (Section
13253 of Administrative Regulations).
The proposed development is the rebuilding of a structure, other than a public works
facility, destroyed by natura ' I disaster. The replacement conforms to all of the
requirements of Coastal Act Section 3061 0(g). . 1b .
_X_ Other: The proposed development does not result in repair or maintenance activities of
a seawall revetment that would require a coastal development permit as discussed in
Section 13252 (a)(1) of Administrative Regulations (Repair andwaintenance of Activities
Requiring a Permit).
Please be advised that only the project described above is exempt from the permit requirements of
the Coastal Act. Any change in the project may cause it to lose its exempt status. 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 coastal development permit is obtained.
Sincerely,
PETER M. DOUGLAS
t-ernie 6y� I
Coastal fto,&am Analyst
RECEIVED
M AN' kr 0 2 0 0 5
H:\fsy\Exemptions\ApriIO5\5-05-059-['rhe Irvine Company]X(NB)
CMA
916 0 21 4 0 2
I Ali
W
THE IRVINE COMPANY
HandDefivered
February 22, 2005
Mr. Tom Rossmiller
The City of Newport Beach
Harbor Resources Division
629 Harbor Island Drive
Newport Beach, CA 92660
RE: Approval In Concept for Balboa Marina Reconstruction
Dear Tom:
Further to our Approval In Concept application submitted under cover of my letter to you dated
July 29, 2005, please find attached two copies of the following documents in support of the
application:
I - Environmental Information Fonn, prepared by Bonterra Consulting, signed on 2/22/05
2. Biological Survey & Assessment, prepared by TetraTech, dated November 2004
3. Eelgrass Survey, prepared by TetraTech, dated October 2003
4. Geotechnical Investigation Report, prepared by Ceotechnical Professionals Inc., dated
2/6/04
5. Two additional copies of the Existing and Proposed Dock Layouts
Kind regards,
s Marsh
VP, Project Management
Commercial Property Development
Enclosures (10)
550 Newport Center Drive, Newport Beach, California 92660-7011 * (949) 720-2000
( Sz --Z cif
APPENDIX B
LOCAL AGENcy REVIEw FORM
SECTION A (To BE COMPLETED BY APPLICANT)
Applicant The Irvine Company
Project Description The repair of approximately 2,000 linear feet of concrete sheetpile bulkhead on
the north side of the Balboa Marina
Location Southerly of Pacific Coast Highway and westerly of Bayside Drive in Newport
Beach.
Assessor's Parcel Number 050451-55 Book 50 Page 45
SECTION B(TO BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTIO I N DEPARTMENT)
Zoning Designation
R C, -
(Re, teativ),Q I 11,5r. r1Z. 69MA"o-60, du/ac
General or Community Plan Designation du/ac
Local Discretionary
Approvals
Proposed development meets
all zoning requirements and needs no local permits other than building
permits.
Proposed development needs,
local discretionary approvals noted below.
Needed
Received
El
El
Design/Architectural review
El
1:1
Variance for
0
El
Rezone from
El
1:1
Tentative Subdivision/Parcel Map No.
Grading/Land Development Permit No.
Planned Residential/Commercial Development Approval
El
0
Site Plan Review
0
1:1
Condominium Conversion Permit
El
D
Conditional, Special, or Major Use Permit No.
0
F�
Other
CEQA Status
0�1 Categorically Exempt Class /530 /aCG Item
EJ Negative Declaration Granted (Date)
El Environmental Impact Report Required, Final Report Certified (Date)
F-1 Other
Prepared for the City/County of �"Rc-rt 3e<aJ)h1
Date 8— Z� — (91 1 Title
Revised 9/9/03
TO REPAIR EXISTI
BULKHEAD WALL
DATUM: MLLW
VICINITY MAP
ADJACENT PROPERTY OWNERS:
SEE UST THE IRVINE COMPANY
1550 NEWPORT CENTER DRIVE
IN: NEWPORT BEACH
AT: BALBOA MARINA
COUNTY OF: ORANGE
APPLICATION BY: THE IRVINE COMPANY
4
"#Vll I � W. TV - I vvru." il%V-F-rvf%.-j
PURPOSE: TO REPAIR EXISTING
BULKHEAD WALL PLAN VIEW
0 100 200 400
DATUM: MLLW IN: NEWPORT BEACH
FEEI' AT. BALBOA MARINA
ADJACENT PROPERTY OWNERS: COUNTY OF: ORANGE
SEE LIST THE IRVINE COMPANY APPLICATION BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH. CA. 92660 SHEET 2 OF 4
EL f9 MLLW
SPALL TO BE
REPAIRED`\
O" HIGH FENCE
-
/--AC PAVED PARK/NG LOT
/
�
f5'41 k4HHYV ----'
uu
2'x3^ REINFORCED ^
< CONCRETE CAP
0 1 1 ROD --�
+
COATED WITH AND ENCLOSED
|N PVC
-2.35 LOWEST
_L
OBSERVED
/ .
REINFORCED CDNCRETESKET PILE '
21' LONGx 3`-10° VN&F x 10° THICK
PANELS VARY IN
EXISTING BOTTOM SHEET PILE EMBEDDED INTO CAP
WALL SECTION A
`
41
� « .
'y -
WATERSIDE
JOINT SEAL
SHEET PILE SECTION B
PURPOSE: TO REPAIR EXISTING SECTIONS
BULKHEAD WALL
DATUM: WLUN FEET IN: NEWPORT BEACH
AT: BALBOA MARINA
ADJACENT PROPERTY OWNERS: ORANGE
SE[ LIST THE IRVINE COMPANY APPUCATIDN.BY- THE IRVINE COMPANY
U 0550 NEWPORT CENTER DRIVE U 0
� �NEWPORT BEACH. CA. 92660 SHEET 4 OF 4 �
11/08/2004 17:09 15625946975
1
Fmanning
VWgn
........ ... raflatmMllon management
10327/0174/2401
Via Facsimile Q "I
cover + 5
November 8, 2004
Mr. Tom Rossmiller
Manager
Harbor Resource Division
CITY OF NEWPORT BEACH
829 Harbor Island Ddve
Newport Beach, CA 92660
Tel: (949) 644-3041
Fax., (949) 723-0589
CMA PAGE 01/06
Subject: Balboa Marine Bulkhead FIppair Prolect
Dear Mr. Rossmiller
Enclosed, please find the recorded Notice of Exemption filed with the County Clerk of Orange for the Balboa
Marina Bulkhead Repair Project.
On behalf of Chuck Garrison, we thank you and your staff for helping to expedite this information and for
assistance in the permitting process.
We will continue to keep you informed of any progress. In the meantime, should you have any questions,
oleasiv do not hesitate to call.
I
4ryoads a
1 6;
Assistant n ructon Manager
Attachments
Cc: Central File
Concept MaNne Associates, Inc. El Segundo, CA 90245 -s Tel 310.615,4555 a Fax 310.615.4538 * www&9nopIrmarine,com
J�
11/08/2004 17:09 15625946975
1
Notice of Exemption
To, r -I
am
Office of Planning and Research
PO Box 3044,1400 Tenth Street, Room 212
Sacramento, CA 95812-3044
qounty Clerk Orange
County of '
ProjeCtIrItI&
Palboa Marina bulkhdad'Repi�ir
Project Location - Specific:
201 East Coast Highway
Newport Beach, califorrfia 92660
CMA PAGE 02/06
10 32 7A 142 - 2 4 0 1
Form D
From: (Public Agency) !2Cz74I
21)
pr- -.0
Recorded in official Records. Orange CountY
Tom Daly, Clerk -Recorder
IIIN NIU111111111111 IIIIIIINIIIINNIII 43.00
200485001386 01:47pm 11/03104
90 63 ZOI
0.00 43.00 0.00 0.00 0,00 0.00 0.00 0.00
Project Location - Cit�: Newport Beach Project Location - County: orange
Depeription of Project:
Repairs to the concrete sheetpile, bulkhead wall (seAwall), approxitately 2,000 teat in
length, an the north side of- the Balboa Marina. The repairs will consist of
mitigating concrete spalj�ng and cracks, and applying steel corrosion inhibitor,
routing and sealing of joints between the bulkhead pariels-
Name of Public Agency Approving Projeot:
Name Qf Pe!rsQn or Agency Carrying Out Project- 2E ZnLJ'
EXAmptStatus;' (checkone) 5-
0 Ntinisterial (Sec. 21080ftl); 15268); y7o 2 e.
Declared Emergency (See. 21080(b)(3),.15269(a));
EJ Emergency Project (Sec, 21 080(b)(4). 15269(b)(o)),,
JZ CategoricalExemption. State type and section number. Sec. 15�01' Class I(d)
E] Statutory Exemptions. State code number:
Reasons why project is exempt:
This is an existing reta�ning* structure which is exhibiting detetioration in various
locations. The projact is to repair the substandard areas in order to extend the
usable life of the structure and to ensure that it conforms to current standards of
public safety.
Lead Agency
Contact Person: III ZQZr,-J I Area CodwTelephone/Extension:(qD) Ln
ALI
If filed by applicant
I . Attach certified document of exemption finding.
2, Has a Notg" of Exemption been filed public agency approving the project? E] Yes JZ No
i7
Signature: Date: -0 V Title: �d.rbC�- JZZSMITWCI
C) Signed by Lead Agency Date received for fffing at OPR:
FILEVSigaed by Applicant POSTED Jwwary 2004
NOV 0 3 2004 NOV 0 3 M 27
11/08/2004 17:09 15625946975
PROJECT c/
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PALES
FILED
NOV 0 3 2004
TOM DALY. CLERK -RECORDER
BULKHEAD WALL
DATU M: Mt LW
ADJACENT PROPERTY OWNERS:
SEE LIST
CMA PAGE 03/06
VICINITY- MAP
THE IRVINE COMPANY
550 NEWPORT CEN'T'ER DRIVE
NEWPORT BEACH, CA. 926,
m
POSTED
NOV 0 3 2004
TOM DALY. CLM-AECOMER
DEpIJTiY
mi
IN: NEWPORT BEACH
AT: BAL80A MARINA
COUNTY OF: ORANGE
APPUCKnON BY: THE IRVINE COMPANY
SHEET 1 OF 4
11/08/2004 17:09 15625946975
CMA PAGE 04/06
S71
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LIMITS OF WEST WALL R�PARS
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V
POSTED FILED
NOV 0 3 M NOV 0 3 20 -N-
TOM DALY, MZW-RW4VSR TOM DALY, CLERK-RMORDER
PURPOSE: TO REPAIR EXISTING PLAN -.-
BULKHEAD WALL
0 100 200 400
DATUM: MLLW I womW IN: NEWPORT BEACH
FEET AT: BALBOA MARINA
ADJACENT PROPERTY OWNERS; COUNlY OF; ORANGE
SEE LIST THE IWNE COMPANY APPLICATION BY- THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE '
INFEWPORT BEACH, CA. 92660 ___lSHEF_T 2 OF 4___ __j
11/08/2004 17:09 15625946975 CMA PAGE 05/06
TYPICAL JOINT TO 7rPICAL SPALL
BE FlLLED TO BE REPAIRED TYPICAL CRACK
TO BE FILLED
TOP OF'PILE CAP T7 GANGWAY 7
+5,41 MHH%h
B
-2-35 LOWEST OBSERVED
MUD LINE
WALL PANEL
FILED
POSTED
tjoV 0 3 20
NOV 0 3 2004
TOM ow
Mm DoLy. a.MK-Rwomm
k-----mpvry
PURPOSE: TO REPAIR EXISTING
WALL ELEVATION
SULXHM WAH
4 -
DATUM. MLLW
FEEr
IN; NEWPORT BEACH
AT. BALBOA MARINA
ADJACENT PROPERTY OWNERS:
OUNTY OF: ORANGE
SEE UST
THE IRVINE COMPANY
ON BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
[APPU
NEWPORT BEACH, CA. 92660
SHEET- 3 OF 4
S
11/08/2004 17:09 15625946975 CMA PAGE 06/06
6' HIGH FENCE
AC PAVED PARKING LOT
EL. +9 MLLW---
Z
7 '-t JV
SPALL TO BE
REPAIRED
+,9.41 M H HW
La
0 . 2'x3' REINFORCED
z CONCRETE CAP
1 1/2"0 STEEL ROD
COATED WITH AND ENCLOSED
I N PVC
—2.35 LOWEST
OBSERVED
REINFORCIED CONCRETE SHEET PILE
THICK
21' LONG x .3'"10' WIDE x 10'
(SOME PANELS VARY IN WIDTH)
EXISTING SHEET PILE EMBEDDED INTO CAP
BOTTOM
WALL SECTION A
FILEIDWATERSIDE
Noy 0
nmm
0. OEFAM-=ING
BULKHEAD WALL
DATUM: M LLW
ADJACENT PROPERTY OWNERS.
SEE UST
'-- JOINT SEAL
SHEET PILE SECTION B
SECTIONS
2 4-
FEEr
THE IRVINE COMPANY
55() NEwpORT CENTER DRIVE
mpwpnpT wrACH. CA. 92660
4-
4
TE D
NOV 03 w
=M0&Y.aW-R=W9l
IN: NEWPORT BEACH
AT: SAL130A MARINA
COUNTY OF, ORANGE
APPUCA-nON BY.- THE IRVINE COMPANY
4
Id
Id
-4.
FILEIDWATERSIDE
Noy 0
nmm
0. OEFAM-=ING
BULKHEAD WALL
DATUM: M LLW
ADJACENT PROPERTY OWNERS.
SEE UST
'-- JOINT SEAL
SHEET PILE SECTION B
SECTIONS
2 4-
FEEr
THE IRVINE COMPANY
55() NEwpORT CENTER DRIVE
mpwpnpT wrACH. CA. 92660
4-
4
TE D
NOV 03 w
=M0&Y.aW-R=W9l
IN: NEWPORT BEACH
AT: SAL130A MARINA
COUNTY OF, ORANGE
APPUCA-nON BY.- THE IRVINE COMPANY
CITY OF NEWPORT BEACH
HARBOR RESOURCES DIVISION
829 HARBOR ISLAND DR.
NEWPORT BEACH, CA 92660
Office of the Orange County Clerk -Recorder
Memorandum
SUBJECT: Environment Impact Reports
Amendment of "Public Resources Code, Section 21092.3"
Tom Daly
County Clerk -Recorder
12 Civic Center Plaza, Rm 106
PO Box 238
Santa Ana, CA 92702
The attached notice was received, filed and a copy was posted on 11/3/2004
It remained posted for 30 (THIRTY) days.
Tom Daly
County Clerk- der
In and for y of Orange
By: Deputy
Public Resource Code 21092.3
The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report -shall
be posted in the office of the County Clerk of each county in which the project will be located and
shall remain for a period of ^10 days. The notice required pursuant to Section 21092 for a negative
declaration shall be so posted for a period of 20 days, unless otherwise required by law to be posted for
30 days. The County Clerk shall post notices within 24 hours of receipt.
Public Resources Code 21152
All notices filed pursuant to this section shall be available for public inspection, and shall be posted
within 24 hours of receiptin the office of the County clerk. Each notice shall remain posted for a
period of 30 days. Thereafter, the clerk shall return the notice to the local agency with a notation of the
period it was posted. The local agency shall retain the notice for not less than nine months.
of Exemption
To: F� Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 212
Sacramento, CA 95812-3044
County Clerk Orange
County of
Project Title: Balboa Marina Bulkhead Repair
Project Location - Specific:
201 East Coast Highway
Newport Beach, California 92660
Project Location — City: Newport Beach
Description of Project:
Form D
From: (Public Agency) (!Z7"'7A
N). . f - -
t (14!4
hx; 0 ie_
oA
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
200485001386 01:47pm 11/03104
90 63 Z01
0.00 43.00 0.00 0.00 0.00 0.00 0.00 0.00
Project Location — County: orange
Repairs to the concrete sheetpile,bulkhead w'all(seawall), approximately 2,000 feet in
length, on the north side of the Balboa Marina. The repairs will consist of
mitigating concrete spalling and cracks, and applying steel corrosion inhibitor,
routing and sealing of joints between the bulkhead panels.
Name of Public Agency Approving Project:
Name of Person or Agency Carrying Out Project: pa
. ki
ExemptStatus: (checkone)
F1 Nfinisterial (See. 21080(b)(1); 15268);
/U
[:] Declared Emergency (See. 21080(b)(3); 15269(a));
E] Emergency Project (See. 21080(b)(4); 15269(b)(c));
0 Categorical Exemption. State type and section number:
Fj Statutory Exemptions. State code number:
Reasons why project is exempt:
Sec. 15301, Class 1(d)
This is an existing retaining"structure which is exhibiting deterioration in various
locations. The project is to repair the substandard areas in order to extend the
usable life of the structure and to ensure that it conforms to current standards of
public safety.
Lead Agency
Contact Person: 10 ill RULPII IQ;�_ Area Codel'felephone/F-xtension:(qfi)
�_ W
If filed by applicant:
1. Attach certified document of exemption finding.
2.HasaN1ot1'eq f Exemption been filed b public agency approving the project? E] Yes W1 No
Signature: &k4-, &Zz!� Date: 0 Title: �d rb 0,,
[] Signed by Lead Agency
FILED, Signed by Applicant
NOV 0 3 2004
Date received for filing at OPR:
POSTED
NOV 0 3 M
na NLY, AMWDFA
--mum
January 2004
27
FILED
NOV 0 3 2004
TOM DALY, C RK ECORDER
BYE Zi DEPUTY
BULKHEAD WALL
DATUM: MLLW
ADJACENT PROPERTY OWNERS:
SEE LIST
VICINITY. MAP
THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA. 92660
m'
POSTED
NOV 0 3 2004
TOM DAL K -R ORDER
BY DEPUTY
IN: NEWPORT BEACH
AT: BALBOA MARINA
COUNTY OF: ORANGE
APPLICATION BY: THE IRVINE COMPANY
SHEET 1 OF 4
_Z'
; 't
p".
OL_
T% 10"-ftNA
0�
MIS OF WEST WALL REPAJRS
0
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Ar
0 5 ti r, j I
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X
W
POSTED FILED
NOV 0 3 20M NOV 0 3 2004
MM DALY, ERK-,RECORDEFI TOM DALY, CLERK-VECORDER
BY- -DEPUTY By_ -DEPUTY
ruKt'uz)t: lu Ktt'AiK LAIZk I INU PLAN VIE
BULKHEAD WALL
0 100 200 400
DATU M: M LLW - 1 m6" IN: NEWPORT BEACH
EET AT. BALBOA MARINA
ADJACENT PROPERTY OWNERS: COUNTY OF: ORANGE
SEE LIST THE IRVINE COMPANY APPLICATION BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE '
INEWPORT BEACH, CA. 92660 ISHEET 2 OF 4
TYPICAL JOINT TO TYPICAL SPALL
BE FILLED TO BE REPAIRED TYPICAL CRACK
TO BE FILLED
TOP OF PILE CAP/ T7 GANGWAY 7
45.41 MHHW
—2.35 LOWEST OBSERVED
MUD LIN�_
WALL PAN . ELV
FILED POSTED
NOV 0. 3 20 NOV 0 3 2004
TOMDA�ffff ECORDER TOM ORDER
DEPUTY
PURPOSE: TO REPAIR EXISTING WALL ELEVATION
BULKHEAD WALL
0 2 4 a
DATUM: MLLW IN: NEWPORT BEACH
FEET AT: BALBOA MARINA
ADJACENT PROPERTY OWNERS: OUNTY OF: ORANGE
SEE LIST THE IRVINE COMPANY APPLICATION BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA. 92660 SHEET 3 OF 4
EL. +9 MLLW
SPALL TO BE--N;��
REPAIRED
6' HIGH FENCE
AC PAVED PARKING LOT
+5.41 MHHW
Ld
2'x3' REINFORCED
z
CONCRETE CAP
1 1/2-0 STEEL ROD
COATED WITH AND ENCLOSED
I N PVC
—2.35 LOWEST
OBSERVED
REINFORCED CONCRETE SHEET PILE
21' LONG x 3'— 10" WIDE x 10"* THICK
(SOME PANELS VARY IN WIDTH)
EXISTING BOTTOM' SHEET PILE EMBEDDED INTO CAP
WALL SECTION A
FILED WATERSIDE
Nov o 3 0
wR""ffr=I ING
-6ULKHEAD WALL
DATU M: M LLW
ADJACENT PROPERTY OWNERS:
SEE UST
41
4
.4.
FILED WATERSIDE
Nov o 3 0
wR""ffr=I ING
-6ULKHEAD WALL
DATU M: M LLW
ADJACENT PROPERTY OWNERS:
SEE UST
'*� JOINT SEAL POSTED
SHEET PILE SECTION B NOV 03 m
SECTIONS
0 2 4 8
FEET IN: NEWPORT BEACH
AT- BALBOA MARINA
COUNTY OF: ORANGE
THE IRVINE COMPANY APPLICATION BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA. 92660 -SHEET 4 OF 4
41
4
.4
'*� JOINT SEAL POSTED
SHEET PILE SECTION B NOV 03 m
SECTIONS
0 2 4 8
FEET IN: NEWPORT BEACH
AT- BALBOA MARINA
COUNTY OF: ORANGE
THE IRVINE COMPANY APPLICATION BY: THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA. 92660 -SHEET 4 OF 4
ATLANTICmMEECO
T H E M a r i n a C o m P a n Y
The Company
Atlantic-Meeco, Inc. is the World's leader in the design and construction of recreational floating
dock facilities. Forty years of experience assure that our floating docks have faced every kind of
marina environment. There are over 2,500 Atlantic-Meeco facilities in the U.S. and abroad.
Scope of the Compan
We are a full service company with over 110 employees. This assures that skilled, qualified
personnel will be involved in every aspect of your marina from design stages to completion of
on-site assembly.
We have a modem 10 acre manufacturing facility with a demonstrated capacity to produce up to
1,000 slips per month (25,000 SF per week). The advantage to you is that your project will be
constructed in a quality controlled atmosphere within the time element you need.
Unit Responsibility
We design and build all components of the floating docks providing only one supplier to contact.
The responsibility and liability will not be shifted from one company to another. For example:
Float Manufacture - We rotationally mold our own polyethylene encased floats. Our
floats have been in use for over 20 years and are recognized as the industry's best.
Roofing Manufacture - We roll form our own roofing panels. Our Super Span roof panels
are specifically designed for marina applications.
Concrete Decking - We manufacture attractive concrete deck panels with rock aggregate
finish using the latest in technological advances and techniques.
Financial Stability
Atlantic-Meeco, Inc. is a healthy company with a strong financial standing. For banking reference
please contact:
Mr. Roi Nelson, Executive Vice President of First National Bank & Trust, P.O. Box 948,
McAlester, OK 74501. Phone 918-426-0211
0. BOX MR 1501 fost 60ve Sffpe 80oloyff[d R18 429 939
&41esler OfthoIna 119 74502 MY IgMleslet, Oklahoma LIS4 74501 Solos fay P19 423 3215
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
Q X&
I"
'j-0ro'. 1 -
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
CALIFORNIA RECREATION CO - BALBOA MARIT
ATTN: JAMES NULLS
1137 BAYSIDE DRIVE
NEWPORT BEACH, CA 92625
Dear Commercial Pier Permittee,
Permit number: HC2004-020
Location : 201 E COAST HWY
Status: CLOSED
10/22/2004
� �' 2- - '�- 01
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
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THE IRVINE COMPANY
LETTER OF
TRANSMITTAL
To: Tom Rossmiller, Harbor Resources Division
cc:
From: Chris Marsh
Date: August 25 th 2004
RE: BALBOA MARINA PROPOSED RECONSTRUCTION
Back Down Ratio Exhibit
We are forwarding to you via:
x mail
messenger
— blueprinter
hand delivered
— pick-up
overnight
under separate cover
COMMENTS:
Tom:
Status:
approved
to be corrected as noted
to be re -submitted
x for your review & comment
for your action
as requested by you
for your use/information
Further to our telephone conversation earlier today and specifically your request for clarification
of the back down ratio, please find enclosed two copies of CMA's exhibit dated 1/19/04.
I look forward to hearing from you in due course.
Kind regards,
e� 'r
Chris Marsh
P. 0. Box 6370, Newport Beach, California 926586370 ! [949] 720-2258! FAX [949] 720-2161
00ba
1W
THE IRVINE COMPANY
June 21, 2004
Tom Rossmiller
Harbor Resources
629 Harbor Island Drive
Newport Beach, CA 92660
Re: Approval in Concept for Balboa Marina
Dear Tom:
As you may be aware from previous conversations with our representatives, Bellport
Group, the current configuration of docks at Balboa Marina have reached the end of their
useful life and now require replacement. Given that the docks are presently deteriorating
beyond repair, we would like to begin the process by submitting the attached documents
for your review and "Approval in Concept".
Attached are drawings, which show the existing and proposed marina layouts and a
project description by Concept Marine Associates (design engineers) as well as the
eelgrass and caulerpa taxifolia survey, which has been prepared by Sarah Me Fadden of
Tetra Tech.
Please feel free to contact us should you have any questions or if we can be of further
assistance in this regard.
Best Regards,
Chris sh
Director, Project Management
Commercial Property Development
Investment Properties Group
CM/se
Attachments
U:\MYDOCS\Marsh\Balboa Marina\Tom Rossmiller Approval in ConceptrequestAndoc
550 Newport Center Drive, Newport Beach, California 92660-7011 * (949) 720-2000
Concept Marine Associates
June 9, 2004
10327/0148/1303
Programming
Planning
Design
Construction Management
Balboa Marina
Reconstruction Project
Proiect Description, Pile Count -and Square Footage
The existing marina was built in 1964. It has 67 guide piles which maintain position and
location of the 27,550 square feet of floating structures for approximately 132 boat slips. The
existing marina has extended its useful life. This is evident from numerous deficiencies in the
marina including decay of the concrete floats which had to be covered with plywood to
maintain smooth surfaces.
A new marina is planned to efficiently accommodate a broader mix of approximately 49
vessels than can be moored in the existing marina. The new marina is planned to have 88
guide piles which are necessary to support higher mooring loads. The new marina is planned
to have 29,008 square feet of concrete floating structures to accommodate the service
requirements of larger vessels. The new floating structures will consist of 5 and 6 feet wide
slip fingers perpendicular to the shore connected to an 8 feet wide walkway parallel to the
shore. The floating structures will meet ADA requirements with appropriate gangways. Slips
will have accommodations for lighting, electrical power, water supply, communications
hookups, and fire fighting capability. The new marina is planned to have a pump out facility to
accommodate boat holding tanks.
Concept Marine Associates, Inc. - 6700 E. Pacific Coast Hwy., Suite 201 - Long Beach, CA 90803 - Tel 562.594.6974 - Fax 562.594.6975
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BALBOA MARINA
1/19/04 RENIN
NEWPORT BEACH, CALIFORNIA ��L,110� R--
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EXISTING MARINA Concept Marine A�Iatm
C4 BELLPORT GROUP
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BALBOA MARINA
1 --4
NEWPORT BEACH, CALIFORNIA
TC 13645-01
Balboa Marina
Eelgrass Survey
mm -
Prepared For: Prepared By:
Bellport Group Tetra Tech, Inc.
101 Shipyard Way
Newport Beach, California 401 East Ocean Blvd., Suite 810
Long Beach, California
PROJECT STAFF
Project Manager
Fernando L. Pag6s, P.E.
Marine Scientist
Sarah E. McFadden
Technicians
Rafael Holcombe
Robert Yates
Graphics
Ike Chang
TABLE OF CONTENTS
SECTION PAGE
ProjectBackground ............................................................................................. 1
Eelgrass Survey Methods ................................................................................... 1
Eelgrass Survey Results ...................................................................................... 4
Discussion............................................................................................................ 4
FIGURES
Figure 1: Site Vicinity Map ........................................................................................ 2
Figure 2: Plan View of Balboa Marina ...................................................................... 3
TABLES
Table 1: Eelgrass Results ............... .......................................................................... 4
Table 2: Eelgrass Mitigation ..................................................................................... 5
APPENDICES
Appendix A Southern California Mitigation Policy
Appendix B Caulerpa taxifolia Reporting Form
I
Eel,grass Survey of Balboa Marina, Newport Beach, California, October 2003
INTRODUCTION
The site is located at Balboa Marina in Newport Beach, California (Figure 1). The property owner
intends to replace a floating dock system in order to accommodate larger vessels. The existing
docks will be removed and the proposed docks will be installed in a different configuration. The
proposed docks would be located within the existing pierhead lines where existing docks are
located. In addition, the existing piles will be pulled and new piles driven at new locations. In order
to determine the impact this project would have on eelgrass (Zostera marina) Tetra Tech, Inc. was
contracted to conduct an eelgrass survey.
METHODS
Biologist -divers from Tetra Tech conducted an eelgrass mapping survey of Balboa Marina October
14 1h and 15 1h , 2003. The area surveyed incl ' u ' des the area between the bulkhead that runs along the
north and northeast boundaries of the marina and the southern Pierhead Line as indicated on the
Assessor's Map 050-45. The west end of the survey area is the U.S. 533 Pierhead Line and the
east end is bounded by the bridge to Linda Isle (See Figure 2). The survey area is approximately
1500 -ft by 200 -ft and includes the project footprint and surrounding area where equipment anchors
may be placed or dredging may occur. Field data collected include distribution and density of
eelgrass in the project area.
The project area was also surveyed for Caulerpa taxifolia in accordance with the Caulerpa Control
Protocol prepared by National Marine Fisheries Service and California Department of Fish & Game.
The purpose of the survey is to determine the presence or absence of Caulerpa taxifiblia prior to
construction activities. Caulerpa taxifolia is a non-native alga that poses a threat to coastal marine
life. It has been found in Carlsbad and in Huntington Harbour. Currently Newport Harbor is not
designated as an infected system.
One scientific diver, experienced in eelgrass ecology and able to identify Caulerpa taxifolia, swam
along the bottom in transects perpendicular and parallel to the bulkhead using a compass and
m,easuring tapes. Transects were run parallel at distances of six to ten feet apart depending on
visibility. During the survey, underwater visibility was approximately 5 to 10 feet. Depths in the area
surveyed ranged from —2 ft to —9 ft mean lower low water.
The information on distribution of eelgrass was digitally plotted, to scale, using AutoCAD 2002
software. In addition to a single drawing showing all properties (Figure 2).
TETRA TECH, INC. Page 1
13
T-7_�
.7 7:T
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
!. - -8 . . . . . . . - . . .... ........
-4 ....
.... ..... ...
.... ... . ..... ....
... .............. ..........
........ ....... 4.. ........ ......
......... .......... .............
..........
... ................ 4 .......
-2
PAHM4 -2
. . . . . . . . . . . .
.. .......
.... ...... .. .
Table 1. Eelgrass and Coulerpe taxifafla area by location in Balboa Marina, Newport Beach,
... .........
October 2003. .. .........
............. .. .
Eelgrass (Zostera marina) ......... ....... . . . . . .
Area Surveyed Eelgrass Area Caulerpa
taxffolia
North (Dock) Area Surveyed Location (ft')
Channel Area Surveyed RAtwtapn Kle%rfh RidkhAnrl nnri
W E
0 100 Feet
SCALE
OW
FIGURE 2
Eekgrass Survey of Balboa Marina, Newport Beach, Califomia, October 2003
RESULTS
Results of the eelgrass survey indicate that eelgrass occurs primarily in the navigation channel in
the eastern portion of the area surveyed (Figure 2, Table 1). The total area of eelgrass found within
the survey area was 734 M2 (7,906 ft2) . A total of 97 percent of the eelgrass occurs in the
navigation channel. Sections of the two largest beds, in the navigation channel and comprising
46. 8M2 (504 ft2), are located south of the southern pierhead line. Several small patches comprising
19 M2 (209 ft2) were found between the north bulkhead and the pierhead line where docks are
presently located. Eelgrass beds were generally patchy and eelgrass patch size ranged from 0.2 M2
to 144 M2 (F i g u re 2) /1.
Table 1. Eelgrass and Caulerpa taxifolia area by location in Balboa Marina, Newport Beach,
October 2003.
Location
Area Surveyed
(ft) (M)
Eelgrass Area
(ft) (M)
Caulerpa
taxifolia
Between North Bulkhead and
North Pierhead Line (Dock Area)
140,385
13,043
209
19
0
Navigation Channel
142,100
13,202
7,697
715
0
Totals
282,485
26,244
7,906
734
0
DISCUSSION
telgrass habitat has been identified as a sensitive marine resource by the C�-Iifornia Department of
Fish and Game, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service.
Eelgrass beds serve as refuges, foraging areas, and nursery habitats for various coastal and bay
invertebrates and fishes.
The area of potential eelgrass habitat within the survey area is limited by factors such as shading,
which is due to the location of docks and adjacent structures. The existing docks directly shade
portions of the area adjacent to the bulkheads thus precluding eelgrass growth. Water clarity and
tidal circulation also affect the ability ofeelgrass to grow in an area. The visibility observed during
the surveys was between 5 and 10 feet, which is typical for the area. When the dock system is
reconfigured, it will impact eelgrass that lies within the footprint of the new docks. A small amount
of eelg rass (15 ft2) occurs to the west of the proposed dock system adjacent to the riverboat. This
eelgrass is not likely to be imp " acted by the proposed project. Care should be taken to avoid
impacting this eelgrass during construction activities.
TETRA TECH, INC. Page 4
EeWass Survey of Balboa Marina, Newport Beach, California, October 2003
Eelgrass occurs predominantly in the navigation channel at depths of minus 6 -ft MLLW or
shallower. If dredging takes place throughout the navigation channel, most of the existing eelgrass
would be impacted. Portions of the two largest beds comprising approximately 500 ft2 are located
south of the southern pierhead line and could be avoided during dredging.
Table 2. Anticipated eelgrass impacts and mitigation requirements in Balboa Marina,
Newport Beach, October 2003.
Location
Total Area
(M)
Protected Area
(ft) (M)
Impact Area
(fe) (M)
Minimum
Mitigation Area (1.2 to 1)
(ft) (M)
Between North Bulkhead and
North Pierhead Line (Dock Area)
19.0
15
1.4
194
18.0
232.8 21.6
Navigation Channel
7,697
715.0
504
46.8
7,193
668.3
8,631.6 802.0
Totals
7,906
734.0
519
48.2
7,387
686.3
8,864.4 823.6
CONCLUSION
Eelgrass is in the proposed project area is likely to be impacted as a result of dock reconfiguration
and associated dredging. The distribution of eelgrass is somewhat patchy It grows in small
patches in the area between the north bulkhead and the pierhead line with the larger patches
growing in the navigation channel. A total of 734 M2 (7,906 ft2) Was mapped in the project area.
The anticipated loss oi eelgrass as a result of the proposed project is 686.3 M2 (7,387 ft2) (Table 2).
The proposed dock system would impact 18 M2 (194 ft). Dredging the navigation channel between
the pierhead lines would result in an impact to 668.3 M2 (7,193 ft2 ). Design and construction
alternatives can be employed to minimize the amount of affected eelgrass habitat.
The reduction in acreage of eelgrass habitat must be mitigated according to State and Federal
environmental policies, which include the replacement, in kind, of these habitat types. According to
the Policy, a minimum of 1.2 to 1 mitigation is required. If the total impact is 686.3 M2 (7,387 ft2) at
least 823.6 M2 (8,864.4 ft2) must be transplanted as mitigation (Table 2). However, it is
recommended to mitigate at a ratio of 1.4 to 1, which would be a total of 960.8 M2 or 10,342 ft2 A
copy of the Southern California Eelgrass Mitigation Policy is included in Appendix A.
.N TETRA TECH, INC. Page 5
APPENDIX A
Southern California Eelgrass Mitigation Policy (Rev. 8)
SOUTHERN CALIFORNIA EELGRASS MITIGATION POLICY
(Adopted July 31, 1991)
Eelgrass (Zostera marina) vegetated areas function as important habitat for a variety of fish and other
wildlife. In order to standardize and maintain a consistent policy regarding mitigating adverse
impacts to eelgrass resources, the following policy has been developed by the Federal and State
resource agencies (National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the
California Department of Fish and Game). This policy should be cited as the Southern California
Eelgrass Mitigation Policy (revision 8).
For clarity, the following definitions apply. "Project" refers to work performed on-site to accomplish
the applicant's purpose. "Mitigation" refers to work performed to compensate for any adverse
impacts caused by the "project". "Resource agencies" refers to National Marine Fisheries Service.
U.S. Fish and Wildlife Service, and the California Department of Fish and Game.
1. Mitigation Need. Eelgrass transplants shall be considered only after the normal provisions and
policies regarding avoidance and minimization, as addressed in the Section 404 Mitigation
Memorandum of Agreement between the Corps of Engineers and Environmental Protection Agency,
have been pursued to the fullest extent possible prior to the development of any mitigation program.
2. Mitigation Map. The project applicant shall map thoroughly the area, distribution, density and
relationship to depth contours of any eelgrass beds likely to be impacted by project construction. This
includes areas immediately adjacent to the project site which have the potential to be indirectly or
inadvertently impacted as well as areas having the proper depth and substrate requirements for
eelgrass but which currently lack vegetation.
Protocol for mapping shall consist of the following format:
1) Coordinates
Horizontal datum - Universal Transverse Mercator (UTM), NAD 83, Zone I t -
Vertical datum - Mean Lower'Low Water (MLLW), depth in feet.
2) Units
Transects and grids in meters.
Area measurements in square meters/hectares.
All mapping efforts must be completed during the active growth phase for the vegetation (typically
March through October) and shall be valid for a period of 120 days with the exception of surveys
completed in August - October.
A survey completed in August - October shall be valid until the resumption of active growth (i.e.,
March 1). After prQject construction. a post -project survey shall be completed within 30 days. The
actual area of impact shall be determined from this survey.
I
3. Mitigation Site. The location of eelgrass transplant mitigation shall be in areas similar to those
where the initial impact Occurs. Factors such as, distance from project, depth, sediment type. distance
from ocean connection. water quality, and currents are among those that should be considered in
evaluating potential sites.
4. Mitigation Size. In the case oftransplant mitigation activities that occur concurrent to the project
that results in darna,,e to the existing eelgrass resource, a ratio of 1.2 to I shall apply. That is. foi-
each square meter adversely impacted, 1.2 square meters of new suitable habitat, vegetated with
eelgrass, Must be created. The rationale for this ratio is based on. 1) the time (i.e., generally three
years) necessary for a mitigation site to reach full fishery utilization and 2) the need to offset any
productivity losses during this recovery period within five years. An exception to the 1.2 to I
requirement shall be allowed when the impact is temporar-y and the total area of impact is less than
100 square meters. Mitigation on a on ' e -for -one basis shall �e acceptable for projects that meet these
requirements (see section I I for projects impacting less than 10 square meters).
Transplant mitigation completed three years in advance of the impact (i.e., mitigation banks) will not
incur the additional 20% requirement and, therefore, can be constructed on a one-for-one basis.
However, all other annual monitoring requirements (see sections 8-9) remain the same irrespective of
when the transplant is completed.
Project applicants should consider increasing the size of the required mitigation area by 20-30% to
provide greater assurance that the success criteria, as specified in Section 9, will be met. In addition,
alternative contingent mitigation must be specified, and included in any required permits, to address
situation where performance standards (see section 9) are not met.
5. Mitigation Technique. Techniques for the construction and planting of the eelgrass mitigation
site shall be consistent with the best available technology at the time of the project. Donor material
slyall be taken from the area of direct impact whenever possible, but also should include a minimum
of two additional distinct sites to better ensure genetic diversity of the donor plants. No more than
10% of an existing bed shall be harvested for transplanting purposes. Plants harvested shall be taken
in a manner to thin an existing bed without leaving any noticeable bare areas. Written permission to
harvest donor plants must be obtained from the California Department of Fish and Game.
Plantings should consist of bare -root bundles consisting of 8-12 individual turions. Specific spacing
of transplant units shall be at the discretion of the project appl Icant. However, it is understood that
whatever techniques are employed, they must comply with the stated requirements and criteria.
6. Mitigat ' ion Timing. For off-site mitigation, transplanting should be started prior to or concurrent
with the initiation of'in-water construction resulting in the impact to the eelgrass bed. Any off-site
mitigation project which fails to initiate transplanting work within 135 days following the initiation
of the in -water construction resulting in impact to the eelgrass bed will be subject to additional
mitigation requirements as specified in section 7. For on-site mitigation, transplanting should be
postponed when construction work is likely to impact the mitigation. However, transplanting of on-
site mitigation should be started no later than 135 days after initiation of in -water construction
activities. A construction schedule which includes specific starting and ending dates for all work
includim, miti-ation activities shall be provided to the resource agencies for approval at least 30 days
L_ L_
prior to initiating in -water construction.
7. Mitigation Delay. If. according to the construction schedule or because of any delays. mitigation
cannot be started within 135 days of initiating in -Water construction, the eelgrass replacement
mitigation obligation shall increase at a rate of seven percent for each month of delay. This increase
L_
is necessary to ensure that all productivity losses incurred during this period are sufficiently offset
within five vears.
8. Mitigation Monitoring. Monitoring the success of eelgrass mitigation shall be required for a
period offive years for most projects. Monitoring activities shall determine the area of eelgrass and
density of plants at the transplant site and shall be conducted at 3, 6, 12, 24, 36, 48, and 60 months
after cornpletion of the transplant. All monitoring work must be conducted during the active
vegetative growth period and shall avoid the winter months of November through February.
Sufficient flexibility in the scheduling of the 3 and 6 month surveys shall be allowed in order to
ensure the work is completed during this active growth period. Additional monitoring beyond the 60
month period may be required in those instances where stability of the proposed transplant site is
questionable or where other factors may influence the long-term success of transplant.
The monitoring of an adjacent or other acceptable control area (subject to the approval of the
resource agencies) to account for any natural changes or fluctuations in bed width or density must be
included as an element of the overall program.
A monitoring schedule that indicates when each of the required monitoring events will be completed
shal I be provided to the.resource agencies prior to or concurrent with the initiation of the mitigation.
Monitoring reports shall be provided to the resource agencies within 30 days after the completion of
each required monitoring period.
9. Mitigation Success. Criteria for determination of transplant success shall be based upon a
comparison of vegetation coverage (area) and density (turions per square meter) between the project
and mitigation sites. Extent of vegetated cover is defined as that area where eelgrass is present and
where gaps in coverage are less than one meter between individual turion clusters. Density of shoots
is defined by the number of turions per area present in representative samples within the control or
transplant bed. Specific criteria are as follows:
a. a minimum of 70 percent area of eelgrass bed and 30 percent density after the first year.
b. a minimum of 85 percent area.of eelgrass bed and 70 percent density after the second year.
c. a sustained 100 percent area of eelgrass bed and at least 85 percent density for the third,
fourth and fifth years.
Should the required eelgrass transplant fail to meet the established criteria, then a Supplementary
Transplant Area (STA) shall be constructed, if necessary, and planted. The size of this STA shaf,
be determined by the following formula:
STA = MTA x (JA, + D,J - IA, + D,J)
MTA = mitigation transplant area.
A, = transplant deficiency or excess in area of coverage criterion (%).
D, = transplant deficiency in density criterion (%).
Ac = natural decline in area of control (%).
Dc = natural decline in density of.control (%).
Four conditions apply:
1) For years 2-5. an excess of only up to 30% in area of coverage over the stated criterion with a
density of at least 60% as compared to the project area may be used to offset any deficiencies in the
density criterion.
2) Only excesses in area criterion equal to or less than the deficiencies in density shall be entered into
the STA formula.
3) Densities which exceed any of the stated criteria shall not be used to offset any deficiencies in area
of coverage.
4) Any required STA must be initiated within 120 days following the monitoring event that identifies
a,deficiency in meeting the success criteria. Any delays beyond 120 days in the implementation of
the STA shall be subject to the penalties as described in Section 7.
10. Mitigation Bank. Any mitigation transplant success that, after five years, exceeds the mitigation
requirements, as defined in section 9, may be considered as credit in a "mitigation bank".
Establishment of any "mitigation bank" and use of any credits accrued from such a bank must be
with the approval of the resource agencies and be consistent with the provisions stated in this policy.
Monitoring of any approved mitigation bank shall be conducted on an annual basis until all credits
are exhausted.
11. Exclusions.
1) Placement of a single pipeline, cable, or other similar utility line across an existing eelgrass bed
with an impact corridor of no more than V2meter wide may be excluded from the provisions of this
policy with concurrence of the resource agencies. After project construction, a post -project survey
shall be completed within 30 days and the results shall be sent to the resource agencies. The actual
area of impact shall be determined from this survey. An additional survey shall be completed after 12
months to insure that the project or impacts attributable to the project have not exceeded the allowed
1/2meter corridor width. Should the post -project or 12 month survey demonstrate a loss of eelgrass
greater than the V2 meter wide corridor, then mitigation pursuant to sections I - I I of this policy shall
be required.
2) Projects impacting less than 10 square meters. For these projects, an exemption may be requested
by a project applicant from the mitigation requirements as stated in this policy, provided suitable out -
of -kind mitigation is proposed. A case-by-case evaluation and determination regarding the
applicability of the requested exemption shall be made by the resource agencies.
( last revised 2/2/99)
APPENDIX B
Caulerpa taxifolia Survey Reporting Form
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Site Name:
Balboa Marina, Newport Harbor
11
(common reference)
- -
Survey Contact:
Sarah McFadden
(name., phone. e-mail)
Environmental Scientist
Tetra Tech, Inc,
401 East Ocean Blvd., Suite 810
Long Beach, CA 90802
(562) 495-0495
Permit Reference:
(ACO.IE Pen -nit No., RWQCB
Order or Cert. No.)
Hydrographic System: (bay,
Harbor: Newport Harbor, Newport Beach, California
estuary, lagoon. or harbor)
Specific Location:
(UTM, Lat./Long., daturn. accurac)
Lat 33.615 N, Long 117.904 W to Lat 33-614 N, Long 117.900 W
level, attach electronic survey area
map if possible)
The area surveyed includes the area between the bulkhead that runs
along the north and northeast boundaries of the marina and the southern
Pierhead Line as indicated on the Assessor's Map 050-45. The west
end of the survey area is the U.S. 533 Pierhead Line and the east end is
bounded by the bridge to Linda Isle. The survey area is approximately
1500 -ft by 200 ft.
Yes, Caullerpa was found at -this site and
Was,Caulerpa Detected:
(if Caulerpa is found, please
immediately contact the permitting
agency project staff and NMFS or
has been contacted on date.
CDFG personnel identified above)
X No, Caulerpa was not found at this site.
Description of Permitted
Proposed project consists of reconfiguring marina dock system to
Work:
accomodate larger vessels. Piles and docks will be relocated within
(describe briefly the work to be
existing marina footprint.
con ucted at the -site under the
pen -nits identified above)
Tetra Tech, Inc. Page 1 of 3 Balboa Marina - 10/14-15/2003
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Description of Site:
Depth r�ing.e:
-2ft to' -9 -ft MLLW
(describe the physical and
biological conditions within the
survey area at the time of the
survey and provide insi ' ght into
variability, if known. Please
provide units for all numerical
information).
Szibstrate type: __]F_S0_ftMud
(fine silt)
Temperature:
11-7.00 C
Salinity
F—Normal
Doininantflora:
DondnantAtina:
Eelgrass, red & brown algae
Exotic species
Infaunal clams
None ...
encozintered.-
Other site description
Floating docks & navigation channel
notes:
Tetra Tech, Inc. Page 2 of 3 Balboa Marina - 10/14-15/2003
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Description of Survey
Sitrve.v citile eintl litne
October 14 & 15, 2003
Effort:
P�Hotl:
(please describe the surveys
Between 9:00 am and 3:00 pm PST
conducted including type of survey
(SCUBA, remote video, etc.) and
survey methods employed. date of
work, and Survey density
(estimated percentage of the
bottom actually viewed). Describe
any limitations encountered during
the survey efforts.
Horizonful visibility in
4 to 8 -ft
wuler.,
Surve-v �vlw uncl inethocis:
Two divers using SCUBA swam transects
Survey personnel:
Sarah McFadden
Rafael Holcombe
Robert Yates
Survey -densily:
High Intensity Surveillance
80 % visual coverage
Sztrve.v linfitalions:
Area between north bulkhead and
I
southern pierhead line
Other Information:
Survey conducted in conjunction with an eelgrass (Zostera marina)
(use this space to provide any
survey in which eelgrass was found.
additional information or
references to attached materi als
Eelgrass & Caulerpa Survey Report and Maps Attached
such as maps, reports, etc.)
L —J
Caulerpa Survey Reporting Form (version 1.2, November 22, 2002)
Tetra Tech, Inc. Page 3 of 3 Balboa Marina - 10/14-15/2003
E F 0. 2008, 31: 2 FM
Cash- , &-Associates
CASH & ASSOCIATES 714 895 1291
Date: S6piember 10, 2008 Page I of- 21
To: Lisa Walters
NO. 372 P. I
Facsimlk,�,,i
From: Fred Massabki (— R
Firm: Newport Beach Harbor Resources cc:
Facsimile: 949-723-0589
Subject: Balboa Marina Redevelopment Project - Agency Permits
Message: Lisa,
This fax contains the Coastal Development Pen -nit (6 pages), the Consistency Certification (2 pages), I he
401 Pernift (6 pages), and the 404 Permit Addendum (6 pages) for Balboa Marina. Although the 404
Permit (master permit) has been signed by Dean Kirk of The Irvine Company and filed with the Army
Corps, we do not have a copy and are attempting to procure one fi-om his office. I will fax you a copy
once we receive it. Hopefully, that doesn't delay the review of Balboa Docks and Landside.
Thanks,
Fred
U RS I Cash &Associates
5772 Bolsa Ave., Suite 100
Huntington Beach, CA 92649-1134
Tel: 714,895.2072
Fax: 714.895.1291
www.cashassociates.com
CONFIDENTIALITY NOTICE
The inforrnation in th�o- fagsimile transmission is intended solely for
the stated recipient of this transmission. If you have received this fix
in error, Please notify the sander immecliately by telephone. If you
are not the intended recipient, please be advised that disisaminatioo,
distribution, or copying of the information contained in this fax is
strictly prohibited,
SEP.10,20080 1:31JPM CASH & ASSOCIATES 714 895 1291
NO. 372 P, 2
STATE OF CALIFORNIA - THL R[=L1RCSSAr=NGY ARNOLD MIMRZENEGGM, a0vemor
CALIFORRIA COASTAL �,jMWSSION
South CQa�l Area affizo Page 1 of 6
200 Oceangate, SWte 1000
Lariq,BeacK CA 90$024SO2 Date: June 10, 2008
(W2) 5,90-5071 Permit No: 5-D7-241
CQASTAL DEVELOPMENT PERMIT
On 7 May 20-08, the California Coastal Commission ' granted to The Irvine
Company, Attm Doan lGirk Coastal Development Fernlit 5-07-241, subject to the
attached Standa.rd and Speoial Conditions, for developrhent consisting of:
Demolition af an existing 132 slip, 27,643 sq ft, marina and re -construction of a
now 105 slip, 20,931- sq. ft, marina including a reduction from 67 to 64 concrete
guide piles, now lighting, water supply lines, oornmuffication hook UPS, pump -out
faclifty and fire fighting facilities. Construction of a 7, 8 0 0 sq. ft. e elgrass habitat
M, T"ifidation f6r climct and-poteati-al eelgrasblirnpacts due to dredging actvities
associated with tho prdlect. Improvemenft to existing seawall also proposed,
More specifically described in the applicAtion file in. the Commission officL-s-.
The development is within the coastal zone in,on�nge County at 201 E Coast
Highway, Newport Beach.
Issued on behalf of the Cal.1fornia Qoastal Commission an June 10, 2008.
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
2
By:
Title.� �Co_asta_lProg rain Analyst
The undersigned parmittee acknowledges receipt of this permitand agrees to abide by all
terms and conditions thereof.
The undersigned p:efMittee acknowledges -that Government Code Sectior� 816.4 which
states in pertinent part, that., �A public entity ia not liable for injury caused by the
issuance of any permit applies to the issuance of this permit.
IMPORTANT' THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN R[�TURNED TO THE COMMISS)ON
OFFICE- 14 CAL. ADMIN. CODE SECTION 13158(a)..
0Z 112�ln 2, 1��k
Date Signature of Permittee
11'cLn�_- copy of this form to the Corrirn[Vsian offim at the. al�.Qve
1-4. WK.!
-SEP.10.2008 '�:33PM CASH ASSOCIATES 714 895 1291 NO.172 P. 3
COA.,, TAL DEVELOPMENT PER.AT
No, 5-07-241
Page 2 of 6
STANDARD CONDITIONS
Notice of Receipt prid Aoknowled�qment. The permit Is not valid and '
development shail not commence until a copy of the permit, signed by the
permitte6 or authorized agent, acknowledging receipt of the permit and
acceptance of' -the terms and conditions, is returned to the Commission
office.
2. Expiratio If development Ms notcommrenc�ed, the permit Will expire two
years fr6rn the date on which the Commission voted on the application.
bevelopment shall be pursued in a diligent.manner and.completed in a
�r . easonable -period of -time. Appl1cw-tion--fbr extersion of the permit must be
made prior To the expiration date.
lnte�pretariqn. AnY questilons of intent or interpretation of any condition WII
be resolved by the Executive Director or the Curnmission.
4. AssignMent. The permit may be assigned to -any qualified person, provided
-js-�ignse files Wth the Commission an affidavit aooerflng all terms and
conditions of the permit.
'i. .. Ths�wterrns and condifions shall
Te�ffis and Condtfions Run with the Land,
be perpetual, and it is the, intenfion o.f the- Cormi-nissi0h and the ParmiMe to
bindall future owners and possessors of -the subject piropert� to the terms
and conditions.
SPECIAL CONDIT[ONS.,
1. CONSTRUCTION, RESPONSIBILITIES AND DESIRIS REMOVAL
The permittee shall comply with the following dredging and construction.;,related
requirements:
(a) No, construction materials,.. equipment, debris, or waste shall be
.p[aced or stored where it may be subject to wave/wind erosion and
oispersion;
(b) Any and all debris resulting from cariGtruction activities shall be
removed from the site within 10 days of completion of construction;
(C) Machinery or construction rnatedals not essential for project
improvements *shall not be allowed at any time in the intertidal zone;
SEP,10.2008 3:33PM
CASH & ASSOCIATES 714 895 1291 NO.372 F. 4
C0A_ TAL DEVEL PMENT PER- JT
No. 5-07-241
Page 3 of 6
(d) Sand from the beach, cobble8, or shore[ine rocks shall not be used
for construction material',
(e) If turbid conditions -are generated during construction; a silt curtain
shall be utili;�ed to control turbidity;
Floating booms shall be used to contain debris discharged into
coastal waters and any debris discharged shall be removed as soon
as possible but no later than the end of each day;
Divers shall recover non -buoyant deb - ds discharged into coa-Stal
waters as soon as possible after loss.
2. LOCATION OF DEBRIS DISPOSALS
ORIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the
applicant shali identify ir! writing, for the review and approval of the Executive
Director, the locafton of the disposal site of tl�ie construction debris resulting from
th6 proposed projWt. Disposal shall occur. at the aopr6ved disposal site. Ifthe
dispos.al site is located in the coastal. zone, a. coast-al,development pen -nit or an
amendMarit to this permit shall be required -before disposal can take place.
3. REVISED FINAL PLANS
A. PRIOR TO ISSUANCE OF TME COASTAL OFEVELOPMENT PERMIT, the
applicarit shall submit revised plans to the Executive Director for review atid
approval. The revised. plans shall show the f6llbwing changes to the project:
(a) The site Map shall depict the location (if the proposed marina pump -out
station, and shall include any other updated information.
(b) The plans shaJI depict the location of existing piles to be removed and the
location of the proposed new piles.
B. The revised plans shall, prior,to submittal to the Executive Director, be reviewed
and caMed by a qualified professional to ensure that they are consistent with
the Commission's approval.
C. The permitV.-e shall undertake development in accordance with the approval final
plans. Any proposed changes to the approved'final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur withotca
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is legally required.
SEP.10.2008 1:34FM CASH & ASSOCIATES 714 895 1291 NO.372 P, 5
5 j
GO A-, TAL DE VE L OP ME N'T PE K . J
No. 5-07-241
Page 4 of 6
4. WATER QUALITY MANAG AFNT PLAN (WOMPI
A. prior to issuance of the coastal development permit, the permittee -shall submit for
the review and approval of the Executive Director, two (2) copies of a Final Water
Quality MaTlagement Plan (WQM P) for the post -construction project site, prepared
by a licensed water quality professional, and shall include plans, descriptions, and
supporting calcujatjon�s. Thd WOMP shall be in substantial conformance With the
Water Quarky Manageniant Plan (WQMP) for Balboa Marina prepared by Stantec
dated June 5, 2007. In addition to the specifications above, the plan shall be- in
substantial conforlmiance with the following requimments:
1. Structural BIVIP�5, Ncin-Structural BMPs, Treatment Control BMPs and Marinet
These bfAFN.-
Managment-Me-asures shall be -inckided in,the final WQMP.
shall be equivalent -to or more protective thian those discussed in the WQMP
dated June -5. 2007.
2. The:site ma, . p �shall depict the locatiorf of the proposed rtiarina pump -out station,
and shall include any other updated information, including the location of B.IVIPS,
B I The pbrmiteo shall undertake development in accordance with thO approveO final
plans. Any proposred'changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Comrnissi6n amendm'ent to this coastal developroant permit unless the Executive
Director determiries that no am. endment is required.
5. MARINA WATER OLI&LITY BES T lVIANAGEM)5NT PRACTICES PROGRAM
By aGceptance of this permit the applicant agrees that the long-term water -borne
berthing of boat(s),In the approved docks and/4 boat slips will be managed in a
manner that protects water quality pursuant to the impkimentation of the
follo"Mng 13IMPS.
(1) Boat Cleening and Maintenance Measures.
a. In-watEm- top -side and bottom -side 1poat cleaning shall minimize the
discharge of soaps, paints, and debris,
b. In -the -water hull scraping. or any process that occurs under Water
that results in the removal of paint from boat hulls shall be
prohibited. Only detergents and cleaning components that are
designated by the manufacturer 0,s pl�osphate-free and
biodegradable shall be used, and the amounts used minimized.
c. The applicant shall mihimize We use of cletargents and boat
cleaning and maintenance ppaducts cwtaining ammonia, sodium
hypochlorite, chlorinated solvents, petroleu'rn distillates or lye.
SFP,10,2008 3:114FM CASH & ASSOCIATFS 714 895 1291 NO.372 P. 6
coA— rAL DEVELOPMENT PER AT
No, 5�07-241
Page 5 of 6
(2) Solid and Liquid Waste Management Measures.
a. Ali trash, recyclables, and hazardms wastes or potential water
contamiriants, including old gasoline or gasoline With water,
absorbent materials, oily rags, lead acid batteries, anti -freeze,
waste diesel, kerosene and mineral spirits will be disposed of in a
proper manne� and will not at any time be disposed of in. the water
or gutter.
(3) petroleum Control Management Measures:.
a. Boaters will pradice.preventive engine n)aIntenance arld,will usA�oil
absorbents in the bilge and under the engine to prevent oil and fuel
djscharqi��s. Oil absorbent materials shall lb(� examined at least
once a year and replaced as necessary. LJ.§ed a absorbents are
hazardous w8ste in California, Used oil absorbents must therefore
be disposed in accordance, with hazardous waste disposal
regulations, The boaters will regularly inspect and maintoin
engines, seals, ga-skets., lines and hoses in order to prevent oil and
fuel spills. The use of soaps that ran be discharged by bilge
pumps is prohibited.
b. if the bilge needs roore extensive cleaning (e.g., due to spills of
engine fuels, lubricants or other liquid materials), the boaters will
us;-- a bilge pump -out facility or steam cleaning services that
recover and properly dispose o.r�recycle all contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers Vill not be used
for bilge cleaning since they may be discharged to suftce waters
by the bilge pumps.
BIOLOGICAL MONIIPRING
An appropriately trained biologist shall monitor the proposed development for
di8tu.rbarice to sensitive species or habitaUlrea. During the California, Least Tern
nesUng season April I—September 300', daily monitoring shall occur during
dredging and other construction activities that could result in disturbances to the
California Least Tern. Based on field observations, the blotogist shall advise the
applicant regarding methods to minimize or avoid significant impacts, which
could occur upon sensitive species or habitat areas- The biological monitor shall
halt all work should dredging and other construction acuvities result in
disturbances to the California Least Tem. However, after con-5ultation with the
Department of Fish and Game and the Executive Director, the applicant may
resume construction during thb California Least Tern nesting sea,'son upon
obtaining a written statement from the Executive Director authorizing construction
SEP -10-2008. 3:34FM CASH & ASSOCIATES 714 895 1291 NO.3'72 P. I
-LGPMEJ�f PER. IT
COA, FAL DEVE
U0. 5-07-241
Page 6 of 6
on specified dates. To obtain such a determination, the permittee must submit a
declaration from the Department of Fish and Game stating that cornstruction on
the sper-Ific dates proposed will not cause adverse impacts to any sensitive, or
endanQered, species. The deQlaration shall be subject to the review and 8pproval
of the Execufive Director. The dqclaration must contain an asbessment of tho
breeding and nesting activities of California Least Torn found In the are -a and a
statement that the construction activity on the specific dates proposed will not
interfere with the breeding and nesting activities of the California Least Tern.
G-\PERMITS\2007 permit -.V5-07-241 rhe Irvine comony permit.doo
M
SEP -10-2008 3:35PM CASH & ASSOCIATES 714 895 1291
NO, 372 P. 8
STATE Of CALITONIA—TUE RESOURCES A09 ARNOLD SC14WAj�ZrNrQ(yER. A7,0VB!N0g
CALIFORNIA COASTAL COMMI&SION
Ao PREMONT, $TJ1rkP 2M
SAN PAANCISM CA 941a:S-27.19
VQTCC AM) Tbb (4mr') Pt4-52j)a
PAX (415) YOq-5499
May 13, 2008
Demi Kidc
The h -vine Company
550 Newport Center Drive
Newport Beach, CA 92660
Daniel Bnmtou
Lalbam & Watkins
600 West Broadway, Suite, 1900
San Diego, CA 92101
Thomas Mathw8
CAA Planning
85 A-rgooaut, Suite 220
Aliso Viejo, CA 92656
Subject- Consistency Cardfication CC -001-08 (Disposad of dredged material from
B4boa Marine at LA -3 occen disposal site., Ormge Countr).
I
Dear Mr. Kirk, Mr. Br=ton, and Mr. Mathvws:
On May 7,20N, the California Coastal Commission conc=ed with thc above-r6erenced.
consisten6y cmtifl6ation, The Col-ornisgion thund 1hat the proposed disposal of maintownce
dredged material at LA -3 was consistent with the California. Coastal Management Program,
Please contact me at (415) 904-5288 should you have any questions regarding this mattor,
Sincerely,
*7&V��
Larry Simon
Federal Consistency Coordinator
SEP -10-2008 3:35FM CASH & ASSOCIATFS 714 895 1291
Co-csislency Certification CC -001-08
Page 2
cc: CCC — South Coast Dislfiet (Liliaua RQM-zu)
Ca�ifomia DeparUnent of Water Resoixces
Cyov=ar's Washington, D -C-, Office
NO. 372 P. 9
SFF,10.2008 3:35FM CASH & ASSOCIATES 714 895 1291
NO. '3 7 2
.4
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 50% Pivemide, Caff=ift 92501-3349
Linda S. Adaras Fhoner (951) 792-4130 6 FAX (951) 191-6299 P TIM (951) 792-3221
S�cmtaryfbr wwvv.viderboards.0agov/sadearia
Ehviromnental Pracwtion
January 4, 2007
Scot Scialpi
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS
CERTIFICATION FOR THE BAL130A MARINA DOCK REPLACEMENT PROJECT,
CITY OF NEWPORT BEACH (ACOE REFERENCE NO. MCM AVAILABLE)
Dear Mr. Scialpi:
On October 26, 2007, we received an application for Clean Water Act Section 401
Water Quality Standards Certification (Certification) for the proposed replacement of the
Balboa Marina docks in the City of Newport Beach. On November 25, 2007, your
application was deemed complete. This letter responds to your request for certiffication
that the proposed project, described in your application and summarized below, will
comply with State water quality standards outlined in the Water Quality Control Plan for
the Santa Ana River Basin (1995) and subsequent Basin Plan amendments:
Project Description: Replacement of an existing dock system with a new 20,931 -
square foot dock with 105 boat slips ranging from 20 to 58
feet in length and installation of tieback anchors behind the
existing seawall. The new dock system will include the
installation of a now sewage pump -out station, new lighting,
fire fighting facilities, and electrical power, water supply, and
communication connections. Approximately 36,000 cubic
yards of sediment below the new dock system will be
excavated for anticipated off -shore disposal at LA -3. The
project is located between Pacific Coast Highway and Lido
Island within Sections 26 and 27 of Township 6 South,
Range 10 West, of the U.S. Geological Survey Newpoit
Beach, Calffibmia, 7.5 -minute topographic quadrangle map
(33,6157 degrees N/-1 17.9032 degrees W).
Receiving water: Lower Newport Bay
Fill area: 2.74 acres of temporary impact to a marine channel.
Dredge/Fill volume: 36,000 cubic yards
CaWornia EnWrannwMal Proteefion Ageney
0 Recyckipaper
- -4
,7. 4
SEP -10-2008 3:35PM CASH & ASSOCIATES 714 895 1291
NO. 372 F. 11
The Irvine Company -2- January 4, 2007
Federal permit'. Rivers and Harbors. Act Section 10
You have proposed to mitigate water quality impacts as described in. your Certification
application. The proposed mitigation is summarized below:
Onsite Water Quality Standards Mitigation Proposed:
• A sewage pump -out facility will be pr6vided for use by marina tenants.
• Trench drains will be installed to intercept storm water runoff from the parking lot
areas and convey runoff into storm drain inlet filters. ' Five new storm drain inlet
filters will be added to remove pollutants from storm -water runoff from the parking
lot areas.
• Adequate trash containment facilities will be provided for madna tenants and
visitors.
• The Irvine Company will participate in the "Clean Marinas California Program",
• A program will be implemented to inform visitors and tenants of best
management practices (BMPs) to prevent the discharge of pollutants into the
marina. The program %%(ill include installation of educational signage and
distribution of water quality protection materials.
Additional site-specific BMPs are specified in the site's Water Quality
Management Plan (WOMP) and will be specified in the Storm Water Pollution
Prevention Plan (SWPPP).
416.7 square feet of eelgrass beds will be excavated in the project area, 4.92.8
square feet of eelgrass beds will be created in an 8 -foot zone along the marina
bulkhead. Creation of suitable area will involve placing dredged material in the
mitigation zone to raise the sea floor to an appropriate depth. The creatiQn effort
will be completed according to the National Marine Fisheries Services Southern
California Eelgrass Mitigation, Policy.
Offs1te Water Quality Standards MitigaVion Proposed:
o No offbite water quality standards mitgation is proposed.
Should the proposed project impact state- or federally -listed endangered species or
their habitat, implementation of measures identified in consultation with U.S. Fish and
Wildlife- Service and the California Department of Fish and Game MdII ensure those
impacts are mitigated to an acceptable level. Appropriate Best Management Practices
will be implemented to reduce construction -related impacts to Waters of the State. This
project is over one acre. Therefore, coverage under the State Water Resources Control
Board's General Permit for Storm Water Discharges Associated wfth Construction
Activity, Water Quality Order 99-08 DWQ, is required, as is development of a Storm
Water Pollution Prevention Plan (SWPPP), to control the discharge of pollutants from.
the project site.
Califomia Environmwntal Protec&n Agency
SEP,10.2008 3:37PM CASH & ASSOCIATFS 714 895 1291 NO.372 P. 12
The Irvine Company -3- January 4, 2007
You have applied for a federal permit from the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean Water Act and Section 10 of the Rivers and
Harbom Act. You have applied for a Coastal Development Permit from the California
Coastal Commission. Pursuant to the California EnVironmental Quality Act (CEQA), the
City of Newport Beach adopted a Mitigated Negative Declaration (IVIND) on February
14, 2007. The Executive Officer has considered the City's MND in the issuance of this
Certification.
This 401 Certification is contingent upon the execution of the following
conditions:
1. Using generally accepted protocols, the discharger must survey for
Caulerpa taxffolia, an invasive marine seaweed, to help locate and prevent
its spread. If Caulerpa taxifolia is found prior to or during implementation of
the project, the applicant must not begin or continue at that location until
authoNzed by Regional Board staff. If the invasive seaweed is discovered,
It is not to be disturbed, and the Regional Board must be notified within 48 -
hours of the location and date of the discovery. In addition, any sightings
of Caulerpa taxifolia should be reported to the Califomia Department of
Fish and Game (VVilliarn Paznokas at (858) 467-4218
&paznokasa.dfg. ca. gov ) or the National Marine Fisheries Service (Robert
Hoffman at (562) 980-4043 bob.hoffmar1a_nokq.goy)) within 24 -hours of
discovery. Further information regarding Caulerpa taxifolia sightings can be
obtained at www.socatnet- Should no Cauterpa be observed during the
project, the applicant must notify the Regional Board of this fact when all
construction has been completed. Please contact Wanda Cross at (951)
782-4468 concerning issues related to Cauletpa taxitblia.
2. Regional Board staff and other authorized representatives must be
allowed:
a. Entry upon premises Where storm water treatment facilities are located,
or where records are kept under the requirements of this Certification
and applicable waste discharge requirements;
b, Access to copy any records that are kept under the requirements of this
Certification and applicable waste discharge requirements;
c. To inspect any facility, equipment (including monitoring and control
equipment), practices, or operations related to the treatment of storm
water runoff from the project site; and
d. To photograph, sample and monitor for the purpose of assuring
compliance with this Certification and applicable waste discharge
requirements.
3. Materials must not be placed in a manner where they could be discharged
to surface waters except as authorized by this certification. In the event
California Enidronmental Protection Agency
co
SFP-10-2008 3:38PM CASH & ASSOCIATES 714 895 1291 NO.372 P. 13
The Irvine Company -4- JanUary4,2007
that trash or debris is discharged to surface waters, the discharger must
recover the material to the maximum extent practical,
4. Project activities must not depress the dissolved oxygen content of Lower
Newport Bay below 5 mg/L as a result of controllable water quality factors,
When natural dissolved oxygen content is less than 5 mg/L, the discharger
must not cause further depression.
5. Project activities must not raise the. pH of Lower Newport Bay above 8.6 or
lower pH below 7.0 as the result of controllable water quality factors;
ambient pH levels must not be changed by more than 0.2 units,
6. Project -related activities must not cause the background natural turbidity,
as measured in Nephelometric Turbidity Units (NTUs). in the receiving
waters to be increased by values greater than the following Basin Plan
objectives at a distance of 100 feet from the activity:
a. If natural turbidity is between 0 and 50 NTU, the maximum increase
must not exceed 20% of the measured natural turbidity. -
b. If natural turbidity is 50 to 100 NTU, the increase must not exceed
10 NTIJ.
C. If natural.turbidity is greater than 100 NTU. the maximum increase
must not exceed 10% of the measured natural turbidity.
7. An effective monitoring plan must be developed and implemented to
document compliance with condifions 3, 4, 5 and 6 above. Any suspected
violation of these conditions must be reported to Regional Board staff in
wrifing within 24 -hours of discovery. The monitoring plan and records of
monitoring activities must be maintained on site for the duration of the
proposed discharge and be available for inspection by Regional Board
staff,
8. Impacts to eelgrass must be compensated for according to the National
Marine Fisheries Service's Southem Cafifornia Eelgrass Mitigation Policy,
including the creation of eelgrass beds. Any deficiencies in the mitigation
effort must be addressed according to the Policy.
9- A copy of this Gertification must remain afthe project site for the duration of
the work and be available for inspection upon request.
Under Califomia Water Code, Section 1058, and Pursuant to 23 CCR §3860, the
following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant
to Section §13330 of the Water Code and Arficle 6 (commencing with
Section 3867) of this Chapter.
Cdornia.Eisvironmental P�moteclion Agene-y
R6,ycled Paper
SEF,10,2008 3:38PM CASH & ASSOCIATES 714 895 1291 NO,372 P. 14
The Irvine Company - 6 � January 4, 2007
(b) Certification is not intended and shall not be construed to apply to a ny
activity involving a hydroelectric facility and requiring a FERC license or an
amendment to a FERC license unless the pertinent certification application
was filed pursuant to Subsection §3855(b) of this Chapter and that
application specifically identified that a FERC license or amendment to a
FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under
this Chapter and owed by the applicant,
Although we anticipate no further regulatory involvement, if the above stated conditions
are changM, any of the criteria or conditions as previously described are not met, or
new information becomes available that indicates a water quality problem, we may
fon-nulateWaste Discharge Requirements.
In the event of any violation or threatened violation of the conditions of this certification,
the v ' iollation or threatened violation shall be subject to any remedies, penalties, process
or sancrtions; as provided for under state law. For purposes of section 401 (d) of the
Clean Water Act the applicability of any state law authorizing remedies, penalties,
process or sanctions for the violation or threatened violation constitutes, a limitation
necessary to assure compliance with the water quality standards and other pertinent
requirements incorporated into this certification.
In response to a suspected violation of any condition of this certification, the Santa Ana
Regional Water Quality Control Board (Regional Board) may require the holder of any
permit or license subject to this certification to furnish, under penalty of pedury, any
technical or monitoring reports the Regional Board deems appropriate. The burden,
including costs, of the reports shall be reasonable in relaton to the need for the reports
and the benefits to be obtained from the reports.
In response to any violation of the conditions of this certification, the Regional Board
may add to or modify the conditions of this certification as appropriate to ensure
compliance. Pursuant to California Code of Regulations Section 3857, we will take no
further action on your application. Please notify our office five (5) days before
construction begins on this project.
This letter constitutes a Water Quardy Standards Certification issued pursuant to Clean
Water Act Section 401. 1 hereby issue an order certifying that any discharge from the
referenced prQject will comply with the applicable provisions of Sections 301 (Effluent
Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality
Standards and Implementation Plans), 306 (National Standards of Performance), and
307 (ToYic and Pretreatment Effluent Standards) of the Clean Water Act, and with other
applicable requirements of State law. This discharge is also regulated under State
Ca1Y'brnia.EnvbvnmenW Protecfian Agency
QAe�fedPqp,
SEP,10,2008 3:39PM CASH & ASSOCIATES 714 895 1291
NO. 372 P. 15
The Irvine Company -6- January 4, 2007
Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-
QWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That
Have Received Water Qualfty Certification" which requires compliance with all
conditions of this Water Quality Standards Certification. Order No. 200-0017-DWQ is
available at www.�swrcb-ca.gpv![E�sdegMLqorders/2003/�lAqoMAo2003-0017.od
Should there be any questions, please contact Adam Fischer at (951) 320-6363, or
Mark Adelson at (951) 782-3234.
Sincerely,
,)�� � \/, 6)-t;V
4;n'- GERARD J. THIBEAULT
P-xecutive Officer
cc (via electronic mail):
U. S. Army Corps of Engineers, Los Angeles Office — Jae Chung
State Water Resources Control Board, OCC — Erik Spieas
State Water Resources Control Board, DWQ-Water Quality Certification Unit —
Bill Orme
Califorinia Department of Fish and Garrie — Naeem Siddiqui
U.S. EPA, Supervisor of the Wetlands Regulatory Office WTR- 8 — Eric Raffini
and Dave Smith
APF,401/cedificafions/balboa marina dock repi 302007-29
California DyWronmental Protection Agency
ro Reqv1edP4per
SEP -10-2008 3:40FM CASH & ASSOCIATES 714 895 1291 NO -372 P. 16
REKY TO
ArrENrION OF;
Office of the CTdef
Regulatory Division
Dean S. Kirk
'Ihe Irvine Company
550 Newport Center Drive
Newport Beadi, CA 92660
Dear Mr. Kirk:
DEPARTMENT OF THE ARMY
LOS ANGELES DISTR)CT, CORPS OF ENG114EERS
P.O. BOX 532711
LOS ANGMES, CALTFORNIA90053-2325
January 10, 2008
Reference is made to your request (No. 2009-44-FBV), dated January 9, 2008, for
Departmeat: of the Army authorization, urtder Section 10 of the Rivers and Harbors; Act of
March 3,1899 (33 U.S.C. 403),to conduct seawaR repair work at the Balboa Marina. The project
wotdd take place within Newport Bay in the City of Newport Beach, Orange County, California
as Shown on enclosed maps.
Speciacally, yp'whave requested authorizzation to;
L InstaU 168 earth anchors and weldnients to e)dsting seawa)1; and
2. Use barges for drilling and capturing of excavated material and anchor grout
Wkdle this activity, along with the attached special conditiom, meets the general terms and
conditions for authorization underNationwide Pexxnit Number 3 [Federal Register, March 1Z
2007, pp. 11092-11198]i we note that you do not have CoaA-4 Zone Management (C22,A)
consistency certification from the Calffon-tia Coastal Commission. Therefore, your request is
derded without pr�udice. You will receive authorization fxom the Corps when you have met the
requirements outlined below.
CZM co.-nzbtejacy certificatior�, pursuant to section 307 of the Coastal Zone Management
Act, or waiver thereof, ic, required prior to authorization of your project. You must therefore
obtain C2M consistency certification or waiver, or provide evidence that 6 months have passed
since you applied to the California Coastal Cornrr&sion for CZM certificatiom Be aware that any
conditions on your CZM certification will become conditions on your Nationwide Permit
authorization.
When you reizeive your CZM consistency certifacation or waiver (or when 6 rnonths have
passed �ince' yo'U'a�p]16d), ycqi sh6Wd- 6ontact*th6 torps 11":roject: Manager for this project, Forrest
B. Vanderbilt, at (213) 452-3289. Please reference application 200&-44-FBV i -a your letter. Your
'6ula'thenbel sued without further delay or processing.
is
SEP -10-2008 3:40FM CASH & ASSOCIATES 714 895 1291
NO. 372 P. 17
Furffiermore, you must comply with the following non -discretionary Special Conditions:
Special Conditions:
sectiop-10
1. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States as defined by 33 C.F.R. Part 329.
2- No other modiftcations or work shall occur to the structure permitted herein -
3. The Pernuttee shall discharge only dean construction materials suitable fox. use in the
oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish,
cement or concrete washings thereof, oil or petroleum products, from construction shall be
allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the
United States. Upon completion of the project authorized herein, any and all excess material or
debris shall, be completely removed from the work area and disposed of in an appropriate
upland. site.
4. n-te Permittee shall notify the Corps of the date of commencement of operations not less
than 14 cAlendar days prior to commencing work, and shall notify the Corps of the date of
completion of operations at least five calendar days prior to such completion.
5. The Fermittee shall notify the Commander, Eleventh Coast Guard District, and the Coast
Guard Marine Safety Office, / Group LA -LB, not less than 14 calendar days prior to
commencing work and as project information changes. The notificafi=, either JDy letter, fax, or
e-mail, shall include as a minimum the following information:
A) Project description indtiding the type of operation (i.e. dredging, diving,
construction, etc).
B) Location of opexation, including Latitude / Longitude (NAD 83).
Q Work start and completion dates and the expeded duration of operations.
D) Vessels involved in the operation (name, size and type).
E) VBT-FM radio frequendes monitored by vessels on scene.
F) Point of contact and 24 hour phone number.
G) Potential hazards to navigation.
H) Chart number for the area of operation.
SEP -10.2008 3:41FM CASH & ASSOCIATES 714 895 1291 NO -372 P. 18
Addresses:
Commander, 11th Coast Guard District (oan)
coast Guard Island, Building 50�3
Alameda, CA 94501-5100
ATTN: Local Notice to Mariners
TEL- (510) 4,37-2986
FAX: (510) 437-3423
U,S. Coast Guard
Marine Safety Office / Group LA -LB
1001 South Seaside Ave., Bldg 70
San Pedro, CA 90731
Attn; Waterways Management
TEL: (310) 732-2020
FAX- (310) 732-2029
6. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully da3nage,
make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter 1, subchapter
C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District
in writin& with a copy to the Corps, not less than 30 calendar days in advance of operating any
equipment adjacent to any aids to navigation wl-dr-h requires relocation or removal. Should any
federal aids to rta-�igation be affected by 6 -ds project, the Fermittee shallsubmit a reqi1est, in
writing;, to the Corps as well as the U.S, Coast Guard, Aids to Navigation office. The Permittee
and its contractor are prohibited from relocating or removing any aids to navigation until
atithorized to do so by the Corps and the U.S. Coast Guard.
7. Should the Permittee determine the work requires the placement and use of private aids to
navigation in navigable waters of the US., the Perwittee sha)J submit a -request in writing to
the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee is
prohibited from establishing private aids to navigation in navigable waters of the U.S. until
authorized to do so by the Corps and the U.S. Coast Guard.
8. Upon notification to the U.S. Coast Guard as specified in Special Condition 5, the Permittee
shall forward a copy of the notification to the Coast Guard Captain of the Vort (COTP). The
COTF may modify the deployment of marine construction equipment or mooring systems to
safeguard navigatim during project construction. -The Permittee shall direct questions
concerning lightirt& equipment placemeM and mooring; to the appropriate COTP.
9. The pern-dttee understands and agrees that, if future operations by the United States require
the structure or work herein authorized, or if, in the op"on of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the
free navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or altex the structural work or obstructions caused
thereby, without expense to the United States- No claim shall be made against the United
States on account of any such removal or alteration.
SEP,10.2008 3:41PM CASH & ASSOCIATES )14 895 1291
If you have any qtzestiom please contact me at the above telephone number.
NO. 372 P - 19
Please be advised that you ran now comment on your experience with
Regulatory Division by accessing the Corps web -based custom'er survey form at.
7 va,21444
Forrest B. Vanderbilt
Project Manager
South Coast Branch
Regulatory Division
SEP,10,2008 3:41FM CASH & ASSOCIATFS 714 895 1291
NEWPORT
BAY
EA 7
/
BALBOA
-Y,
4�
NO. 3' 7 2 P - 20
3
PURPOSE Balboa Marina MCIML—MA—P Proposed Balboa Marino Seawall Repair
Seawall Repair SITE PLAN IN, Balboa Marino within
Datum: MLLW =� 0 Newport Day
Adj. Property Owners: The Irvine Company AT; Newport Beach
1. Marnma Gina's 550 Newport Center Drive County of Orange State: CA
2. 3—Thirly-3 Newport Beach, CA 92660 ApplicaVion By: URS/Cosh & Associates
1 3. Greystone Group Sheet _j_ of - 2 Date: 1 2,6jyQ7
6N2 Dolm Ave, 9TO 7DD
MundngWn Aaaah, CAMWA134
10 (T14) WK072
Cash & Associates
P-1114) InS-1291
NEWPORT
BAY
EA 7
/
BALBOA
-Y,
4�
NO. 3' 7 2 P - 20
3
PURPOSE Balboa Marina MCIML—MA—P Proposed Balboa Marino Seawall Repair
Seawall Repair SITE PLAN IN, Balboa Marino within
Datum: MLLW =� 0 Newport Day
Adj. Property Owners: The Irvine Company AT; Newport Beach
1. Marnma Gina's 550 Newport Center Drive County of Orange State: CA
2. 3—Thirly-3 Newport Beach, CA 92660 ApplicaVion By: URS/Cosh & Associates
1 3. Greystone Group Sheet _j_ of - 2 Date: 1 2,6jyQ7
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PURPOSE: Balboa Marina PrDpOsed Balboa Morino Seawall Repair
Seawall Repair SEC11ON
IN: Balboa MaHna witNn
Datum: MLLW t= 0 Newport Say
Adj- Property Owners: The Irvine Company AT, Newport Beach
I- Mamma Gina's 550 Newport Center Drive Courity of Orange State: CA
2. 3—Thirty-3 Newport Beach, CA 92660 Application By: URS/Cash & Associates
3. Greystone Group Sheet 2 of 2 Date; 1 2,AYO-7
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Seawall Repair SEC11ON
IN: Balboa MaHna witNn
Datum: MLLW t= 0 Newport Say
Adj- Property Owners: The Irvine Company AT, Newport Beach
I- Mamma Gina's 550 Newport Center Drive Courity of Orange State: CA
2. 3—Thirty-3 Newport Beach, CA 92660 Application By: URS/Cash & Associates
3. Greystone Group Sheet 2 of 2 Date; 1 2,AYO-7
W
B E L L P 0 R T
July 28, 2004
City of Newport Beach
Harbor Resources Division
Mr. Chris Miller
P. 0. Box 1768
Newport Beach, CA 92663
Dear Mr. Miller:
200-100)
16/- wtl)
/ 29, 2.5?7
This is to advise that all items mentioned in the Inspection Checklist for Commercial
Docks have been corrected at Bayshore, Balboa, Bayside and Villa Cove marinas.
In reference to the multiple berthing issue, the tenant has been notified in writing to
remove additional vessels from slip 74 at Bayshore by August 24, 2004.
For your information Bayshore, Balboa, Bayside and Villa Cove will be managed by The
Irvine Company effective August 1, 2004. Please contact Mr. J. Mills at 949-72 1 -0111 if
you have further questions.
Sincerely,
Andrew M. Fite
Chief Operating Officer
cc: J. Mills
California Recreation
Corporate Office 101 Shipyard Way, Suite M, Newport Beach, CA 92663 Tel: 949.723.7780 Fax: 949.723.7786 www.beliportgroup.com
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WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH HARBOR RES.01ACES1 IXV,
PLEASE PRINT OR TYPE (9 BUILDING DEPARTMENT CITY OF NEWPOM BEACH
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
,;�c I 0*6-r-
PHONE NO.
4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT
CITY STATE ZIP
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— 27'X 3 t
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# OF STORIES
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SQ FT
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F] 3. OWNER'S NAME LAST FIRST
�Lo __Tg.)Itjr ec,
OWNER'S ADDRESS
WNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
ARCH ITECT/DESIGNER'S ADDRESS
ARCHITECT/DE ER'S' E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
F� 5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL AD-DLRESS
CITY STATE ZIP
PHONE NO.
F� 6. CONTRACTOR'S NAME
BUSINESS LIC.
,No.
STATE LIC.
Class
CONTRACTOR'S ADDRESS
--CITY
CONTRACTOR'S E-MAIL ADDRESS
STATE ZIP
L
PHONE NO.
OFFICE USE ONLY
PERMIT -NO.
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OC UPANCY- GROUP PLAN CHECK ENG.
Arcese, Lorrie
From: Arcese, Lorrie
Sent: Wednesday, July 21, 2004 8:12 AM
To: Carney, Seanne
Subject: California Recreation Company
Cal Rec will take back management from BellPort beginning August 1, 2004 on the following properties:
Bayside Marina - CP1 0111371, 1137 Bayside Dr.
Villa Cove Marina - CP2001 0011, 1001 Bayside
Balboa Marina - RP1320201, 201 Coast Hwy E
Bayshore Marina - RP12925721, 2572 Bayside Dr.
Please change the billing to: Cal Rec
James Mills, General Manager
1137 Bayside Dr., Newport Beach, CA 92625-1706
(949) 720-2141
Thanks, Lorrie
1
Message Page I of 2
Campbell, James
From: Rossmiller, Tom
Sent: Wednesday, September 08, 2004 12:58 PM
To: 'cmarsh@irvinecompany.com'
Cc: Campbell, James; Miller, Chris
Subject: FW* 201 E. Coast Highway - 2171-2004
Hi Chris:
Attached is an e-mail message from Jim Campbell in our Planning Department
describing his review of the CEQA compliance for your Balboa Marina project. Please
contact Jim or me if you have any questions.
Thanks,
Tom Rossmiller
Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3041
Fax (949) 723-0589
----- Original Message -----
From: Campbell, James
Sent: Wednesday, September 08, 2004 9:48 AM
To: Rossmiller, Tom
Cc: Miller, Chris
Subject: 201 E. Coast Highway - 2171-2004
Tom,
C
'44WW#4 �0000*%
00ril C.01 lfwc,
I have had an opportunity to look at the AIC submitted by the Irvine Company for
the complete reconstruction of the marina at 201 E. Coast Highway. The AIC is a
preliminary step toward the issuance of a Harbor Permit and I see no exemption
for project from the provisions of the California Environmental Quality Act.
Therefore, before the City can consider issuing the AIC, an environmental
document must be prepared. I do not know if a Mitigated Negative Declaration or
an Environmental Impact Report will be necessary and the initial study will assist
in that determination.
Please inform the applicant as soon as possible of this determination and I can
assist you in the preparation of the environmental documents. The City will need
to quickly hire a qualified consultant to prepare the documents and you might
inquire of the applicant if they have a preference in who we hire, otherwise, I can
solicit one or more proposals fairly readily for you. Have the applicant submit 4
copies of the plans and a completed environmental information form (attached) as
Message Page 2 of 2
soon as possible. The prospective consultants will need this to prepare a
proposal.
Let me know if you have any questions and feel free to pass along my contact
information to the applicant if they have a question.
James Campbell
Senior Planner
949-644-3210 - voice
949-644-3229 - fax
10/08/2004
------------- ------
THE IRVINE COMPANY
July 29, 2004
Tom Rossmiller
Harbor Resources
629 Harbor Island Drive
Newport Beach, Ca 92660
Re: Approval in concept for Balboa Marina
Dear Tom:
You will be aware from previous conversations with our representatives, Bellport Group,
and indeed more recent discussions with ourselves; the current configuration of docks at
Balboa Marina have reached the end of their useful life and now require replacement.
Given that the docks are presently deteriorating beyond repair, we would like to begin the
process by submitting the attached documents for your review and "Approval in
Concept".
Attached are drawings, which show the existing and proposed marina layouts and the
project description by Concept Marine Associates (design engineers). The eelgrass and
caulerpa taxifolia survey, prepared by Sarah Mc Fadden of Tetra Tech, was provided to
you previously under cover of my June 21, 2004 letter.
Please feel free to contact us should you have any questions or if we can be of further
assistance in this regard.
Best Regards,
Chri arsh
Sr. Director, Project Management
Commercial Property Development
Investment Properties Group
CM/bs
Attachments
550 Newport Center Drive, Newport Beach, California 92660-7011 e (949) 720-2000
Programming
Planning
Desig
A ...
V .—Im.11— ........ n1
Concept Marine Associates
July 27, 2004
10327/0153/1303
The Irvine Company
PO Box 6370
Newport Beach, CA 92658-6370
Attn: Chris Marsh
RE: Balboa Marina Rehabilitation Project
Dear Mr. Marsh:
Concept Marine Associates, Inc., (CMA) is pleased to furnish the Irvine Company with the
following clarifications to the proposed project. Below are a revised project description, an
alternative slip mix table, and dredging quantities clarifications.
Project Description,
The existing marina was built in 1964. It has 67 guide piles which maintain position and
location of the 27,550 square feet of floating structures for approximately 132 boat slips. The
existing marina has extended its useful life. This is evident from numerous deficiencies in the
marina including decay of the concrete floats which had to be covered with plywood to
maintain smooth surfaces.
A new marina is planned to efficiently accommodate a broader mix of approximately 49
vessels than can be moored in the existing marina. The new marina is planned to have 88
guide piles (16 inch diameter, round concrete piles) which are necessary to support higher
mooring loads. The new marina is planned to have 29,008 square feet of concrete floating
structures to accommodate the service requirements of larger vessels. The new floating
structures will consist of 5 and 6 feet wide slip fingers perpendicular to the shore connected to
an 8 feet wide walkway parallel to the shore. The floating structures will meet ADA
requirements with appropriate gangways. Slips will have accommodations for lighting,
electrical power, water supply, communications hookups, and fire fighting capability. The new
marina is planned to have a pump out facility to accommodate boat holding tanks.
Concept Marine Associates, Inc. - 6700 E. Pacific Coast Hwy., Suite 201 - Long Beach, CA 90803 - Tel 562.594.6974 - Fax 562.594.6975
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101 Shipyard Way Tetra Tech, Inc.
Newport Beach, California 401 East Ocean Blvd., Suite 810
Long Beach, California
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE (9 BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
201 East Coast Highway, Newport Beach, CA
The Irvine Company (contact: Chris Marsh)
LEGAL DESCRIPTION Parcels 1 through 4 pf Parcel Map No. 93-206; as shown
No. UNITS
on a Map File in Book 289, Pgs. 1-7 inclusive
OWNER'S E-MAIL ADDRESS
LOT BLOCK TRACT
550 Newport Center Drive
2. DESCRIPTION OF WORK renovation of existincr 132 Slip Marina to provide a USE
new 49 Slip Marina. Existing Marina was built in 1964 and has reached the
end of it's useful life. # OF STORIES
VALUATION $--�,v
N EW F-1 ADD E] ALTER Z] DEMO [:] JSQ FT
Check Appropriate Box
3. OWNER'S NAME LAST
FIRST
The Irvine Company (contact: Chris Marsh)
OWNER'S ADDRESS
OWNER'S E-MAIL ADDRESS
550 Newport Center Drive
cmarsh@irvinecompany.com
CITY STATE
ZIP
PHONE NO.
Newport Beach CA
92660
949-720-2258
F] 4. ARCH ITECT/DESIGNER'S NAME LAST
FIRST
LIC. NO.
ARCH ITECT/DESIGNER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE
ZIP
PHONE NO.
5. ENGINEER'S NAME LAST
FIRST
STATE LIC. NO.
Concept Marine Associates (contact: Ken Johnson, P.E.)
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
6700 East PCH, Suite 201
ken@conceptmarine.com
CITY STATE
ZIP
PHONE NO.
Long Beach CA
90803
562-594-6974
6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
Not yet known
No. Class
CONTRACTOR'S ADDRESS PAMD
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Concept Marine Associates
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June 9, 2004
10327/0148/1303
Programming
Planning
Design
Construction Management
Balboa Marina
Reconstruction Project
Promect Description, Pile Count and Square Footage
The existing marina was built in 1964. It has 67 guide piles which maintain position and
location of the 27,550 square feet of floating structures for approximately 132 boat slips. The
existing marina has extended its useful life. This is evident from numerous deficiencies in the
marina including decay of the concrete floats which had to be covered with plywood to
maintain smooth surfaces.
A new marina is planned to efficiently accommodate a broader mix of approximately 49
vessels than can be moored in the existing marina. The new marina is planned to have 88
guide piles which are necessary to support higher mooring loads. The new marina is planned
to have 29,008 square feet of concrete floating structures to accommodate the service
requirements of larger vessels. The new floating structures will consist of 5 and 6 feet wide
slip fingers perpendicular to the shore connected to an 8 feet wide walkway parallel to the
shore. The floating structures will meet ADA requirements with appropriate gangways. Slips
will have accommodations for lighting, electrical power, water supply, communications
hookups, and fire fighting capability. The new marina is planned to have a pump out facility to
accommodate boat holding tanks.
Concept Marine Associates, Inc. - 6700 E. Pacific Coast Hwy., Suite 201 - Long Beach, CA 90803 - Tel 562.594.6974 - Fax 562.594.6975
`�y
14
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PROPOSED PLAN Conmpt Marine Associates
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BELLPORT GROUP
IT L., BALBOA MARINA
14
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NEWPORT BEACH, CALIFORNIA
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L4 BELLPORT GROUP
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BALBOA MARINA
NEWPORT BEACH, CALIFORNIA
TC 13645-01
Balboa Marina
Eelgrass Survey
Prepared For:
Bellport Group Prepared By:
101 Shipyard Way Tetra Tech, Inc.
Newport Beach, California 401 East Ocean Blvd., Suite 810
Long Beach, California
Fernando L. Pag6s, P.E.
Marine Scientist
Sarah E. McFadden
Rafael Holcombe
Robert Yates
Ike Chang
SECTION PAGE
ProjectBackground ........................................ ....................... ............................ 1
EelgrassSurvey Methods .......................................................... ...................... - 1
Eelgrass Survey Results .... ............ ................. .............................................. - 4
Discussion ........................... 4
Figure1 .- Site Vicinity Map .................. ................. ................................................... 2
Figure 2: Plan View of Balboa Marina ...................................................................... 3
TABLES
Table 1: Eelgrass Results ......................................................................................... 4
Table 2- Eelgrass Mitigation ................. ................................................................... 5
APPENDICES
Appendix A Southern California Mitigation Policy
Appendix B Caulerpa taxifolia Reporting Form
Eel.grass Survey of Balboa Marina, Newport Beach, California, October 2003
The site is located at Balboa Marina in Newport Beach, California (Figure 1). The property owner
intends to replace a floating dock system in order to accommodate larger vessels. The existing
docks will be removed and the proposed docks will be installed in a different configuration. The
proposed docks would be located within the existing pierhead lines where existing docks are
located. In addition, the existing piles will be pulled and new piles driven at new locations. In order
to determine the impact this project would have on eelgrass (Zostera marina) Tetra Tech, Inc. was
contracted to conduct an eelgrass survey.
Biologist -divers from Tetra Tech conducted an eelgrass mapping survey of Balboa Marina October
14 th and 15 th , 2003. The area surveyed includes the area between the bulkhead that runs along the
north and northeast boundaries of the marina and the southern Pierhead Line as indicated on the
Assessor's Map 050-45, The west end of the survey area is the U.S. 533 Pierhead Line and the
east end is bounded by the bridge to Linda Isle (See Figure 2). The survey area is approximately
1500 -ft by 200 -ft and includes the project footprint and surrounding area where equipment anchors
may be placed or dredging may occur. Field data collected include distribution and density of
eelgrass in the project area.
The project area was also surveyed for Cauleroa taxifolia in accordance with the Caulerpa Control
Protocol prepared by National Marine Fisheries Service and California Department of Fish & Game.
The purpose of the survey is to determine the presence or absence of Cauleroa taxifolia prior to
construction activities. Caulerpa taxifolia is a non-native alga that poses a threat to coastal marine
life. It has been found in Carlsbad and in Huntington Harbour. Currently Newport Harbor is not
designated as an infected system.
One scientific diver, experienced in eelgrass ecology and able to identify Cauleroa taxifolia, swam
along the bottom in transects perpendicular and parallel to the bulkhead using a compass and
m,easuring tapes. Transects were run parallel at distances of six to ten feet apart depending on
visibility. During the survey, underwater visibility was approximately 5 to 10 feet. Depths in the area
surveyed ranged from —2 ft to —9 ft mean lower low water.
The information on distribution of eelgrass was digitally plotted, to scale, using AutoCAD 2002
software. In addition to a single drawing showing all properties (Figure 2).
TETRA TECH, INC. Page I
I
Source: Thomas Bros. Maps
13
0
. . . . . . . . . . . . ........
7 . . . . . . . .. .........
........ ... ........... ...... ... .....
.. .............. ...... .
. . . . . . . . . . . . . . . . . . . . . . .
........ .. .... .. 70
4 ....... ........
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77
. . . . . . . . . . .
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0 ....
0111 ...
...... .. ..
Table 1. Eelgrass and Caulerpa faxifolia area by location in Balboa Marina, Newport Beach,
October 2003.
. . . . . . . . . . . . . . . . . .
Eelgrass (Zostera marina) ...... .4 'o
Area Surveyed Eelgrass Area Caulerpa
taxifolia
North (Dock) Area Surveyed Location (ft) (M) (ft') (M)
Channel Area Surveyed Between North Bulkhead and 140,385 13,043 209 19 0
North Pierhead Line (Dock Area)
Navigation Channel 142,100 13,202 7,697 715 0
Totals 282,485 26,244 7,906 734 0
FIGURE 2
W E PREPARED FOR; PREP -2 I BELLPORT GROUP PATE I V07fi"
0 100 Feet TETRA TECH, INC. DRAM BY A01121aew NO,
IMMAm BELLPORT 810HEERS, RAMMM% ARCHIMTS 10 BALBOA MARINA - EELGRASS SURVEY fw-45060
S 401 E. OMM BLM VJITE 010 C+6C4= BY SURVEY DATE: OCTOBER 14,2003 - OCTOBER 15, 2003
SCALE 101 SHIPYARD WAY, SUITS M LONQ BEACH, CA 90802 FLPAtJQ-XH C-1
NEWPORT BEACH, CA 92683 495405 FIELD 500K FAeE SKAFNel AS NOTEP PRAN.ft NAM
I I SCALE
Ee�qrass Survey of Balboa Marina, Newport Beach, Califomia, October 2003
RESULTS
Results of the eelgrass survey indicate that eelgrass occurs primarily in the navigation channel in
the eastern portion of the area surveyed (Figure 2, Table 1). The total area of eelgrass found within
the survey area was 734 M2 (7,906 ft2) . A total of 97 percent of the eelgrass occurs in the
navigation channel. Sections of the two largest beds, in the navigation channel and comprising
46.8M2 (504 ft2) , are located south of the southern pierhead line. Several small patches comprising
19 M2 (209 ft2) were found between the north bulkhead and the pierhead line where docks are
presently located. Eelgrass beds were generally patchy and eelgrass patch size ranged from 0.2 M2
to 144 M2 (Figure 2).
Table 1. Eelgrass and Caulerpa taxifolia area by location in Balboa Marina, Newport Beach,
October 2003.
Location
Area Surveyed
(ft) (M)
Eelgrass Area
(ft) (M 2
Caulerpa
taxifolia
Between North Bulkhead and
North Pierhead Line (Dock Area)
140,385
13,043
209
19
0
Navigation Channel
142,100
13,202
7,697
715
0
Totals
282,485
26,244
7,906
734
0
DISCUSSION
Lelgrass habitat has been identified as a sensitive marine resource by the C�lifornia Department of
Fish and Game, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service.
Eelgrass beds serve as refuges, foraging areas, and nursery habitats for various coastal and bay
invertebrates and fishes.
The area of potential eelgrass habitat within the survey area is limited by factors such as shading,
which is due to the location of docks and adjacent structures. The existing docks directly shade
portions of the area adjacent to the bulkheads thus precluding eelgrass growth. Water clarity and
tidal circulation also affect the ability ofeelgrass to grow in an area. The visibility observed during
the surveys was between 5 and 10 feet, which is typical for the area. When the dock system is
reconfigured, it will impact eelgrass that lies within the footprint of the new docks. A small amount
of eelgrass (15 ft2) occurs to the west of the proposed dock system adjacent to the riverboat. This
eelgrass is not likely to be imp ' acted by the proposed project. Care should be taken to avoid
impacting this eelgrass during construction activities.
TETRA TECH, INC. Page 4
Eel,grass Survey of Balboa Marina, Newport Beach, California, October 2003
Eelgrass occurs predominantly in the navigation channel at depths of minus 6 -ft IVILLW or
shallower. If dredging takes place throughout the navigation channel, most of the existing eelgrass
would be impacted. Portions of the two largest beds comprising approximately 500 ft2 are located
south of the southern pierhead line and could be avoided during dredging.
Table 2. Anticipated eelgrass impacts and mitigation requirements in Balboa Marina,
Newport Beach, October 2003.
Location
Total Area
(ft) (M)
Protected Area
(ft) (M)
ImpactArea
(ft) (M)
Minimum
Mitigation Area (1.2 to 1)
(ft) (M)
Between North Bulkhead and
North Pierhead Line (Dock Area)
209
19.0
15
1.4
194
18.0
232.8 21.6
Navigation Channel
7,697
715.0
504
46.8
7,193
668.3
8,631.6 802.0
Totals
7,906
734.0
519
48.2
7,387
686.3
8,864.4 823.6
CONCLUSION
Eelgrass is in the proposed project area is likely to be impacted as a result of dock reconfiguration
and associated dredging. The distribution of eelgrass is somewhat patchy It grows in small
patches in the area between the north bulkhead and the pierhead line with the larger patches
growing in the navigation channel. A total of 734 M2 (7,906 ft2) was mapped in the project area.
The anticipated loss oi eelgrass as a result of the proposed project is 686.3 M2 (7,387 ft2) (Table 2).
The proposed dock system would impact 18 M2 (194 ft2) . Dredging the navigation channel between
the pierhead lines would result in an impact to 668.3 M2 (7,193 ft2 ). Design and construction
alternatives can be employed to minimize the amount of affected eelgrass habitat.
The reduction in acreage of eelgrass habitat must be mitigated according to State and Federal
environmental policies, which include the replacement, in kind, of these habitat types. According to
the Policy, a minimum of 1.2 to 1 mitigation is required. If the total impact is 686.3 M2 (7,387 ft2) , at
least 823.6 M2 (8,864.4 ft2) must be transplanted as mitigation (Table 2). However, it is
recommended to mitigate at a ratio of 1.4 to 1, which would be a total of 960.8 M2 or 10,342 ft2 . A
copy of the Southern California Eelgrass Mitigation Policy is included in Appendix A.
TETRA TECH, INC. Page 5
I
APPENDIX A
Southern California Eelgrass Mitigation Policy (Rev. 8)
SOUTHERN CALIFORNIA EELGRASS MITIGATION POLICY
(Adopted July 31, 1991)
Eelgrass (Zostera marina) vegetated areas function as important habitat for a variety of fish and other
wildlife. In order to standardize and maintain a consistent policy regarding mitigating adverse
impacts to eelgrass resources, the following policy has been developed by the Federal and State
resource agencies (National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the
California Department of Fish and Game). This policy should be cited as the Southern California
Eelgrass Mitigation Policy (revision 8).
For clarity, the following definitions apply. "Project" refers to work performed on-site to accomplish
the applicant's purpose. "Mitigation" refers to work performed to compensate for any adverse
impacts caused by the "project". "Resource agencies" refers to National Marine Fisheries Service.
U.S. Fish and Wildlife Service, and the California Department of Fish and Game.
1. Mitigation Need. Eelgrass transplants shall be considered only after the normal provisions and
policies regarding avoidance and minimization, as addressed in the Section 404 Mitigation
Memorandum of Agreement between the Corps of Engineers and Environmental Protection Agency,
have been pursued to the fullest extent possible prior to the development of any mitigation program.
2. Mitigation Map. The project applicant shall map thoroughly the area, distribution, density and
relationship to depth contours of any eelgrass beds likely to be impacted by project construction. This
includes areas immediately adjacent to the project site which have the potential to be indirectly or
inadvertently impacted as well as areas having the proper depth and substrate requirements for
eelgrass but which currently lack vegetation.
Protocol for mapping shall consist of the following format: ...
1) Coordinates
Horizontal datum - Universal Transverse Mercator (UTM), NAD 83, Zone I I -
Vertical datum - Mean Lower'Low Water (MLLW), depth in feet.
2) Units
Transects and grids in meters.
Area measurements in square meters/hectares.
All mapping efforts must be completed during the active growth phase for the vegetation (typically
March through October) and shall be valid for a period of 120 days with the exception of surveys
completed in August - October.
A survey completed in August - October shall be valid until the resumption of active growth (i.e.,
March 1). After project construction, a post -project survey shall be completed within 30 days. The
actual area of impact shall be determined from this survey.
3. Mitigation Site. The location of eelgrass transplant mitigation shall be in areas similar to those
where the initial impact Occurs. Factors such as, distance from project, depth. sediment type. distance
from ocean connection. water quality, and currents are among those that should be considered in
evaluating potential sites.
4. Mitigation Size. In the case oftransplant mitigation activities that occur concurrent to the project
that results in damage to the existing eelgrass resource, a ratio of 1.2 to I shall apply. That is. for
each square meter adversely impacted, 1.2 square meters of new suitable habitat, vegetated with
eelgrass, Must be created. The rationale for this ratio is based on. I ) the time (i.e., generally three
years) necessan- for a mitigation site to reach full fishery utilization and 2) the need to offset any
productivity losses during this recovery period within five years. An exception to the 1.2 to I
requirement shall be allowed when the impact is temporan� and the total area of impact is less than
100 square meters.., Mitigation on a one-for-one basis shall �e acceptable for projects that meet these
requirements (see section I I for projects impacting less than 10 square meters).
Transplant mitigation completed three years in advance of the impact (i.e., mitigation banks) will not
incur the additional 20% requirement and, therefore, can be constructed on a one-for-one basis.
However, all other annual monitoring requirements (see sections 8-9) remain the same irrespective of
when the transplant is completed.
Project applicants should consider increasing the size of the required mitigation area by 20-30% to
provide greater assurance that the success criteria, as specified in Section 9, will be met. In addition,
alternative contingent mitigation must be specified, and included in any required permits, to address
situation where performance standards (see section 9) are not met.
5. Mitigation Technique. Techniques for the construction and planting of the eelgrass mitigation
site shall be consistent with the best available technology at the time of the project. Donor material
shall be taken from the area of direct impact whenever possible, but also shoula include a minimum
of two additional distinct sites to better ensure genetic diversity of the donor plants. No more than
10% of an existing bed shall be harvested for transplanting purposes. Plants harvested shall be taken
in a manner to thin an existing bed without leaving any noticeable bare areas. Written permission to
harvest donor plants must be obtained from the California Department of Fish and Game.
Plantings should consist of bare -root bundles consisting of 8-12 individual turions. Specific spacing
of transplant units shall be at the discretion of the project applicant. However, it is understood that
whatever techniques are employed, they must comply with the stated requirements and criteria.
6. Mitigat ' ion Timing. For off-site mitigation, transplanting should be started prior to or concurrent
with the initiation of in -water construction resulting in the impact to the eelgrass bed. Any off-site
mitigation project which falls to initiate transplanting work within 135 days following the initiation
of the in -water construction resulting in impact to the eelgrass bed will be subject to additional
mitigation requirements as specified in section 7. For on-site mitigation, transplanting should be
postponed when construction work is likely to impact the mitigation. However, transplanting of on-
site mitigation should be started no later than 135 days after initiation of in -water construction
activities. A construction schedule which includes specific starting and ending dates for all work
including mitigation activities shall be provided to the resource agencies for approval at least 30 days
prior to initiating in -water construction.
t�
7. Mitigation Delay. If. according to the construction schedule or because of any delays. mitigation
cannot be started within 135 days of initiating in -Water construction, the eelgrass replacement
mitigation obligation shall increase at a rate of seven percent for each month of delay. This increase
is necessary to ensure that all productivity losses incurred during this period are sufficiently offset
within five years.
8. Mitigation Monitoring. Monitoring the success of eelgrass mitigation shall be required for a
period offive years for most projects. Monitoring activities shall determine the area of eelgrass and
density of plants at the transplant site and shall be conducted at 3, 6, 12, 24, 36, 48, and 60 months
after completion of the transplant. All monitoring work must be conducted during the active
vegetative growth period and shall avoid the winter months of November through February.
Sufficient flexibility in the scheduling of the 3 and 6 month surveys shall be allowed in order to
ensure the work is completed during this active growth period. Additional monitoring beyond the 60
month period may be required in those instances where stability of the proposed transplant site is
questionable or where other factors may influence the long-term success of transplant.
The monitoring of an adjacent or other acceptable control area (subject to the approval of the
resource agencies) to account for any natural changes or fluctuations in bed width or density must be
included as an element of the overall program.
A monitoring schedule that indicates when each of the required monitoring events will be completed
shal I be provided to the.resource agencies prior to or concurrentwith the initiation of the mitigation.
Monitoring reports shall be provided to the resource agencies within 30 days after the completion of
each required monitoring period.
9. Mitigation Success. Criteria for determination of transplant success shall be based upon a
comparison of vegetation coverage (area) and density (turions per square meter) between the project
and mitigation sites. Extent of vegetated cover is defined as that area where eelgrass is present and
where gaps in coverage are less than one meter between individual turion clusters. Density of shoots
is defined by the number of turions per area present in representative samples within the contro"I or
transplant bed. Specific criteria are as follows:
a. a minimum of 70 percent area of eelgrass bed and 30 percent density after the first year.
b. a minimum of 85 percent area.of eelgrass bed and 70 percent density after the second year.
c. a sustained 100 percent area of eelgrass bed and at least 85 percent density for the third,
fourth and fifth years.
Should the required eelgrass transplant fail to meet the established criteria, then a Supplementary
Transplant Area (STA) shall be constructed, if necessary, and planted. The size of this STA shah
be determined by the following formula:
STA = MTA x (JA, + D,J - IA, + D,J)
MTA = mitigation transplant area.
A, = transplant deficiency or excess in area of coverage criterion (%).
D, = transplant deficiency in density criterion (%).
A, = natural decline in area of control (%).
Dc = natural decline in density of control (%).
Four conditions apply:
1) For years 2-5. an excess of only up to 30% in area of coverage over the stated criterion with a
density of at least 60% as compared to the project area may be used to offset any deficiencies in the
density criterion.
2) Only excesses in area criterion equal to or less than the deficiencies in density shall be entered into
the STA formula.
3) Densities which exceed any of the stated criteria shall not be used to offset any deficiencies in area
of coverage.
4) Any required STA must be initiated within 120 days following the monitoring event that identifies
a,deficiency in meeting the success criteria. Any delays beyond 120 days in the implementation of
the STA shall be subject to the penalties as described in Section 7.
10. Mitigation Bank. Any mitigation transplant success that, after five years, exceeds the mitigation
requirements, as defined in section 9, may be considered as credit in a "mitigation bank".
Establishment of any "mitigation bank" and use of any credits accrued from such a bank must be
with the approval of the resource agencies and be consistent with the provisions stated in this policy.
Monitoring of any approved mitigation bank shall be conducted on an annual basis until all credits
are exhausted.
11. Exclusions.
1) Placement of a single pipeline, cable, or other similar utility line across an existing eelgrass bed
with an impact corridor of no more than V2meter wide may be excluded from the provisions of this
policy with concurrence of the resource agencies. After project construction, a post -project survey
shall be completed within _30 days and the results shall be sent to the resource agencies. The actual
area of impact shall be determined from this survey. An additional survey shall be completed after 12
months to insure that the project or impacts attributable to the project have not exceeded the allowed
1/, meter corridor width. Should the post -project or 12 month survey demonstrate a loss of eelgrass
greater than the 1/2meter wide corridor, then mitigation pursuant to sections I - I I of this policy shall
be required.
2) Projects impacting less than 10 square meters. For these projects, an exemption may be requested
by a project applicant from the mitigation requirements as stated in this pol icy. provided suitable out -
of -kind mitigation is proposed. A case-by-case evaluation and determi Z_
z:I nation reoarding the
applicability of the requested exemption shall be made by the resource agencies.
( last revised 2/2/99)
E
APPENDIX B
Caulerpa taxifolia Survey Reporting Form
I
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Site Nam
Balboa Marina, Newport Harbor
(common reference) - - —1
Survey Contact:
Sarah McFadden
(name, phone. e-mail)
Environmental Scientist
Tetra Tech, Inc.
401 East Ocean Blvd., Suite 810
Long Beach, CA 90802
(562) 495-0495
Permit Reference:
(ACOE Pen -nit No., RWQCB
Order or Cert. No.)
...
Hydrographic System: (bay,
Harbor: Newport Harbor, Newport Beach, California
estuary, lagoon. or harbor)
Specific Location:
(UTM., Lat./Lon-., daturn. accurac)
Lat 33.615 N, Long 117.904 W to Lat 33.614 N, Long 117.900 W
level, attach electronic survey area
map if possible)
The area surveyed includes the area between the bulkhead that runs
along the north and northeast.boundaries of the marina and the southern
Pierhead Line as indicated on the Assessor's Map 050-45. The west
end of the survey area is the U.S. 533 Pierhead Line and the east end is
bounded by the bridge to Linda Isle. The survey area is approximately
1500 -ft by 200 ft.
Yes, Caulerpa was found atihis site and
Was,Caulerpa Detected:
(if Caulerpa is found, please
immediately contact the permitting
agency project staff and NMFS or
has been contacted on date.
CDFG personnel identified above)
X No, Caullerpa was not found at this site.
Description of Permitted
Proposed project consists of reconfiguring marina dock system to
Work:
accomodate larger vessels. Piles and docks will be relocated within
(describe briefly the work to be
existing marina footprint.
con ucted at the site under the
permits identified above)
Tetra Tech, Inc. Page 1 of 3 Balboa Marina - 10/14-15/2003
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Description of Site:, -
Depth r(inge:
-2ft to' -9 -ft MLLW
(describe the physical and
biological conditions within the
survey area at the time of the
survey and provide insight into
variability, if known. Please
provide units for all numerical
information).
Sitbstrule tjpe:
Soft rn—ud (fine silt)
Temperciture: ][-1-7.
0 - C
Salinity:
Normal
Dominantflora:
DoininantAitna:
Eelgrass, red & brown algae
Exotic species
Infaunal clams
None
encountere&
Other site description
Floating docks & navigation channel
notes:
I
Tetra Tech, Inc.
Page 2 of 3
Balboa Marina - 10/14-15/2003
Caulerpa Survey Reporting Form
(Version 1.2, November 22, 2002)
Description o f Survey
Surve-v ticite �incl lime
October 14 & 15, 2003
Effort:
periock
(please describe the surveys
Between 9-00 am and 3:00 prn PST
conducted including type of survey
(SCUBA, remote video, etc.) and
survey methods employed. date of
work. and survey density
(estimated percentage of the
bottom actually viewed). Describe
any limitations encountered during
the survey efforts.
Horizonicil visibility in
4 to 8 -ft
Siirve-v 1J'Pe cincl inethocis:
Two divers using SCUBA swam transects
Szirvey personnel:
Sarah McFadden
Rafael Holcombe
Robert Yates
Survey nsily:
High Intensity Surveillance
80 % visual coverage
Sztrve.v limitations:
Area between north bulkhead and
southern pierhead line
Other Information:
Survey conducted in conjunction with an eelgrass (Zostera marina)
(use this space to provide any
survey in which eelgrass was found.
additional information or
references to attached materials
Eelgrass & Caulerpa Survey Report and Maps Attached
such as maps, reports, etc.)
Caulerpa Survey Reporti ng Form (version 1.2, November 22, 2002)
Tetra Tech, Inc. Page 3 of 3 Balboa Marina - 10/14-15/2003
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POSTDREDGING
COMPLETION REPORT
�!:L I �Tlo lw�i;
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: 13 2 - 2 0 1 Area A
-Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3 4 W C' 14e
Total dredged material to Beach: J
koSea(LA3):) 1,000 cubic yards
Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact: (YeO No
Jorm of dredged material: Slurry (Cohesive
Procedure and location where the disposal barge or scow was washed:
barge was dumped clean at L.A. #
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: (YeO No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
There was no eeigrass before dredging started.
The post -dredging report shall be signed by a duly authorized representative ot Me perrnittee.
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, in g the
possibility offine and imprisonmentfor knowing violations.. �?'
Wnature
5
A
F-7�
W P
POSTDREDGING
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 pern-Lit. 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: 132-201 Area B
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact: (Ye� 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. #
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: ( Yeo 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 pern-Littee.
The permittee's representative shall make the following certification:
I certify 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, incZkong the
possibility offine and imprisonment for knowing violations. ��2 - -- -IN
=1
ro�
"-sa-p- �'
r" o
POSTDREDGING
COMPLETION REPORT
The pern-dttee 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: 132-201 Area C-1
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
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. #
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
pern-dt conditions were met. Any violations of the permit shall be explained in detail.
All conditioning permits were met: ( YeO No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
There was no eeigrass before dredging started.
The post -dredging report shall be signed by a duly authorized representative or trie perrruttee.
The pern-dttee'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, includdiLng. the
possibility offine and imprisonmentfor knowing violations. g, <
Sigvlature
rc�
POSTDREDGING
COMPLETION REPORT
The pern-dttee 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 pern-Lit. 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:
PermitNumber: 132-201 Area C-2
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
(toSea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
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. #
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: (Yeo 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 pern-Littee.
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 offine and imprisonmentfor knowing violations.
Signaturei/
A
W P
It', o it -J
'tie,
POSTDREDGING
COMPLETION REPORT
The pern-dttee 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: 132-201 Area D
Start Date: 3/13/03 Completion Date: 3/25/03
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
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. #
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: ( Yel 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 pern-dttee.
The pern-Littee'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., includby tile
possibility offine and imprisonmentfor knowing violations. 4� e. -tA
Signd6e
rc�
Ire o it _�o
POSTDREDGING
COMPLETION REPORT
The pern-dttee 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 pern-Lit. The
post -dredging report shall include the following information for the completed individual
dredging project:
PermitNumber: 132-201 Area E
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
(ioSea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact: (Ye� 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. #
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: ( YeO 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 offine and imprisonnwntfor knowing violations, r-
Signat-dre
rc�
W P
"RXF7�' -,
F o 12 .�
POSTDREDGING
COMPLETION REPORT
The pern-Littee 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:
PermitNumber: 132-201 Area F
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
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. #
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: ( Yeo 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, inc u tile
possibility offine and imprisonmentfor knowing violations. lqz-- M
Signdture
ro�
W P
IF" o it _.�Ao
POSTDREDGING
COMPLETION REPORT
The perrnittee 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:
Pern-dt Number: 132-201 Area G
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact: (Ye� 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. #
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: ( Yeo 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 pern-dttee.
The pern-dttee'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, includink7the
possibility offine and imprisonmentfor knowing violations.
Signaffire "I
ro�
W P 0
1
Z2�-7!n"'
1 re o it !.�4
M
POSTDREDGING
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:
Pern-Lit Number: 132-201 Area H
Start Date: 3 / 13 / 0 3 Completion Date: 3 / 2 5 / 0 3
Total dredged material to Beach:
6Sea(LA3):) 1,000 cubic yards
-Total acreage impacted: .21 acres
Mode of dredging and transportation, and method and frequency of disposal:
clamshell into dump barge
barge towed to L.A. 3 and dumped
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. #
A certified report from the dredging site inspector and the captain of any tag 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 pern-dt shall be explained in detail.
All conditioning permits were met: ( Yeo No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
There was no eeigrass before dredging started.
The post -dredging report shall be signed by a duly authorized representative of the permittee.
The pern-dttee'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 offine and imprisonmentfor knowing violations. Z��2d
Signat,6re
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF: October 7, 2002
Office of the Chief
Regulatory Branch
City of Newport, Harbor Resources
Attention: Tony Melum
PO Box 1768
Newport Beach, California 92658
RE: Reference No. 200300017-CJF
Dear Mr. Melum:
This is in reply to your applications dated May 16, 2002, for Department of the Army
Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay,
Newport Beach, Orange County, California. This letter authorizes maintenance dredging at
nine sites within Newport Bay (see below).
city
Harbor
Permit #
Site Address
Volume
(Cubic
Ya ds)
Area
(est., sf)
Beach
Disposal
Ocean
Disposal at
L.A. 3
132-201-A
201 E. Coast Highway
1000
11040
No
1000
132-201-B
201 E. Coast Highway
1000
11600
No
1000
132-201-C-1
201 E. Coast Highway
1000
12700
No
1000
132-201-C-2
201 E. Coast Highway
1000
5900
No
1000
132-201-D
201 E. Coast Highway
1000
7600
No
1000
132-201-E
201 E. Coast Highway
1000
10560
No
1000
132-201-F
201 E. Coast Highway
1000
7800
No
1000
132-201-G
201 E. Coast Highway
1000
7500
No
1000
132-201-H
201 E. Coast Highway
1000
10800
No
1000
Totals
9000
85500
0
9000 cy
Year-to-date Totalfor Ocean
Disposal
-2 -
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.
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.
Sincere
ly,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-ReJlPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 ega_
2. Project Address (Street Address) Harbor Permit Number -2-4o r
3. New Construction Revision , Maintenance Dredging X
4. Fee $377.00 Check No. Date
5. Brief Description of Proposed Work: Dredging of aRproximately 1000 c.y. to be hauled to sea.
6. Submit 8 112** x 11 " Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properfies.
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.
Exisifing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall.be adequate to clearly show the above information.
13).Exisfing 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)
8. Applicanrs/Agenrs Signature: <%2m "J,�L Date: 8/31/01
Joint Permittee Signature (If appika—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 lo the"notice you will be in violation of the Newport Beach
Municipal Code and �ubject to penalties.
��110. 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.
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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMIT NO.:
DREDGING APPLICATION
Project Location: 201 E. Coast Highway, NMort Beach, CA 92660 MD
Latitude/Longitude: Latitude N 33' 36'56.2", Longitude W 1171 54'13.0"
Cubic Yards to be Dredged: A ly 1,000 cubic yKds
"roximate-
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached repqrt
Disposition of Dredged Material: _ haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. Mill -, (Applicant/Applicant's agent), hereby certify that I have read the 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 ftu-ther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Grogp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: !�� "
Applicant/Agent
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt. from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
- L 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).
L 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: &n Date: 8/31/01
Contractor. Shellman-, Inc.
Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class: A,1L___7-3tate Board No. - 5 61414 1 __Qity License No._96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& 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 Signatur9g_� Date:
_Z/
00.90
99.9
99.8
99
go
95
so
so
0
so
Z
so
W
40
30
C
2 20
10
5
0.5
0.2
011
0.05
0.01
rAH11ULI: WIAMkT1:H IN PHI UNITS
i I i o: s 0.*25 0.125 a.6@s o.o7sts
PARTICLE DIAMETER IN MILLIMETERS
0.3 % Gravel 1.7 % Sand 98.0 % Silty -Clay
Mean = 8.60 (0.0025 mm)
Sample location: Balboa Marina, 201 E. Coast Highway, Newport Beach, California.Berth
No. 118 at a depth of 7.2 feet below MLLW.
Lejman
. Cumulative Grain Size Distribution Phi Units
G, Geotechnical
.
Berth No. 118
Group
Client:
I BeIlPort Group
Project:
1 .53500-00
I late:
August 2000 1
Plate:
2.4
Incorporated
loll
511111
I
HIM
rAH11ULI: WIAMkT1:H IN PHI UNITS
i I i o: s 0.*25 0.125 a.6@s o.o7sts
PARTICLE DIAMETER IN MILLIMETERS
0.3 % Gravel 1.7 % Sand 98.0 % Silty -Clay
Mean = 8.60 (0.0025 mm)
Sample location: Balboa Marina, 201 E. Coast Highway, Newport Beach, California.Berth
No. 118 at a depth of 7.2 feet below MLLW.
Lejman
. Cumulative Grain Size Distribution Phi Units
G, Geotechnical
.
Berth No. 118
Group
Client:
I BeIlPort Group
Project:
1 .53500-00
I late:
August 2000 1
Plate:
2.4
Incorporated
Lejman
G Geotechnical
Group
Incorporated
L__1
Grain Size Summary
Berth No. 118
Grain Size
Summary
Date:
1 August 2000
--------------------------------------------------------------------------------------------------------------------------------
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
---------------- ---------------------------------------------------------------------------------------------------------------
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.0
0.0
2.00
-1.0
10
0.3
0.3
--------------------------------------------------------------------------------------------------------------------------------
1.41
-0.5
14
0.0
0.3
1.00
0.0
18
0.2
0.5
0.71
0.5
25
0.0
0.5
0.50
1.0
35
0.2
0.7
Sand 0.35
1.5
45
0.2
0.9
0.25
2.0
60
0.2
1.1
0.177
2.5
80
0.2
1.3
0.125
3.0
120
0.2
1.5
0.088
3.5
170
0.3
1.8
0.074
3.75
200
0.2
2.0
--------------------------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
2.0
4.0
0.031
5.0
9.0
13.0
0.016
6.0
6.0
19.0
0.008
7.0
11.0
30.0
0.004
8.0
11.5
41.5
0.002
--------------------------------------------------------------------------------------------------------------------------------
9.0
13.5
55.0
0.3% Gravel
1.7% Sand
98.0% Silt -Clay
Sample provided to
Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and
fine to medium sand with some seashells
and was obtained from
Balboa Marina, 201
E. Coast Highway, Newport Beach, California. Berth No.
118 at a depth of 7.2
feet below MLLW.
Lejman
G Geotechnical
Group
Incorporated
L__1
Grain Size Summary
Berth No. 118
client:
I BeIlPort Group
Project:
1 53500-00
Date:
1 August 2000
Plate:
1 1.4
May -14-02 11:58A Shallmaker- Inc
Site Name:
!' (common r ference) Ol j Y�
t Survey Contact:
(lkame, phanC, C-rmil) I� �
Permit Reference:
949 548 5315
_..... �10 of
P_02
May -14-02 11:58A ShQ11makc-t- Inc:
(ACOI� Pcmlit
IRWQCB Order 'Lert. No.) -
Lert. No.)
=or 'fdy#
/7c -'O 9— / &'Via
"'ydrographic System.
F(b.,.
�h aY, estuary, lagoon, or
a IL
rbor)
949 548 5315 P-03
NPecuic Location-.
(UTK Lat./Long., datun-4
accuracy level, attach
electronic survey area nap if
possible)
38
0 �� / 10
4d- AI�7,;' S -Y/
lWas Caulerpa
�Detected:
Yes, CgulerP2 was found st this site and
(ifcauler i0oundplease
u=ediatoly contact the
has been contacted on -- date.
perraitting agency project
r
staff and NAIFS or CD1FG
0, Caulerpa was not found at this site.
�Icrsonnel identified above)
Description of
Rermitted Work:
describe bti�fly the work to
le conducted at the site Dre-j
nder the pernlits identified -c- Mck r'jf) q\ 4 o
bove)
C3, 'C�-o C�"
1pescri tion- of Site: epth range --
of Sit'
Cscribe e physical and
iolo 'cal conditions within
'M'
_ of
�jm ]
11hhee srceyy
rea at the time of
t '.
5 and prqvide
insight into vallabi2lity, if
j 'U
known, Please provide units
-for ail numerical
May -14-02 11:58A Shellmaker Inc
Description of Survey
Effort:
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
tlethods errtployed, date of
vork, and survey dcnsity
estimatcd perccntage of the
00ttom actually viewed).
)escribe any limitations
ncountered during the
urvev efforts.
site
949 548 5315 P_04
Mt-�.C-� Z511 � �c311
Bey dare
time
)d: A
Mme aoa�
7 r'159;;1i a '-30M
in
+ 6 '5 / 1 TO /
,ey type
m [hods: `�
May -14-02 11:5SA Shellmakev Inc-- 949 548 5315 P-05
Survey
ersonnel: e�
Survey
density: 70 Jk I V; -'e -
Survey
limilations:
Y'q'j b
Other Information:
(use this space to provide
any additional information or
references to attached
matcrials such as maps,
reports, etc.)
Caulerpa Survey Reporting Form (versiuEL 1-0, 9/18/0 1)
Caulerpa Eradication in souttiern
Califomia
0 S—Q�jffiwesl Region Hoij)e Pa e
M.
117 Jry
Ir
7�4
0
V'j,01NITY SKETCH r,
01W"gr *AY, CAL llrv^mf^ e rr r
v
A?"
ael op 9F Or* I#? rvr� Ono, 0(0090�gr
otp.0.4,7 4pq1Vw 4fvon 4owqr Z.ow WbAr^
(700q W. via
T
eElLtASS INSPECTION
NO EEL GRA35S WITHIN 15'OF PROJECT
EEL Gpd 14 THE PROJECT AREA
GNATURE
S
7§
3 /11 - 1%
PERMIT # DATE
A..
C
D c
0 C
C
of
HARBOR REARCES DIV.
CITYOF�NEWPORT EACH
f
A Pg�- IC,4A-Irs AXAAofd Bellport Lroup Inc. /-,V, 7-AEACr- 5361
8/24/01
-Shel.l.Maker Inc.
201 E. Coast Highway CoAl M -AC
A op g e ss :)A ra
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARE30R PERMIT APPLICATION (Please print all information)
-Be-UPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
92660 Apr& 1-tV
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA rG___1
2. Project Address (Street Address)
Harbor Permit Number / 3 2 Zc)t
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No. Date
5. Brief Description of Proposed Work: Dredging of aRl2roximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x I V 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.
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)
8. ApplicaniVs/Agents Signature: !3� Date: 8/31/01
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
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)
L/0' Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Conditions�
Date
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
W-17'0� - 4
PERMIT NO.:
DREDGING APPLICATION
Project Location: 201 E. Coast I-E&way, NemMort Beach, CA 92660 0—
Latitude/Longitude: LatitudeN33' 36'55.9", Longitude W117' 54'11.1"
Cubic Yards to be Dredged: A
Mroximately 1,000 cubic yALds
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Leport
Disposition of Dredged Material: _ haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. Miller,(Applicant/Applicant's , agent), hereby certify that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Grogp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: SF� "t'-
Applicant/Agent
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt. from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors license Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged - exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for- not more than five hundred dollars ($500).
- L 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).
- L 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 ninprove . s 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:
-4
Owner's Signature: Date: 8/31/01
Contractor Shellman—, Inc.
Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663 -
License class: A,,aL___7:)tate Board No. 561414 ---City License No. 96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& 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:
'OWNER -BUILDER DECLARATIO
I hereby affirm that I am exempt from the contractor's I c e law for e fo ow g reasons.
(Sec. 1131d_5,13usiness and professions Code). Any City i ens th 11 in
construct, alter, improve, demolish, or repair any s or County which requires a permit to
tructure, prior to its issuance, als;
the applicant for such permit to file a signed statement that he is licensed pursu 0 requires
ant 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 .
for the alleged - exemption- Any violation Of Section 7031 Ls exempt therefrom and the basis
subjects the applicant to a civil p .5 by any applicant for a permit
enalty for- not more than five hundred dollars ($500). .
L 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.
Professions Code: The Contractor's License Law does 7044, Business and
builds or improves thereon, and who does such work not apply to an owner of property who
provided that such improvements are not himself or -through his own employees,
building or improvement is sold within one intended or offered for sale. If, however, the
year Of completion, the Owner -builder will have
the burden Of Proving that he did not build or improve for the purpose of sale).
--- L as Owner of the property, am exclusively contracting with licensed contractors
construct the project (Sec. 7044, Business and Professions Code: The Con actor s to
does not apply to an owner Of Property who builds tr License Law
such Projects -who builds or improves thereon, or unproves thereon, and Who contracts for
and who contracts for such projects with a
ContractOr(s) License pursuant to the Contractor's License Law).
am exempt under Sec. of Business and Professional Code for this reason:
----------------
Owner's Signature: — I
Contractor Shellma_�n, Date: 8/31/01
4r� Address: 875 B West 15th St Telephone: 9T9/548--53-59
License class: reet, Newport Beach CA
A-ML-_�.3tate Board No. __L61414
HIC —"—City License No. 96002210
License Contractor's Declaration
I hereby affirm that I am licensed under provisions. of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect
Contractor's Signature
Date:
/20/2001 07:42 949-460-9577
Grain Size Summary
PAGE 06
--------------- - - - - ---------
- --------- --- -
------- - - - - - -------
- - - - - --- - --- - - --- - -----
% Material
- - - ----- - ------ - ---------
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
-----------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.1
0.1
2.00
--------------- - --------------------
-1.0
- - ------------------------------------
10
0.1
0.2
1.41
-0.5
14
- ----------------------
0.0
- - - ----- - --------------
0.2
1.00
0.0
18
0.1
0.3
0.71
0.5
25
0.0
0.3
0 . 50
1.0
35
0.0
0.3
Sand 0.35
1.5
45
0.1
0.4
0.25
2.0
60
0.1
0.5
0.177
2.5
80
0.2
0.7
0.125
3.0
120
0.1
0.8
0.088
3.5
170
0.1
0.9
0.074
------------------------------------------------------------------------------------------------
3.75
200
0.1
- 1.0
Silt-clay 0.063
4.0
1.4
- ----------------
2.4
0.031
5.0
6.6
9.0
0.016
6.0
9.0
18.0
0.008
7.0
14.0
32.0
0.004
8.0
12.0
44.0
0.002
- - ---- - ------- - --- - ------
9.0
- --- --- - ---------
- ----- - -----------
9.5
-- - - - ----- - --- - -------------
53.5
- - - -- - --- --
0.2% Gravel 0.8% Sand 99.0% Silt -Clay
0.2 % Gravel 0.8 % Sand 99.0 % Silty -Clay
Median = 8.590 (0-0026 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 88
at a depth of 1 to 2 feet below mud line.
Lejman
Geotechnical
Group
Incorporated
G
Curnulative Grain Size Distribution Phi Units
Slip No. 88
Client:
BeIlPort
Project:
01-53-00
D2tG: July 2001 Plate; 2.2
May -14-02 11:58A Shellmakev Inc 949 548 5315
1 Site Name:
ommon refuenre)
T C.A,
�urvey Contact:
, e, Vboiic, c-rrmil)
(1, 7U.'r, V! ly, —t
Ke:r:t�:i�t�Pefereuce:--
P�02
May -14-02 11:58A Shellmaker- Inc
kCOE Pennit No,,
WQCB Order Or Cert. No.1
lydrographic system.
ay, estuary, lagoon, or
rbor)
)ecific Locatiom.
TNI, Lat,/Long., daann,
'uracy
level, attach
Ctronic survey area rnap if
949 548 5315 P.03
'� &7to
ka-r-60 (_
.D.6 ,
r
�s 1 3
be,- - I q
di 1-7 0
4�- AI�7,�P S -Y 1�1_f I
IlWas Caulerpa
JDetected: Yesq CAu1erPa was found at this site and
�(ir COUerpa ik foun(t please
irrimediately contact the has been contacted on date.
perrWtting agency project
staff and NMFS or (,DF No, Caulerpa was not found at this site.
Personnel identified abo,2e)
Description of
POrmitted Work:
describe bri�fly the work to
ic conducted at the site D Mck r') n o, 4 o
ader the permits ideritified
hove)
escription of Site: epth range-,
describe the pbysical and
iological conditions within
SUZrVCY 2r a at the tinie of
the survey and prqvide
insight into variabifity, if
known. Please provide units
for all numcrical
MA.y-14-02 11:58A Shallnnaknv- Inc
I —
IDescription of Survey
�Effbrt-..
(please descnbe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
'ncthOds employed, date of
vork, and survey density
asti=tcd percentage of tile
Wtom actually'viewed).
)escrilbe ally limitations
ncountercd during the
arvev efforts.
Other site
descriptio�
70tes:
949 548 5315 P�04
date
n"e
-7 30
wizonial
ibility in + 6 7-0
ter:
'vey type CA
I Melhodd�--S:Pf
J" �) OR In
May -14-02 11:5SA Shallmakav Inc: 949 548 5315
P-05
Survey
ersonnel: Ca S 0 r-1 M CM, r) VA
Survey
density;
Survey
limitations: APMA 9,�)
Other Information:
(use this space to provide
any additional information or
references to attached
materials such as znaps,
rc orts, etc.)
Caulerpa Survey Reporting fjonn (versi,n 1.0, 9/18/01)
Caulerpa Eradication in Southem
Califomia
0 5—WL01west Region Home Page
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HARBOR RESOURGE'S'DIV.- 2 5
CITY OF NEWPORT5 ACH H
-/00
ppi_ c -.4A-, r s Bellport..,Lroup Inc ea Ir, 7 -Ar A cr. 5361
iShelliffak-er- -Inc. 8/24/0 f
20.1 F. Coast Highway
MONO ro 4' PA 7
..........
"49
September 10, 2001
Tony:
Please find enclosed five applications, soils reports and application fees for Balboa
Marina. There will be three others following in the next couple of weeks for the
remaining areas to be dredged. I have included a separate map for your convenience
with the particular areas marked off. We're anticipating the standard thirty -day
turnaround and are hoping to be able to proceed in October. Please don't hesitate
contacting me should there be any questions or delays.
Regards,
1137 Bayside Drive, Corona del Mar, California 92625
Tel. 949.644.9730 Fax 949.720.9436 www.beliport-group.com
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT or—
HARBOR PERMIT APPLICATION (Please print all information)
-Be-UPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660
2. Project Address (Street Address) Harbor Permit NumberN____.1
I_� 2 - 2-c.>
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No.
Date
5. Brief Description of Proposed Work: Dredging of aRRroximately 1000 c.y. to be hauled to sea.
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.
0). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall.be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed (on reverse side of this sheet)
8. Applicant's/Agent's Signature: 2C4,, jjla� Date: 8/31/01.
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.
N,
4110. 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.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
V' 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)
V" Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Conditions:
Date
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMITNO.:
DREDGING APPLICATION
G
Project Location: 201 E. Coast Hi&way, NMort Beach, CA 92660 AREA 0
Latitude/Longitude: Latitude N 33' 36'56.9", Longigide W 117' 54'09.7"
Cubic Yards to be Dredged: AppLoximately 1.000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Mort
Disposition of Dredged Material: _ haul to sea and dump
Method of Material Disposition: bg&e to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: (0 /C> 1 /0 1 < Project Ends: M 1"'i S /
1, Lorenzo C. Mille r,(ApplicantlApplicant's agent), hereby certify that I have read the U.S.
Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit
#5m99-282 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Groo
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed:
Applicant/Agent
�rl
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt- from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors license Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for- not more than five hundred dollars ($500).
- L 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).
- L 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:
"T 8/31/01
Owner's Signature: \&(m.A cLJA— Date:
Contractor. Shellman,- Inc. Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class: A,,2L__.5)tate Board No. - 5 61414 ity License No._96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (corrunencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signatur, D a t e:
--------------------------------------------------------------------------------------------------------------------------------
Grain Size Summary
Slip No. 92
Grain'Size Summary
Project:
01-65-00
Date:
1 September 2001
Plate:
1 1
% Material
Cumulative
Opening
Size
Sieve Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh by Weight
Retained
4.75
-2.25
4 12.2
12.2
Gravel 2.83
-1.5
7 0.7
12.9
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
10 0.1
13.0
1.41
-0.5
14 0.1
13.1
1.00
0.0
18 0.1
13.2
0.71
0.5
25 0.1
13.3
0.50
1.0
35 0.1
13.4
Sand 0.35
1.5
45 0.2
13.6
0.25
2.0
60 0.1
13.7
0.177
2.5
80 0.4
.14.1
0.125
3.0
120 0.2
14.3
0.088
3.5
170 0.2
14.5
0.074
--------------------------------------------------------------------------------------------------------------------------------
3.75
200 0.1
14.6
Silt-clay 0.063
4.0
0.4
15.0
0.031
5.0
3.5
18.5
0.016
6.0
4.1
22.6
0.008
7.0
11.9
34.5
0.004
8.0
26.0
60.5
0.002
-------------------------------------------------------
9.0
11.5
-------------------------------------------------------------------------
72.0
13.0% Gravel
1.6% Sand
85.4% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BeIlPort Group.
Sample consists of clayey silt and small percentage of fine sand with a high percentage of seashells
and was obtained from Balboa Marina, Slip no. 92 at a depth of 1 to 2 feet below mud line.
Lejman
G Geotechnical
Group
Incorporated
Grain Size Summary
Slip No. 92
I client: BellPort Group
Project:
01-65-00
Date:
1 September 2001
Plate:
1 1
May -14-02 11:58A Sh4211makav Inc
Site Name: E
5:TVt
,
(common reference)
Survey Contact: r
(Flarm, P110FIC, C=mail)
Permit Reference:
949 548 5315
f 44). Y-5-3 Y-57,
P_02
May -14-02 11:58A Shellmaker- Inc
949 548 5315 P-03
kCOE Permit No.,
'E )/; YWC
WQCB Order or Curt. No.)
�Ydrographic System:
af, geon, Srem,
ay, estuary, lagoon, or
rbor) 1=
)ecific Location-.
TM, Lat,/Long., dahnn,
r
,uracy level, attach
ctronic survey area rnap if /OMAY
-(7fA j ",4Y
sy, -r
/, a/ 1-7
Al
erpa CaulerPa was found at this site and'
�,Zete Y'
(if Cau r ik found, please
has been contacted on
untnediately contact the date.
perruitting agency project
staff and NMFS or (-IDFGj-. No, C"ICM2 was not found at this site.
Pcrsonnel identified aboy
e
Description of
Permitted Work:
desciibe brikly the work to
1c conducted at the site 4o
inder the Permits identified
bove) S
F
[Description of Site: epth ra—nge--
1(describe the physical and
Jbiological conditions within
the survey area at the finie of
the survey and prqvide
insight into vaiiability, if
known. Please provide U111*Ts
ror all numerical
May -14-02 11:58A ShellmakQv- Incz
Other site
949 548 5315 P.04
Z5'i
Description of survey 11"U" date
0
Effort,
(please describe the sumeys erlod:
ev-'
conducted including type of
"X
survey (SCUBA, reinote
video, etc.) and survey
methods erriployed, date of
7'-?GAI
Ivork, and survey density
estimated percentage of the
Ott= actually viewed),
)escribe any limitations
-7
30
WAA
ncountered during the
arvev efforts -
in
2 1 / , I
,-+t) 3 // TD.-�
ley type
methods],
May -14-02 11:58A Shellmakiar- Inc -
949 548 5315 P�05
Survey
ersonnek
Survey
density:
Survey
limitations: AA" 9,,)
Other Information:
(use tIds space to provide
any additional information or
ref=nces to attached
materials such as rnaps,
re orts, etc.)
Caulerpa Survey Reporting Forin (version 1.0, 9/18/0 1)
Caulezpa Eradication Lri _Southern
Califomia
0 �i—OtLthwesl Region J4ojj)e� page
.. ........... . .
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VIP I N I TY SKETCH
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00,ndmqrs
70'EZL
GRASS INSPECTION : *glow Wvp 4ower Z-aw wa)4r,-. Alaz/Aw-um,
EEL GRASS WITHIN 15'OF PROJECT weva6le'shon �h7s 51
A'aw orr"Vew,~1 'Sox.
_(NO
El EEL GRASS IN THE PROJECT All�
G ATURE
PERMIT
v
C-
CZ7=
lo
z --7
1=5
___a
_lL o�r7� >
G
A
HARBOR RE URCE�§..DIV
CITY OF NEWPORT B H
bo 0
,AjF24,
Bellport Group Inc
CAA..l 7S A,1.4Af&
5361
r.
201 E.. Coast Hig4wAy
-shellmaker
CA4a-WA . C A0 .4
Inc. 8/24/01
:>A 7-d
.. ........... . .
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT V"
HARBOR PERMIT APPLICATION (Please print all information)
-BellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 hQ_V7A CED
2. Project Address (Street Address)
Harbor Permit Number
3. New Co nstruction Revision
Maintenance Dredging X
4. Fee $377.00 Check No. Date
5. Brief Description of Proposed Work: Dredging of apRroximately 1000 c.y. to be hauled to sea.
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.
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 affecfing boating operations.
110).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)
8. ApplicaniVsiAgent's Signature: . lkt-, Ina, Date: 8/31/01
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.
��110. 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
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
PERMIT NO.: / -� z - 2— 0 t 1 9—
DREDGING APPLICATION
Project Location:
Latitude/Longitude: Latitude N 33' 36'55.6", Lonaitude W 117' 54'12.4"
Cubic Yards to be Dredged: Approximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Mort
Disposition of Dredged Material: _ haul to sea and d
I=
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 1' 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. Mill , (Applicant/Applicant's agent), hereby certify that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort GroLip
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: <��, "t-,
Applicant/Agent
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
- L 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. ff, 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).
- L 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 hinproves thereon, and who contracts for
such projects who builds or ftnproves 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: �X4'1e� Date: 8/31/01
Contractor. Shellman-, Inc. -5359
Telephone: 949/548
Address: 875 B West 15th Street, Newport Beach, CA 92663-1701
license class: Aa&___.7Aate Board No. 561414 ___�City License No. 96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code., and my license is in fun force and
effect.
Date: Fldxlc_�l
Contractor's Signature
9�7/20/2001 07:42 949-460-9577 LEJMAN GEOTECHNICAL PAGE 07
Grain Size Summary
0.2% Gravel
0.2 % Gravel
Sample location
2.1 % Sand
2.1 %Sand
Median = 7.640 (0.005 mm)
97.7% Silt -Clay
97.7 % Silty -Clay
Balboa Marina, middle channel, adjacent to slip no. 115
at a depth of 1 to 2 feet below mud line.
Lejman
Geotechnical
Group
Incorporated
I
Cumulative Grain Size Distribution Phi Units
Slip No. 115
_T
Client:
BeIlPort Group
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
--- - ---- - - - --- - --------------
4.75
- ------ - ----
-2.25
- - - - - - - - - - - - - ------
4
- --------------- - --------------
0.0
- - - -- - --
0,0
Gravel 2.83
-1.5
7
0.1
0.1
2.00
-1.0
10
0.05
0.2
------------------- - -----------
1.41
- --- - - - ----
-0.5
- ------------- - - -
14
- - ------ - ----- - --- - ----------
0.05
- - - - - -- - -----
0.2
1.00
0.0
18
0.1
0.3
0.71
0.5
25
0.05
0.4
0.50
1.0
35
0.05
0.4
Sand 0.35
1.5
45
0.1
0.5
0.25
2.0
60
0.2
0.7
0.177
2.5
80
0.3
1.0
0.125
3.0
120
0.3
1.3
0.088
3.5
170
0.4
1.7
0.074
3.75
200
0.6
2.3
--------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
1.7
4.0
0.031
5.0
11.5
15.5
0.016
6.0
9.0
24.5
0.008
7.0
15.5
40.0
0.004
8.0
12.0
52.0
0.002
9.0
7.5
59.5
0.2% Gravel
0.2 % Gravel
Sample location
2.1 % Sand
2.1 %Sand
Median = 7.640 (0.005 mm)
97.7% Silt -Clay
97.7 % Silty -Clay
Balboa Marina, middle channel, adjacent to slip no. 115
at a depth of 1 to 2 feet below mud line.
Lejman
Geotechnical
Group
Incorporated
I
Cumulative Grain Size Distribution Phi Units
Slip No. 115
_T
Client:
BeIlPort Group
roject:
01_53-00 ]
Date,
July 2001
Plate:
1 2.3
May -14-02
y-14-02 11:58A Shallmaker Inc
Site Name:
�
(common reference)
Survey (.'Ontaet:
(riarlie, phone, r -mail)
Permit Reference:
TT 949 548 5315
P. 02
—LAa.y-14-02 11:58A ShellmakQv Inc:
'DE Permit No., —
QCJ3 order Or Cem No.]
Irographic System.
, estuarY, lagoon, or
71c Locatiom
Lat./Lorig., daturn,
y level, attach
Ic survey area =p if
IW&s Caulerpa
�Detected:
(if Caulerpa is, found, please
irmediatcly contact the
PerrWtting agency project
staff and NMFS or CDFC;
�cr$Onnel identified above)
Description of
Permitted Work:
describe bri�fly the work to
le conducted at the site
nder the permits identified
hove)
949 548 5315 P.03
be, 38 "'4y 6
0 / sy, J" 40 /
7"232,7 �� / 4. (dill S-Y��_q
.Yes, Caulerpa was found at this site and
—has been contacted on date.
)NO, C2111erP2 was not found at this site.
D r-ej (�, C Moxr') n o\ 4 o
.48 S �" 7 P1 _LD"- P +
-I- e3 's -e C�"
joescription of Site: epth range!
j(describe the physical and
biological conditions within
the survey area at the tinie of
the survey and prqvide
insight into variability, if
�Mow-n, Please provide ur�ts
'Or all aumerical
_,nay -14-02 11:58A Shellmakev Inc 949 548 5315 P-04
"Site
-iptio
,izonral I
bility in ;L + b 3 7-0
or,.
ley type
melhods S C CA
Description of Survey Su?14V date
Effort-, and fime
(please descn-be the surveys - d
erlo
r-onducted including type of
survey (SCUBA, remote
video, etc.) and survey
"nethods employed, date of
Vork and survey dcnsity
141MO
esr�mtcd perccntagc of the
�Ottom actually viewed),
)escribe any lirnitations
-7 97-�>
30
ncountered during the
arvey efforts.
,izonral I
bility in ;L + b 3 7-0
or,.
ley type
melhods S C CA
MaY-14-02 11:58A Shellmakev Inc 949 548 5315 P.0-9
Survey
ersonnek #1 e -
See? -I Mr
Survey
density: -50 70
Survey
limitations:
�6'j b
Other Information:
(use tws space to provide
any additional information or
references to attached
materials such as rriaps,
reports, etc.)
Caulerpa Survey Reporting 1�orm (versiuia 1-0, 9/18/0 1)
Caulerpa Eradication W—s—oudiert,
Califomia
0 5-0��jffiwesl Region Home Pag
V,
Cl 7- K Nompow r dw.4ow
S
ly 4r
C%
too**
I TY SRETCH
N.;Wpvorr PAY, CAL I
Foam#^
1620 , k—,
dippoFs cwe ox"awerswel: in Arw� *nce Qlowo�&
?jot.e�� 6olow Afo�ppj 4owqr Z.ow WoArr. AlCpx/mpurr
co
6RASS/INVErCTION
F -A NO LEI URASS WITHIN I FOF PROJECT
Ll EEL G,9 S HE PROJECTAREA
51 ATURE
y- zhi
77!
C -
z
C C==
D C
el -A
HARB011j,... �S 0 RCES D IV.
CITY OF NEWPORT BEACH
// loo
Az4l ort roup Inc. 5361
Belip ewe, 7AW A C 7-
-Shell.Maker Inc. 8/24/01
201 F. Coast High -Way
PA 'r&
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT 5111,/6
HARBOR PERMIT APPLICATION (Please print all information)
-Re-LIPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660
2. Project Address (Street Address) Harbor Permit Number
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No. — Date
5. Brief Description of Proposed Work: Dredging of apDroximately 1000 c - y - to be hauled to sea.
6. Submit 8 V2" 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)
8. ApplicantslAgerift Signature: Date: 8/31/01
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.
lr�110. 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.
bate
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
V"' Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -inspection
Date
Conditions:
PERMIT NO.: 2,0
DREDGING APPLICATION
Project Location: 201 E. Coast Highway, NMort Beach, CA 92660 4e[ -A
Latitude/Longitude: Latitude N 33' 36'56.6", LongjtLde W 117' 54'11.8"
Cubic Yards to be Dredged: A
ppLoximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Mort
Disposition of Dredged Material: haul to sea and dgmp
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: 10 /at /6 1 Project Ends: 12- /1 �5; /C� I
1, Lorenzo C. Miller, (Applicant/Applicant's agent), hereby certify that I have read the 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 wiffi 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort GroLip
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: kx�
Applicant/Agent
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for- not more than five hundred dollars ($500).
- L 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. ff, 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).
- L 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 d -ds reason:
Owner's Signature: _70MAAb 4__ Date: 8/31/01
Contractor. -Shellman, Inc. Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-17DT-
License class: &,RL____73tate Board No. _3_6_1_4140ty License No. 96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect
Contractor's Signatur,_�,, Date:
------------------------- ------------------------------------------------------------------------------------------------------
Grain Size Summary
Slip No. 98
Grain Size
Summary
Date:
September 2001
Plate:
1 1.2
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
3.5
3.5
Gravel 2.83
-1.5
7
0.7
4.2
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
10
0.1
4.3
1.41
-0.5
14
0.2
4.5
1.00
0.0
18
0.1
4.6
0.71.
0.5
25
0.1
4.7
0.50
1.0
35
0.1
4.8
Sand 0.35
1.5
45
0.2
5.0
0.25
2.0
60
0.2
5.2
0.177
2.5
80
0.2
5.4
0.125
3.0
120
0.2
5.6
0.088
3.5
170
0.2
5.8
0.074
--------------------------------------------------------------------------------------------------------------------------------
3.75
200
0.1
5.9
Silt-clay . 0.063
4.0
0.1
6.0
0.031
5.0
4.0
10.0
0.016
6.0
5.2
15.2
0.008
7.0
7.8
23.0
0.004
8.0
17.5
40.5
0.002
-------------------------------------------------------
9.0
-------------------------------------------------------------------------
13.0
53.5
4.3% Gravel
1.6% Sand
94.1 % Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc.
in a bulk container by BeIlPort Group.
Sample consists of clayey
silt and small percentage of fine sand with some seashells and. was
obtained from Balboa Marina, Slip no. 98 at a depth of 1 to 2 feet below mud line.
Lejxnan
G Geotechnical
Group
Incorporated
Grain Size Summary
Slip No. 98
Client:
Bellport Group 1
Project:
01-65-00 1
Date:
September 2001
Plate:
1 1.2
May -14-02 11:58A Shellmakev Inc: 949 548 5315
Site Name: to 0
1�(common reference) I
a f- I C) 0s,
Survey Contact:
TIATIle, pbolle, C -mail)
Permit Reference:—
0
P-02
May -14-02 11:58A Shellmakar- Inc--
)EPermit No,,
?CB Order or cert. No.)
rographic system;
eStuary, lagoon, or
r)
ific Location-.
�, Lat./Long., datun-4
Lcy level, attach
Mic Survey area rMp if
Vas Caulerpa
letected:
r Caulerpa ik found, pleasc
Unediately contact the
,umning agency project
Iff and NMFS or CDFG
rsonnel identified above)
ascription Of
,rmitted Work:
,scribe bri�fly the work to
conducted at the site
fer the pcmiits identificd
/7(—'o ' -
949 548 5315 P.03
.Dz,
r
�S 1 3 lormy a
60, _t�4 0 M.4Y 0::)
P �� 1 1-7 0 1
AI�7,2 S-Y�yq
Yes, Caulerpa was found at this site and
-has been contacted on date.
VO, Caulerpa was not found at this site.
D Mox Y-') 4 o
Description of Site: epth range --
(describe the physical and
biological conditions within
the survey area at the tinie of
the survey and prqvide
ff'might into variability, if
known. Please provide uz�ts
or all liumcrical
May -14-02 11:58A Shellmakc2!v Inc -
I ppecles
Other site
descripti0i
—9-
949 548 5315 P-04
Z5'i 131 n
IDescription of survey Survg date
0
and me
(please descnbe the survey, erlbd:
conducted including type of
D
A
survey (SCUBA, remote
video, etc.) and survey
,nethods employed, date of
'Vork, and survey density
IZIA44Y
�k 00 —2
est�natcd percentage of the
wttom actually viewed),
)escri.bE My lin2itationS
.0 .0
7 f
—
ncountercd during the
urvey efforts.
lizontal
bility in + -rD
ley type t �C"�s
melhods].
May -14-02 11:58A ShQ11makc2v Inc: 949 548 5315
P.05
Survey
ersonnel: CL S o r-1
r
3 Survey
ensity: 5e) 70 1 vke-
Survey
limitations:
Ykq,) b
Other Igforwation.-
(use tws space to provide
any addidbnal information or
reforences to attached
friatcrials such as maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.0, 9/18/0 1)
Caulew Eradication Ln Southern
Califomia
0 50--�Lffiwesl Region HoTI)e Pag�.-
...........
Cl rr aw NO, WR- 0, 0 9.4 Co W
—Pow="
AMA
A,
'64p 47
r
4t
I
VICOVITY SRETCH
liqw"wr *AY, CAL 11 rommi^
7,;*VA'dwe
exref: Wert ancy, c4poralle
4pelow 4fop" Lower zow way're. Alax"..c/.w,
EEL GRASS INSPECTION
0.0, blele VOV�'
/0 4-0-J. HCW46O.- //,7d' -S
NO EEL GRASS WITHIN 15'OF PRP ECT
X
A"s C;!bcw
0?r"vq.w,~fl SOX.
oil
U EEL GRASS IN THE PROJECT A A
S ATURE
S ATURE /C- ca a- S -r
PERMIF# L
A
t A
;2
C-%
C:-- 7= 1
y
C
9C
:75'
C
--D C
HARBOeRE�OURCES DIV.
CITY OF NEWPORT BEACH
Bellport G.roup
PPL C,,4A-1 7'5 Ael-4",& .4-1'.
Inc.
5361
7-9A Cr
-I,o,a Aooear-gs 201 E. Coast Highway
-sriel.�-maker
COA,7. *A C ro a
Inc. 8/24/01
PA 7-6
...........
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT 'ell
HARBOR PERMIT APPLICATION (Please print all information)
_11ellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone.,�—
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660
2. Project Address (Street Address) Harbor Permi Number'�`�
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No. Date
5. Brief Description of Proposed Work: Dredging of aRRroximately 1000 c. y. to be hauled to sea.
6. Submit 8 1/2" x I V 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.
0). 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)
8. ApplicaniVs/AgenCs Signature: d_yp" A.4 .11AL Date: 8/31/01
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. ff 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 fluall 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
Approval of the City of Newport Beach Council.
I.,< Approval of the Army Corps of Engineers
L-**" Approval of the Califomia 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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
Project Location:
PERMITNO.:
DREDGING APPLICATION
1IL-1
lib".1
Latitude/Longitude: Latitude N 33' 36'56.7", Longitude W 117' 54'11.9"
Cubic Yards to be Dredged: Approximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached report
Disposition of Dredged Material: - haul to sea and
Method of Material Disposition: bgge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: I g� /ep I e!�c I (E5X ) Project Ends: /c:> ( (F-5:[)-
1, Lorenzo C. Miller, (Applicant/Applicant's agent), hereby certify that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort GroLip
Applicant — Please Print
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
8/31/01 Signed -
Date Applicant/Agent
�rl
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for- not more than five hundred dollars ($500).
— L 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 improve . s 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: LI Date: 8/31/01
Contractor. Shellman,-Inc. -phone: 949/548-5359
— Tele
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class: A.,aL___�,-Aate Board No. _5AL,�1_40ty License No._96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& 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. TA
Contractor's SignatureI4�_�- ate:
--------------------------------------------------------------------------------------------------------------------------------
Grain Size Summary
Fairway behind Slip No. 105
__7P
Grain Size Summary
roject:
01-65-00
Dale: 001
September 2
1 Plate:
1.3
% Material
Cumulative
Opening
Size
Sieve Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh by Weight
Retained
4.75
-2.25
4 34.1
34.1
Gravel 2.83
-1.5
7 1.1
35.2
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
10 0.1
35.3
1.41
-0.5
14 0.2
35.5
1.00
0.0
18 0.2
35.7
0.71
0.5
25 0.1
35.8
0.50
1.0
35 0.3
36.1
Sand 0.35
1.5
45 0.3
36.4
0.25
2.0
60 0.1
36.5
0.177
2.5
80 0.2
36.7
0.125
3.0
120 0.1
36.8
0.088
3.5
170 0.2
37.0
0.074
----------------
3.75
200 0.1
37.1
---------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
2.4
39.5
0.031
5.0
9.5
49.0
0.016
6.0
3.0
52.0
0.008
7.0
8.0
60.0
0.004
8.0
12.0
72.0
0.002
-------------------------------------------------------
9.0
9.5
w -------------------------------------------------------------------------
81.5
35.3% Gravel
1.8% Sand
62.9% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and small percentage of fine sand with a high percentage of seashells
and was obtained from
Balboa Marina, fairway behind Slip no. 105 at a depth of 1 to 2 feet below
mud line.
Lejxnan
G Geotechnical
Group
Grain Size Summary
Fairway behind Slip No. 105
__7P
Client: BellPor I t Group
roject:
01-65-00
Dale: 001
September 2
1 Plate:
1.3
Incorporated I
M
ay -14-02 11:58A Shellmakev Inc
r
Site Name:
(common reference) Olt 0 C'^1
Survey Contact:
(name, phone, e-mail)
Permit Reference:
._ 949 548 5315
5/1010
f ). 5--3 S
P.02
May -14-02 11:5SA Shellmakc2!r- Inc:
WOE Permit No,, -
WQCB Order or Cert. No.)
�ydrographic system.
aY, "ItuarY, lagoon, or
rbor)
)eCific Location-.
TX Lat./Lorig., daftzm,
Mrac level, attach
y
ctronic survey area rnap if
949 548 5315 P-03
o
�S
'Da' -V 5 4 24� , o, i�, 1 3 �L— lome
60c --(7-fA 0 38 1
lerpa
Yes, Caulerpa was found at this sit; and
(ircau r isfoutidpleasc
unmediatcly contact the
has been contacted on date.
perruitting agency project
staff and NMFS of CD -FG
No, Caulerpa was Mot found at this site.
Pcr$Onnel identMed above)
Description of
of
Permitted Work:
Ork:
describe bri�fly the work to
th 0
le conducted at the 9site
f
D re -4 (�,C Moxr-') 4
Fc
n o\ o
nder the pcmiits identified
ntj 1
bove)
I)escription of site: epth ran -
describe the physical and ge
liological Conditions within
k survey area at the tinie of
2e survey and prqvide
Isight into variability, if
11own. Please provide ur�ts
Pr all numerical 11
May -14-02 11:58A Shellmakcar- Inc
Other site
949 548 5315 P.04
M�-& C— �' '5'1 � Jr/ �) 0,()
Description of Survey Purvey date
'"'ffort.-_ land
please describe the surveys
onducted including r�w of
4rvey (SCUBA, remate
idea, etc.) and survey
iediods employed, date of
ork, and survey density
stbmted percentage of the
)ttom actually viewed).
=ribe any limitatiorLs
30
countercd during the
rVey efforts-
mizontai
ibility in + t) 3 To
ter.,
T
type
S.
Imetho, S..
d .
May -14-02 11:58A Shc�llmak42r- Inc-- 949 548 5315
Survey
MOnnek r) I
r
Survey
density; --k-we-
Purvey
limitations: A
Other Information:
(use tIds space to provide
any additibnal information or
references to attached
materials such as maps,
reports, etc.)
Caulerpa Survey Reportirig Porm (version 1-0, 9/1810 1)
Caulena EradiLation in southern
Califomia
0 S—Q�Lffiwesl Region Hon)e Page
P-05
0"W. N4cw.,p4oA7r dx.4cow
J �2 -'5 -5
117
0
oil,
OY
-0,
At r
V.1; I IV I TY SKETCH
41,wroorr DAY, CA& i0roamlAk
prvr?� and 040.votle
4pelow Avfv�vn 4oWor Z.VW
IOWQVV�X IV 4
.Pro a r ble" re,
EEL GRASS INSPECTION
NO EEL GRASS WITHIN 15'OF PPA)JEC
El EEL GRASS IN TH�E PR CT�.At
ATURE
ell
ATURE
C
Tr
-Dc
z
C
_Y:C
C
-D D
1. -J-L
c,
HARBOR ORCES DIV.
J., CITY 0 WPORTBEACH
Ap,0j_1C-AA-1r5 A1,4"'d Bellport proup Inc. /r, 7-RAcr. 5361
-Shel.lMaker Inc. 877T/ 1
Aooze-qs 201 E. Coast Highway PA 7-A,
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-BellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660
2. Project Address (Street Address)
3. New Construction Revision Maintenance
4. Fee $377.00 Check No.
Harbor Permit Number"-�
I -:� 2- - 2—
Date
Dredging X
5. Brief Description of Proposed Work: Dredging of aRDroximately 1000 c.y. to be hauled to sea.
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.
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)
8. ApplicaniVs/Agents Signature: 2am Date: 8/31/01
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
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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMIT NO.: 1� 7 - 2, 0 1 (--/
DREDGING APPLICATION
Project Location:
Latitude/Longitude: Latitude N 33' 36'56.6", Longitude W 117' 54'13.8"
Cubic Yards to be Dredged: Approximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached report
Disposition of Dredged Material: - haul to sea and dump
Method of Material Disposition: bame to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
ProjectBegins: 10/61 lol LU- �ID- Project Ends: I -L / 15; A--) ) 6 ��. )
1, Lorenzo C. Miller A f at I have read the U.S.
,(Applicant/Applicant's agent), hereby ce i y th
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 ftu-ther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Grogp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Millm Shellmaker
Contractor — Please Print
Signed: %Ajua J,�q.
W Applicant/Agent
lr3;
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
— L 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).
— L 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 hinprove I s 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: 8/31/01
Contractor. Shellman, Inc.
Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class: A,,2L___73tate Board No. 561414 —
—City License No. 960022 10
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (commencing with Section
7000) of Division 3 of the Business. and Profe ions Code, and my hceZnseimn force and
effect.
71 Contractor's Signaturo��e Date: —
Lejxnan
Grain Size Summary
G Geotechnical
--------------------------------------------------------------------------------------------------------------------------------
G Group
Grain Size
Summary
roject:
.01-65-00 11
Date:
September 2001
Plate:
1.4
Incorporated
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
4.7
4.7
Gravel 2.83
-1.5
7
0.1
4.8
2.00
-------------------------------------------------------------------------------------------------------------------------------
-1.0
10
0.1
4.9
1.41
-0.5
14
0.2
5.1
1.00
0.0
18
0.2
5.3
0.71
0.5
25
0.1
5.4
0.50
1.0
35
0.2
5.6
Sand 0.35
1.5
45
0.2
5.8
0.25
2.0
60
0.2
6.0
0.177
2.5
80
0.3
6.3
0.125
3.0
120
0.2
6.5
0.088
3.5
170
0.2
6.7
0.074
--------------------------------------------------------------------------------------------------------------------------------
3.75
200
0.1
6.8
Silt-clay 0.063
4.0
1.2
8.0
0.031
5.0
8 * 5
16.5
0.016
6.0
7.4
23.9
0.008
7.0
11.6
35.5
0.004
8.0
21.5
57.0
0.002
-------------------------------------------------------
9.0
-------------------------------------------------------------------
8.0
65.0
-----
4.9% Gravel
1.9% Sand
93.2% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and
small percentage
of fine sand with some seashells and was
obtained from Balboa Marina, fairway behind Slip no. 118 at a depth of 1 to 2 feet below mud line.
Lejxnan
Grain Size Summary
G Geotechnical
Fairway behind Slip No. 118
G Group
client-
I BeIlPort Grc)up
roject:
.01-65-00 11
Date:
September 2001
Plate:
1.4
Incorporated
May -14-02 11:58A Shcallmaker- Inc: 949 548 5315
�Site ame: 5 � 0 0
(co=2.n mfuenceL-11 -5 C7A 6 C", Ka f- i C) ON.,
Contact:
Permit Reference:
-1
P-02
May -14-02 11:58A Shellmakey- Inc:
(ACOB Penilit 'rt. No,) tO
der or Cr
JR /7C-4
!'O.&M
WQCB Order ' Lr �No.)
M
rRydrogratphic �Syste
bay, eituary, lagoon,
Ck -f-
6 ecific Locatiom.
1
(r�pmvL Lat,/Long., datun-4
accuracy level, attach
electronic survey area rnap if
949 548 5315 P.03
Loc P --s il� I -T7-fA 1 38 - I q m,4y *:)
sy, 40 1
C -7z �y
(Ali q
Was Camlerpa
Detected:
Yes, Caulerpa was found at this site and
(if Caulerpa ik found, please
immediatcly contact the
has been contacted on date.
PerrUitting agency project
staff and NAV
No, Caulcr`P2 was not found at this site.
Personnel identLifliedTaboTve)
escription of
Ormitted Work:
describe bri�fly the work to
be conducted at the site
Mok r 4
n q\ o
under the permits identified
above)
--]�
L- f
-"- P 4-
�O C"
Description of Site:
epth range!
(describe the physical and
biological conditions within
the survey area at the tinie of
the survey and prqvide
insight into variability, if
known, Please provide units
for all numerical
May -14-02 11:58A Shellmaker Inc
Description of Survey
Effort::
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
'netbods errrployed, date of
Vorl, and survey density
esti=tcd percentage of the
►ottom actually viewed).
)escribe any limitations
ncountered during the
arvey efforts.
.site
949 548 5315 P.04
Mt-l".� � 5,� J' ��O
Aey date'
time
At'-,
Alme �vo�
19.0 D
7, -7�t
'IZOntal
hility in ?.- ♦ a 5,11 t TOP
ter•
m thoe'9
MaCy-14-02 11:58A Shellmakev Inc -
949 548 5315 P.05
CaU]efpa Survey Reporting Form (version 1-0, 9/18/01)
CauleM.a Eradication Ln —Southerf,
Lalifomia
0 5-0�!tllwesl Region Rome Pa e
--g,
- 6�0
Xr-
EEL GRASS INSPECTION
NO EEL GRASS WITHIN 15'OF PI
A 2
let
IV
*Cvr,
of 000
14
re
VICIMTY SKETCH
N.AFWPORr DAY, CAL loromMIA
spov,ndipp9ps CZ -0 exogwairsoof ow lrwrj� ap)d atwwoi�fr
0!�LVOAO Or/ow `1,fwp#7 4ow4?r 4cpw Alax/."Umy
or Af-a's
A;f /*;S . Jeqj�,,QW Oyr,4lqW
~,. 5 ar.
E3 EEL GRASS IN THE PROJECT AR
ATURE
A ;2
v�
JA
7
C
-7
'Z 0 1=
D �f
OA
r -
c
-5
HARBOR
R rSO YRCES DIV.
T nil
CITY OF NEWPORT BEA:yn
L C14A-1 7'5 Bellpc Inc: 7A -E A C 7-- 5361
-7m.'-'. -Shel.1maker Inc. 8/24/01
Aooe4rss 201 E. Coast Highway - CoAlrxm c roo -")A -r&
PERMIT NO.: / � 2- - Fl,o f 0- 7��
DREDGING APPLICATION
Project Location: 201 E. Coast Highwgy, NeyMort Beach, CA 92660
Latitude/Longitude: LatitudeN 33' 36'56.2", Longitude W 117' 54'15.0"
Cubic Yards to be Dredged: Approximately 1,000 cubic y4L&
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Mort
Disposition of Dredged Material: _ haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. Mill -, (Applicant/Applicant's agent), hereby certify that I have read the 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 ftirther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Groo
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: %6�22 kr.A,�
Applicant/Agent
.4r,
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt. from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged -exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
- L 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).
- L 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 ninprove s 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: %:�2 Date: 8/31/01
Contractor. Shellmafl-,- Inc. Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-1701
License class: A.,J_1&G:)tate Board No. 561414
_____City License No._96002210
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& 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 A c Date: 71d vl,�
V
Lejman
Cumulative Grain Size Distribution Phi Units
M
Beith No. 130
G Group
client:
I BeIlPort Group
Project:
53500-00
gust 2000
Plate:
1 2.5
Incorporated
I ---
11MI
Lejman
Cumulative Grain Size Distribution Phi Units
G Geotechnical
Beith No. 130
G Group
client:
I BeIlPort Group
Project:
53500-00
gust 2000
Plate:
1 2.5
Incorporated
I ---
--------------------------------------------------------------------------------------------------------------------------------
Grain Size Summary
Berth No. 130
Grain Size
Summary
Date:
1 August 2000
Plate:
1 1.5
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
--------------------------------------------------------------------------------------------------------------------------------
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.0
0.0
2.00
-1.0
10
0.0
0.0
--------------------------------------------------------------------------------------------------------------------------------
1.41
-0.5
14
0.0
0.0
1.00
0.0
18
0.2
0.2
0.71
0.5
25
0.2
0.4
0.50
1.0
35
0.2
0.6
Sand 0.35
1.5
45
0.0
0.6
0. 25
2.0
60
0.2
0.8
0.177
2.5
80
0.0
0.8
0.125
3.0
120
0.3
1.1
0.088
3.5
170
0.3
1.4
0.074
3.75
200
0.2
1.6
--------------------------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
1.9
3.5
0.031
5.0
8.5
12.0
0.016
6.0
9.5
21.5
0.008
7.0
10.0
31.5
0.004
8.0
11.5
43.0
0.002
--------------------------------------------------------------------------------------------------------------------------------
9.0
13.0
56.0
0.0% Gravel
1.6% Sand
98.4% Silt -Clay
Sample provided to
Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and fine to medium sand with some seashells and was obtained from
Balboa Marina, 201
E. Coast Highway, Newport Beach, Cal iforn ia. Berth No.
130 at a depth of 7.4
feet below MLLW.
Lejman
G Geotechnical
Group
Incorporated
1 -1
Grain Size Summary
Berth No. 130
client:
1 BeIlPort Group
Project:
1 53500-00
Date:
1 August 2000
Plate:
1 1.5
May-14-02 11:58A Shallmakev Inc
Site Name:
(common reference).
1
survey
urvey Contact:
(liame, phorle, C-mail
)
lPermit Reference:
1%
949 548 5315
P_02
Va.y,�-14-02 11:58A Shellmakcav- Inc
'OB Permit No,, —
QCB Order or COM No.)
Irographic System:
, estuary, lagoon, or
or)
cific Location-.
�L Lat./Long., datun-4
'aCY level, attach
ronic survey area rmp if
�Was Caulerpa
Detected:
(if Caulerpa ik found, pleas,
irranediatcly contact the
PmWtting agency project
staff and NJ�4FS or (-'DFG
�ersOnnel identified above)
3escription of
Permitted Work:
descTibe bri�fly the work to
m conducted at the site
inder the pernlits identified
bove)
949 548 5315 P.03
7 to
S
I 3Z-lowyo�
38 - I q IA,4'-( 0:)
S"� -7
Yes, CaulerPa was found at this site and
—has been contacted on date.
NO, CaulerPa was not found at this site.
D rej (�, C o\ 4
48 S Pq L:�:' 9t
--/- S'_Q C"' - pJ _
IDescription of Site: epth ran -
(describe the Physical and F ge
biological condWons within
the survey area at the tinle of
the survey and pTqvide
insight into vaiNability, if
�nown. Please provide units
ror all numerical
May --14-02 11:58A Shc�llmakev Inc
tic
species
- I
.]Fencountc-red:
1 0 r,,
ther site
description
"^10— -
Description of Survey 11survey darelF
Effort-,
land fime
949 548 5315 P.04
J(Plege d6scribe the survey
a, s arlod:
conducted including typc of
A
RVA
survey (SCUBA, remote
video, etc,) and survey
methods erriployed, date of
work, and survey density
II/my '100--2
(esd=ted percentage of the
bottom actually viewed).
Describe any limitations
-7 Y' 97.'> 30
IrM
'ncountercd during die
'urvev efforts.
'zzontal 2
Wity in 710.�
'ey typ
�e
methods]:
M,ay-14-02 11:58A Shallmakev Inc- 949 548 5315 P�05
Survey
ersonnek MCkr))X 4�D)*V'ke-
S"T-I Mr
Survey
density: -50 70 lk I V�.;'p
Survey
lb-nitations: A A PA
yej b
Other Information:
(use tws space to provide
any additional information or
refcrences to attached
materials such as maps,
rcPorts, etc.)
Caulerpa Survey Reporting Porm (version 1.0, q/ I 8/o 1)
Caulerpa Erqdig�ktion in 5�puthem
California
0 SOUtIMPS1 Region Ho�znePa�p-
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT 6/1 0/0
HARBOR PERMIT APPLICATION (Please print all information)
_BeIlPort Group, 1131 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone /��
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 f_NZgA k_ZZ/
2. Project Address (Street Address) Harbor Pe Number
1'32-- 2- o
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No. Date
5. Brief Description of Proposed Work: Dredging of aRRroximately 1000 c. y. to be hauled to sea.
6. Submit 8 VV 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.
0). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L. L.W
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall " be adequate to clearly show the above information.
13).Exisfing 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)
8. Applicanrs/Agents Signature: Sa=:JKVJ� Date: 8/31/01 .
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 �ubject to penalties.
_k,
"110. Your permit will not be final until we have conducted an on site inspection once const -ruction 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
Approval of the City of Newport Beach Council.
Appro a[ 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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
r K Nwwrav r &&.4cow
Ys ig' .;W A�A
S
y
ty
of 7 7-7-7-
15P ago**, 0
re
VIC11VITY SKITCH
ow"ar DAY, CAL lfrOAMIA,
(7
4pglow Afvo#1 4ower Z.vw �v�r�r^
4.7e.q A 3 5 ir q A. aw 0 rr Me W,~ rl �5 Or.
;2
A
J."
C:, C
C-
Z, m -4
5. -V C
D C=-�
C:
L G R A S S I N S—PIECT-1 GN�
NO EEL GRASS WITHIN 15'OF PROJECT
E3 EEL GRASS IN THE PROJfCTAREA
URCE .. ...... . <
HARBOR RES S DIV.
CITY OF NEWPORT BEACH S URE
C135 91--
/-/ e,
PEROT # DAVE
Bellport Group Inc. 4-mr&3 aeax, 7 -At A C 7-- 5361
AIA",ff 4' 1
-Shell%aker Inc. 8/24/01
201 E. Coast High -way PA rd
CA417-w c ra Ai
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-Re-LlPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone —
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 a 2 � rA,)
2. Project Address (Street Address) Harbor Permit Number / 3
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00 Check No.
Date
5. Brief Description of Proposed Work: Dredging of aRproximately 1000 c.v. to be -hauled to sea.
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. RECEIVED
3). Location of property lines. South C041st Region
4). Location of channel markers within 200 feet
5). Lot sizes and lot numbers, if available. SEP 2 0 2002
Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M. L L.W. CALIFORNIA
8). Area and profile of any proposed dredging with elevations showing depths with resGGPcML.CQMMI 5 SION
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)
8. Applicant's/Agent's Signature: se� Date: 8/31/01
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.
_k.
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
Approval of the City of Newport Beach Council.
.7, Approval of the Army Corps of Engineers
_�74 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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMIT NO.: I *� �� - 2-0 / —1q -
DREDGING APPLICATION
Project Location: 201 E. Coast Hi&way, N�Mort Beach, CA 92660
Latitude/Longitude: Latitude N 33' 36'55.5", Longilgde W 117' 54'14.8"
Cubic Yards to be Dredged: AppMx
�imately 1,000 cubic ygLds
Method of Dredging: H
ydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached report
Disposition of Dredged Material: haul to sea and dump
Method of Material Disposition: bWe to sea at L.A. 3, Latitude 3 3' 3 F 42"N,
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. - Miller, (Applicant/Applicant's agent), hereby certify that I have read the 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 finther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Group
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: !&� L" L-
Applicant/Agent
t,
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 tc
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).
— L 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).
— L 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 buflds or ninproves 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: �i�knjd, Date: 8/31/01
Contractor. ShellmaTi',' Inc. Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class: A,,aL__�,State Board No. --L6-14-14—City License No. 960022 10
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (corrunencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature D a t e:
7- K
ty
At . r
see**,
re 0
VIC,11VITY SkETCH
Al
-"r Jerry
N#wowwr *AV CA& iroxmi^
e) 4�49
cap* vxAWvvSvGf:: /M AW6,11 ono, C/0'evie
40/ow "vow 4awor 4~ kobrfro-.
EEL GRASS INSPECTION
.?Oe.e�f
P"pf, ivir
,,ak NO EEL GRASS WITHIN 15'OF PR ?JECT
10P fvi061-rfAv .04 71h;.1 se;
-40,00? 01r,414 W,~/ 5ax
E3 EEL GRASS IN THE PROJECT A
AQ�NATURE
PERMIll
C-�
A
e I -A e -
< 2- 30
X
Bellport Group
POL cAA-1 7'5 A,1AA096 4-
Inc.
a� rA,-, 3
5361
7-XACr
-lo,a Aogggrgs '01 E. Coast Highway
-Shellmaker
Inc. 7/7-47 =1
PA rd
�:
:-L.
I'
Grain Size Summary
0. 1 % Gravel 1.3% Sand 98.6% Silt -Clay
0.1 %Gravel 1.3 % Sand 98.6 % Silty -Clay
Median = 8.960 (0.002 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 129
at a depth of 1 to 2 feet below mud line.
Lejrnan
Geotechnical
Group
-1
Cumulative Grain Size Distribution Phi Units
Sh No. 129
P
Client: BeIlPort Group
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.0
0.0
2.00
------------------------ ----------------
-1.0
10
0.1
0.1
1.41
- -- -------------------------------------------
-0.5
14
----------
0.0
-----------------------------
0.1
1.00
0.0
18
0.0
0.1
0.71
0.5
25
0.1
0.2
0.50
1.0
35
0.1
0.3
Sand 0.35
1.5
45
0.1
0.4
0.25
2.0
60
0.2
0.6
0.177
2.5
80
0.2
0.8
0.125
3.0
120
0.3
1.1
0.088
3.5
170
0.2
1.3
0.074
--------------------------------------------------------------------------------------------------------------------------------
3.75
200
0.1
1.4
Silt-clay 0.063
4.0
0.6
2.0
0.031
5.0
5.5
7.5
0.016
6.0
5.5
13.0
0.008
7.0
13.5
26.5
0.004
8.0
13.5
40.0
0.002
------------------------------------------------------
9.0
w ---------------------------------------------------------------------------
11.0
51.0
0. 1 % Gravel 1.3% Sand 98.6% Silt -Clay
0.1 %Gravel 1.3 % Sand 98.6 % Silty -Clay
Median = 8.960 (0.002 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 129
at a depth of 1 to 2 feet below mud line.
Lejrnan
Geotechnical
Group
-1
Cumulative Grain Size Distribution Phi Units
Sh No. 129
P
Client: BeIlPort Group
Project:
01-53-00
Date:
September 2001
Plate:
1 2.1
I Incorporated I
•May -14-02 11:58A Shellmaker Inc
Site Name: D5:T, (camrnon reference)
Survey Contact:
(acme, pbonc,
j Permit Reference:
949 548 5315
16/4010
C)
P_02
May -14-02 11:58A Shellmaker Inc--
ACOE Pernift No,,
ZWQCB Order or COM No.]
lydrographic System:
4Y, e-9tuary, lagoon, or
arbor)
pecific Location-.
7K Lat,/Long., dahnn,
:curacy level, attach
Mtronic survey area rnap if
949 548 5315 P.03
-----------
00&'W
S
'Db'- V 5 4 ' I 3�L-lowyo
38 - I q, -A .4y e_-�
1-7 �-Y
Was Caulerpa Yes, Caulerpa was found at this site and
Dete0ed:
�I
(if Caukrpa ik found, please h
ir=ediatcly contact the as been contacted on date.
p=11tting agency Project
staff and NAIFS or CDip _NO, C2HIerp2 was not found at this site.
Pemonnel identified abo,2e,
Description of
Permitted Work:
describe bri�fly the work to
ie conducted at the site D 4 o
lider the permits identified
bove) -C-5 S q-
-4 -
Description of S to: epth range!
0 S'
'be the ysica an
descn PICO �,md
dological conditions within
k survey area at the tinie of
:ie survey and prqvide
isight into variability, if
nowt. Please provide units
�r all nunacrical
May -14-02 11:58A Shellmakev Inc
i)escrigtion of Survey
Effort;
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed; date of
Ivor], and survey density
estimated percentage of The
ottorn actually viewed).
)escribe any limitations
acountered during the
irvcy efforts_
Other site
949 548 5315 p_O4
ley dare'
time
>d:
l l -I M4Y a oo
�>
30
7 '%`i,� , a ' n4
,laonta[
bility in o2- `�` a / T0
er:
m thods:
May -14-02 11:58A ShellmakQr- Inc
949 548 5315 P.05
CaU]efpa Survey Reporting Form (versic)n 1.0, 9/18/01)
Caulerpa Eradication in outhem
�La-lifomia
0 S—O�Ltllwesl Region Home Pa e
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMI T APPLICATION (Please print all information)
-Re-LlPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA /"87�
92660 D�2a7A t� Z:�_/
2. Project Address (Street Address)
3. New Construction
4. Fee $377.00
Revision Maintenance
Harbor Permit Number /3?_ -2_-0 (
Check No. Date
Dredging X
5. Brief Description of Proposed Work: Dredging of aRl2roximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x 11" Drawings (3), Include: f R
1). Location and dimension of proposed structure including piles and location of existi
on adjacent properties. TORU F I rT 0 a st k�e� '3n
2). Location of bulkhead, pierhead and project lines. AUG 1 6 ?no2
3). Location of property lines.
4). Location of channel markers within 200 feet
5). Lot sizes and lot numbers, if available.
C0AS1ALC'1,."r,!,Vii..Q%�\J
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 /Z' 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)
8. Applicant's/AgenVs Signature: !j� lkk,14, Date: 8/31/01
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.
"1�10. Your permit will not be final until we have conducted an on site inspecdon 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
Approval of the City of Newport Beach Council.
I/ , Approval of the Army Corps of Engineers
Appro al 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
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMIT NO.: 7— 0
DREDGING APPLICATION
ra--)
Project Location: — 201 E. Coast MWLway, Ngnort Beach, CA 92660 L D_J
Latitude/Longitude: Latitude N 33* 36'56.2", Longitude W 1171 54'15.0"
Cubic Yards to be Dredged: Approximately 1,000 cubic yKds
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached reRQrt
Disposition of Dredged Material: haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 330 3 F 42"N�
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: —none
Project Begins:
Project Ends:
L Lorenzo C. hfiller,(Applicant/Applicant's agent), hereby. certify that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Group
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: ky'4'�
Applicant/Agent
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 pern-dt 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).
— L 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).
— L as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and PrQfessions 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: 561n Date: 8/31/01
Contractor. Shellman—, Inc. -Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663 -
License class: A,2&_�;State Board No. 561414 —
-City License No. 9 6 0 0 2 2 10
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& 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 z� Date:
N49WAP40.or 60.4
C/ mAr
Clow
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lip 11
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D C
L GRASS INSPECTION
B ANO EEL GRASS WITHIN 15'OF PROJECT
U EEL GRASS IN THE PROJfCTAREEA
T
ATURE
PER MIT # D AT[:
Bellport Group Inc. -7—AC A C r 5361
-Shellmaker Inc. 8/24/01'
-Ioe AODZ4r-95 201 E. Coast Highway
CaAawertie C)A ra
I
99.9
99.8
so
To
0
so
LLI
so
40
30
.J
2 20
0.2
0.1
0.05
PARTICLE DIAMETER IN PHI UNITS
0!5 0.125 0.125 0163 OJ3113
PARTICLE DIAMETER IN MILLIMETERS
0.0 % Gravel 1.6 % Sand 98.4 % Silty -Clay
Mean = 8.70 (0.0024 mm)
Sample location: Balboa Marina, 201 E. Coast Highway, Newport Beach, California.Berth
No. 130 at a depth of 7.4 feet below MLLW.
Lejman Cumulative Grain Size Distribution Phi Units
G Geotechnical Berth No. 130
G Group
Incorporated Client: Project: Date: Plate:
BeIlPort Group 53500-00 August 2000 2.5 J
Lejxnan Grain Size Summary
G Geotechnical
Group Berth No. 130
-1 Clien-t- Project: Date: Plate:
G
Incorporated ient:
BeIlPort Group 53500-00 Auaust 20 0
--------------------------------------------------------------------------------------------------------------------------------
Grain Size
Summary
Opening
Size
Sieve
% Material
Retained
Cumulative
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Percent
Retained
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.0
0.0
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
.10
0.0
0.0
1.41
-0.5
14
0.0
0.0
1.00
0.0
18
0.2
0.2
0.71
0.5
25
0.2
0.4
0.50
1.0
35
0.2
0.6
Sand 0. ' 35
1.5
45
0.0
0.6
0.25
2.0
60
0.2
0.8
0.177
2.5
80
0.0
0.8
0.125
3.0
120
0.3
1.1
0.088
3.5
170
0.3
1.4
0.074
------------------------------------------------------
3.75
200
0.2
1.6
Silt-clay 0.063
4.0
--------------------------------------------------------------------------
1.9
3.5
0.031
5.0
8.5
12.0
0.016
6.0
9.5
21.5
0.008
7.0
10.0
31.5
0.004
8.0
11.5
43.0
0.002
--------------------------------------------------------------------------------------------------------------------------------
9.0
13.0
56.0
0.0% Gravel
1.6% Sand
98.4% Silt -Clay
Sample provided to
Lejman Geotechnical Group, Inc.
in a bulk container by
BellPort Group.
Sample consists of clayey silt and fine to medium sand with some seashells
and was obtained from
Balboa Marina, 201
E. Coast Highway, Newport Beach, California. Berth No.
130 at a depth of 7.4
feet below MLLW.
Lejxnan Grain Size Summary
G Geotechnical
Group Berth No. 130
-1 Clien-t- Project: Date: Plate:
G
Incorporated ient:
BeIlPort Group 53500-00 Auaust 20 0
May -14-02
f
i
11:58A 5hellmakev Inc 949 548 5315
4
P.02
May -14-02 11:58A Shellmaker- Ina
kCO13 Permit No.,
WQCB Ord= or CCM No.)
lydrographic System:
lay, es", lagoon, or
Xbor)
.3ecific Location-.
TK Lat./Long., datun-4
,uracy level, attach
Vtroruc survey area rnap if
Was Caulerpa
Detected:
if (�"erPa irk found, please
rMnediately contact the
,crzWtting agency project
taff and NAffS or CDFG
ersomel identified above)
lescription of
'ermitted Work:
lescribe bri�fly the work to
- conducted at the site
ider the pernlits identified
�Ove)
�4
949 548 5315 P.03
_S
�4� , o , i V, 1 3
-r7fp 0 38 — I q m xy
Yes, Caulerpa was found at this site and
—has been contacted on date.
10, C2ulerP2 was laot found at this site.
D Moxv-') n o\ 4 o
.48 P + q -
Description of Site: epth ran, ge.
describe the physical and
)iological conditions within
he survey area at the tinie of
he survey and prqvide
asight into variability, if
nown. Please provide units
)r all numerical
May -14-02 11:58A Shollmaker Inc
site
949 548 5315 P.04
75'1
Description of Survey SuM date
11
0
Effort.. and tze
ji,
(please describe tbr surveys eriod:
conducted including rypc of
gluvey ($CUBA, remote
video, etc.) and survey
nethods employed, date of
71�11
Vork, and survey dcnsity
AU Y
M'
�k 00
esti=tcd percentage of the
OttOM actually viewed),
)escribe any limitations
-77 ,
30
AWI-'A
acountered during the
arvey efforts.
WIZOntal
ibility in + 6 3 -rig
ter.,
iL
'Vey typ
e S C.
e
t
I meihodsl
FAITZRA
MAWM
_.�Iay-.14-02 11:58A Shellmaker- Incz 949 548 5315 P.05
Survey
ersonnel: ct r)
r
Survey
density. -
Survey
limitations:
other Inforwation:
(use this space to provide
any additional information or
references to attached
fnatcrials such as maps,
rCpOrLs' etc.)
CaUlerpa Survey Reporting Form (version 1-0, 9/18/0 1)
Caulerpa Eradication in Outhem
Califomia
0 S—O�Lthwesl Region 14oll)e pa e
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-RellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 ro, - -I
2. Project Address (Street Address)
3. New Construction Revisiop
4. Fee $377.00
Check No.
Harbor Permit Numlber*-�
I'->21-2_0 r
Maintenance Dredging X
Date
5. Brief Description of Proposed Work: Dredging of aRRroximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x 111" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
RZ E
2). Location of bulkhead, pierhead and project lines. South Coast
3). Location of property lines.
4). Location of channel markers within 200 feet AUG 1 6 2002
5). Lot sizes and lot numbers, if available.
.6). Existing ground profile beneath proposed structure.
:N! A
7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W. COAS IAL Coiv-uv�;SSION
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 constructio n or affecting boating operafions.
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)
8. Applicant'slAgents Signature: qr�/tlj SAf Date: 8/31/01
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.
If -10. Your pe�rmit 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
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)
V11" 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
Project Location:
PERMIT NO.: 137--�Vk —C—/
1-0- Ift a pit] I -Life] 0- 9- 9 ploya-1 0) 2 1
201 E. Coast Hi
Latitude/Longitude: LatitudeN33' 36'56.6", LongigiLe W117' 54'13.8"
Cubic Yards to be Dredged: Approximately 1,000 cubic ygLds
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Epport
Disposition of Dredged Material: haul to sea and dpmp
Method of Material Disposition: barge to sea at L.A. 3, Latitude 3 3 * 3 F 42"N,
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: 101c>1 /ol (G �1�- Project Ends: I -L A 5; hp) L!5!�)
1, Lorenzo C. Miller, licant/Applicant's agent), hereby certify that I have read the 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 ftu-ther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean A Walsh, BellPort Group
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: %�Aczk i�g-
Applicant/Agent'-
r
c4w
0
4
---- J-1
V. ow
OY
&V
Ar
fer ..%
plot* A- PIP& 0
v 9 4 --Z
V,1,CINITY SKETCH
Y" CA& I
too
6onoeinqrs cape exawe"vef: ow rvvi� cme c(4pvpie
4fvo" 4awWr Z.aw W�rf*-^
F 14� 4pelow
;Z
f ell
a/' e '01,
EEL GRASS INSPECTION
qeq 4W*41eV6vn*%;3 JC0b4W 6Cr.
NO EEL GRASS WITHIN 15' IJECT
El EEL GRASS INTHE PRNECTAR
ATI
ATURE
c
7- 7110 1 1//
If 7r/ f/
" :1 -
J�
/RATF
Z. Ir
-7.7
7
CZ7Z
5
X.
z .
i�=
D
D
2
c
PO/_ C-AA-Iff AZA"_ff Bellport
Group Inc.
4m r atax, 7-XAC7- 5361
-3ftellmaker Inc. 8/24/01
_lo,a Aocearss 201 E. Coast Highway
CoAmm c ro A �:)A -r&
Lejxnan
AgG Geotechnical
Group
'\�V Incorporated client: PnllPnrt r' rni in
Grain Size Summary
Fairway behind Slip No. 118
Project: Date: Plate:
ni_r)r,nn ';Pnfi-.nnhPr?nni 1.4
Grain Size
Summary
-------------------------
------------------------------------------------------------------------------------------------------
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
--------------------------------------------------------------------------------------------------------------------------------
4.75
-2.25
4
4.7
4.7
Gravel 2.83
-1.5
7
0.1
4.8
2.00
-1.0
10
0.1
4.9
-------------------------------------------------------------------------------------------------------------------------------
1.41
-0.5
14
0.2
5.1
1.00
0.0
18
0.2
5.3
0.71
0.5
25
0.1
5.4
0.50
1.0
35
0.2
5.6
Sand 0.35
1.5
45
0.2
5.8
0.25
2.0
60
0.2
6.0
0.177
2.5
80
0.3
6.3
0.125
3.0
120
0.2
6.5
0.088
3.5
170
0.2
6.7
0.074
3.75
200
0.1
6.8
--------------------------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
1.2
8.0
0.031
5.0
8 ' 5
16.5
0.016
6.0
7.4
23.9
0.008
7.0
11.6
0.004
8.0
21.5
57.0
0.002
-------------------------------------------------------
9.0
-------------------------------------------------------------------------
8.0
65.0
4.9% Gravel
1.9% Sand
93.2% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and
small percentage of fine sand with some seashells and was
obtained from Balboa Marina, fairway behind Slip no. 118 at a depth of 1 to 2 feet below mud line.
Lejxnan
AgG Geotechnical
Group
'\�V Incorporated client: PnllPnrt r' rni in
Grain Size Summary
Fairway behind Slip No. 118
Project: Date: Plate:
ni_r)r,nn ';Pnfi-.nnhPr?nni 1.4
May -14-02
y-14-02 11:58A Shellmakev Inc
r '
_-_ 949 548 5315 P_02
May -14,-02 11:58A Shellmakov- Inc� 949 548 5315 P.03
kCOIE Perrait No.,
i'or
WQCB Order or Lert. No.)
lydrographic system.
�y
3Y, e-shularY, lagoon, or
Ji,") !a=;f
)eCific Location-.
TX Lat./Long., dahun,
ach 5 3Z-lome
"uracy level, attach
ctrOnic Survey 7arearnap if
38 — i q m,4'fw:�
d0
l 1-7 �-Y
Vas Caulerpa
Yes, Caule" was found at this site and
letected:
f C42UIerPQ ik fOUnd, pleage
arnediatcly contact the
has been contacted on date.
=rniffing agency project
Iff and NMFS of CDIFG
No, C2UIerP2 was not found at this site.
:rsonnel identified above)
escription of
'rmitted Work:
-scribe bri�fly the work to MC!kr')'n0\ 40
conducted at the site D r-0-4 CS�
ler the permits identified Im IA�
S +
C3, 'Cx� C�"
[Description of Site: epth range!
(descn'bc the physical and
C
biological conditions within
I
the survey area at the tinie of
t �'c survey and prctvide
h
insight into variability, if
o , Please provide units
for all numerical
May -14-02 11:58A Shellmakev Inc 949 548 5315 P.O.4
��—Cscrivtion —0f —Survey
Effort-,
(please descnbe the surveys
conducted including t)w' of
survey (SCUBA, remote
video, etc.) and survey
nethods employedi date of
IvOrk, and survey dcnsity
estimated pereentagc of the
Ottom actually viewed),
)escribe any limitations
acountered dwing the
irvev efforts.
Perature.,
rity
inant
Other site
Jescriptio
.-I-- -
,ey date
time
V:
Mmo --100��
-7 30
-,A'7 A
WIZOnlal I
ibility in + 6 3 To
ter: iL
'Vey typo S C WB
fmethods:Pf �C-
May -14-02 11:58A Shellmakev Inc 949 548 5315
P.05
Caularpa Survey Reporting Form (versic)n 1-0, 9/18/0 1)
Caulez.pa Eradication in outhern
lialifomia
0 50-4thwest Region Home Page
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-RellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 6�D
2. Project Address (Street Address) Harbor Permit Numlbei---�t
13 Z
3. New Construction Revision Maintenance Dredging X
4. Fee $377.00
Check No. Date
5. Brief Description of Proposed Work: Dredging of aj?proximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x I I " Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties. P., 7
71
2). Location of bulkhead, pierhead and project lines. U 0-
3). Location of property lines. M �_caslf Re --!;on
4). Location of channel markers within 200 feet AUG 1 6 2002
5). Lot sizes and lot numbers, if available.
P). Existing ground profile beneath proposed structure. (-,A ;A
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. COAS',`1
, I "' V �631
8). Area and profile of any proposed dredging with elevabons showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet Note that the OWNER.
of the property is the applicant
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall.be adequate to cleady 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)
8. Applicant's/Agent's Signature: zwl" A.4 Date: 8/31/01
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.
�e% Your permit will not be final until we have conducted an on site inspection once construcfion 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
, Approval of the City of Newport Beach Council.
1,� Approval of the Army Corps of Engineers
L,,� 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
PERMIT NO.:
DREDGING APPLICATION
Project Location:
Latitude/Longitude: Latitude N 33' 36'56.7", Longitude W 117' 54'l 1.9"
Cubic Yards to be Dredged: AppLoximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached report
Disposition of Dredged Material: — haul to sea and &M
Method of Material Disposition: barge to sea at L.A. 3, Latitude 3 3 0 3 F 42"N,
Lonp-itude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: I c:> /,o I L -m I E5
X) Project Ends: 11 -q Zs- > ( (E'S T)
1, Lorenzo C. Mill r. (Applicant/Applicant's agent), hereby cer* that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BigllPort Group
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: I" -n -,p �,
Applicant/Agent
4
Cl 6,0,4 c�w
S
Ira
tv
At
of
P94
V.1 Cr IV I T Y S 1( FE T C H ov"r Arrrr
OfW"IW *AY, CA& lorommiA
%?�Vn Qlmfs cppo *4We"vaf A.,
5*.O� f 6elow osfvi" 4owler 4 -ow M7Are. -Wax/mpu�v
EEL GRASS INSPECTION qeq oviati/esho A"s 60r,
NO EEL GRASS WITHIN 15'OF P JECT
El EEL GRASS IN THE PROJf CTAFA
41MATURE
Sl C -S 'r
PERMrr-#
7 C:m
z z=; lo
)A
1=7
-D C -
Bellport Group Inc.
5361
a r 7ACACr
'A
201 E. Coast Highway
-J,o,a A ooze ss
-Shellmaker Inc. 8/-24/01
C04. -MA C ra a PA 7-6
4
--------------------------------------------------------------------------------------------------------------------------------
Grain Size Summary
% Material
Cumulative
Opening
Size
Sieve Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh by Weight
Retained
4.75
-2.25
4 34.1
34.1
Gravel 2.83
-1.5
7 1.1
35.2
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
10 0.1
35.3
1.41
-0.5
14 0.2
35.5
1.00
0.0
18 0.2
35.7
0.71
0.5
25 0.1
35.8
0.50
1.0
35 0.3
36.1
Sand 0.35
1.5
45 0.3
36.4
0.25
2.0
60 0.1
36.5
0.177
2.5
80 0.2
36.7
0.125
3.0
120 0.1
36.8
0.088
3.5
170 0.2
37.0
0.074
-------------------------------------------------------------------------------------------------------------------------------
3.75
200 0.1
37.1
Sift-clay 0.063
4.0
2.4
39.5
0.031
5.0
9.5
49.0
0.016
6.0
3.0
52.0
0.008
7.0
8.0
60.0
0.004
8.0
12.0
72.0
0.002
-------------------------------------------------------
9.0
9.5
-------------------------------------------------------------------------
81.5
35.3% Gravel
1.8% Sand
62.9% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BellPort Group.
Sample consists of clayey silt and
small percentage of fine sand with a high percentage of seashells
and was obtained from
Balboa Marina,
fairway behind Slip no. 105 at a depth of 1 to 2 feet below
mud line.
Lejman
Geotechnical
Group
Incorporated client: BeIlPo� GrouD
Grain Size Summary
Fairway behind Slip No. 105
Project: I Date: Plate:
01-65-00 1 Seotember 2001 1.3
11:58A Shellmakev Inc 949 548 5315
t
P_02
May -14-02 11:SBA Shellmakc2!r- Inc
949 548 5315 P.03
M Permit No.,
KB Order or ceM l4
E
=e5thrographic Sy tem:
5tenl-
uParYflagoon,�, or
r) Hal -60 r
r)
ific Location-.
on
Lat./Long., dahin-4
I'
rea 3 lomeo
Zy level, attach 'Da' -V5
iRUC sur"vey 7area=p if
I
C)
6vc P --s 0 1 —r7-fA u 38 - I q m.4y e:�
AI�7,,9 (All
Was Camlerpa
Detected: -
Yes, Caulerpa was found at this site and
Or Coulerpa ik found, please
innediatcly contact the has been contacted on -- date.
pcn,Wtting agency project
taff and NMFS or CDipo
No, Caulerpa was not found at this Site.
onnel identified above!)
escription of
ermitted Work:
escribe bri�fly the work to
condumd at the site
D 4
o
under the permits identified
above)
escription of Site:
epth range!
descnbe the physical and
iological conditions within
survey area at the time of
e survey and prqvide
insight into vaalability, if
known. Please provide uWts
for all numerical
May -14-02 11:58A Shellmakor- In<-- 949 548 5315
P-04
M (& C- �, 75') � jr- ��,
P, site
,iptio,
IDescription of Survey JISurvey date
0
�ffo r t.-. land finze
(Eplease descnbe the surveys eriod:
conducted including t)lx of
survey (SCUBA, remote
video, etc.) and survey
methOds ernployedi date of
------
7
;v8rk, and survey density
�k 00
estitnated percentage of the
�OttOm actLLal]Y viewed),
)escxibe any lin3itations
30
IFAA
ncountercd during the
Mvey efforts.
"zzonrai
bility in + b To
ley 4 'Tel
Pe
Ma.y-.14-02 11:58A Shellmakev Inc 949 548 5315 1 P.Q5
Caulerpa Survey Reporting Form (versic)n 1.0, 9/18/0 1)
Caulerpa Eradication in.Southern
��a—lifomia
0 �i—WLt—llwesl Region -Rome Pa�Le�
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-Be-UPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 ApCh
2. Project Address (Street Address) Harbor Pe —it Number
13 2 —72—o r
3. New Construction , Revision Maintenance Dredging X
4. Fee $377.00 - Check No. Date
5. Brief Description of Proposed
Ao—bie- _h u ed to sea.
g", rJ
Sowl
6. Submit 8 1/2" x 11" Drawings (3), Include: n C00-st ReSion
1). Location and dimension of proposed structure including piles and location of existing s S.
on adjacent properties. Ir"r, IS 2002
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines. C/\!-1F(1-'�,,,iA
4). Location of channel markers within 200 feet COAS 1/\L C\_"/,VjJV 116SION
5). Lot sizes and lot numbers, if available.
�). 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 condifions 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).Exisfing 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)
8. Applicant's/Agent's Signature: �ilam "bL Date: 8/31/01
Joint Permittee Signature (if applic—able): 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 �ubiect to penalties.
lel(). Your permit will not be final until we have conducted an on site inspection once construction is
completed as per,Municipal Code, Secton 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval 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)
V1 . Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -Inspection
Conditions:
Date
bate
Date
Date
Date
Date
Date
Date
Date
Date
Date
PERMIT NO.:
DREDGING APPLICATION
Project Location: 201 E. Coast HighwaL NeyMrt Beach, CA 92660
Latitude/Longitude: Latitude N 33' 36'56.2", Lonizitude W 117' 54'l 3.0"
Cubic Yards to be Dredged: AnroNiMately 1,000 cubic ygLds
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Leport
Disposition of Dredged Material: _ haul to sea and &Mp
Method of Material Disposition: barge to sea at L.A. 3, Latitude 33' 3 F 42"N,
Lon2itude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: —none
Project Begins:
Project Ends:
1, Lorenzo C. Mille:,__(ApplicantlApplicant's agent), hereby certify that I have read the 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 ftuther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort QLoup
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed: <4_e� "
Applicant/Agent
C r K oor Nomp—gor dr-4c�v po
OR 7-
c%
'o PC,(
Al
waor /grr)- Case
V,1,0 I AJ I TY SKETCH
wr Y" 0.'" IlrOMM144
/�)C/o �o
g!*0*! 4$gloW AfVo*j 4CVwqr Z.QW Wbp�o-.-. A-foX,,mpLm7
p"re or bve 'IV 4relf. Hcx-h*.- /,;ics
";v Y1.4; 3 . seq bow olreve W,~ 11 45 or.
d(gASS INSPECTION
15'OF PROJECT—
d NO EEL G S WITHIN
AREA
Ej\EELGRA S THEPROJECT
GNATURE
PERMIT # —7 DATE
A� c
L= --j c
A
z
c7z D c
C
4P,O�_ r 5 "Aff Bellport roup Inc. sex, 7-9 A c 5361
-shell-mak-er Inc. 8/24/01
201 E. Coast Highway
-1,o,& Aooeorss CoA,7, *A c rc4 PA ra
99.1
99.8
so
C
7i
0
go
Z
W 50
40
30
J
0
2 20
0.2
0.1
0.05
PARTICLE DIAMETER IN'PH I UNITS .1 . 1.
i 1 0!5 O.F25 0.125 0163 0.013113
PARTICLE DIAMETER IN MILLIMETERS
0.3 % Gravel 1.7 % Sand 98.0 % Silty -Clay
Mean = 8.60 (0.0025 mm)
Sample location: Balboa Marina, 201 E. Coast Highway, Newport Beach, California.Berth
No. 118 at a depth of 7.2 feet below MLLW.
Lejxnan
Cumulative Grain Size Distribution Phi Units
G. Geotechnical
Berth No. 118
Group
Client:
BeIlPort Group
Project:
53500-00
Date:
August 2000
Plate:
2.4
Incorporated
I
--------------------------------------------------------------------------------------------------------------------------------
Grain Size
Summary
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.0
0.0
2.00
--------------------------------------------------------------------------------------------------------------------------------
-1.0
10
0.3
0.3
1.41
-0.5
14
0.0
0.3
1.00
0.0
18
0.2
0.5
0.71
0.5
25
0.0
0.5
0.50
1.0
35
0.2
0.7
Sand 0.35
1.5
45
0.2
0.9
0.25
2.0
60
0.2
1.1
0.177
2.5
80
0.2
1.3
0.125
3.0
120
0.2
1.5
0.088
3.5
170
0.3
1.8
0.074
3.75
200
0.2
2.0
------------------------------------------------------------------------------------------------------------------------------
Silt-clay 0.063
4.0
2.0
4.0
0.031
5.0
9.0
13.0
0.016
6.0
6.0
19.0
0.008
7.0
11.0
30.0
0.004
8.0
11.5
41.5
0.002
--------------------------------------------------------------------------------------------------------------------------------
9.0
13.5
55.0
0.3% Gravel
1.7% Sand
98.0% Silt -Clay
Sample provided to
Lejman Geotechnical Group, Inc. in a bulk container by BellPott Group.
Sample consists of clayey silt and fine to medium sand with some seashells and was obtained from
Balboa Marina, 201
E. Coast Highway, Newport Beach,
California. Berth No. 118 at a depth of 7.2
feet below MLLW.
Lejrnan Grain Size Summary
G Geotechnical Berth No. 118
Group
Project: Date:
Incorporated aient: BeIlPort Group 53500-00 1 August 2000
May -14-02 11:58A Shellmaker Inc
Site Name: 155
(common rcference) Q I�
Survey Contact:
Vlarlle, phonc, c -mail)
Permit Reference:
t
949 548 5315
f 15/10/0
P_02
May -14-02 11:58A Shellmakov Inc
949 548 5315 P�03
ACOE Pernlit No,, -j 1—;W—
twQCB Order or Cart. No.) /-Yci�)
0&-71a
lydrographic System:
bay, e-StUarY, lagoon, or
ubor)
pecific Location,.
JTX Lat./Long., daunn,
Mtronk Survey area rnap if 5 lowyo
:curacy level, attach
38 —1 qm4ye:�
/ -s-, " 40 1
&1--Y I s
VU Caulerpa
Yes, CgulerPa was found at this site and
letected:
f Caulerpa is, fobund, jplease
xnediatcly contact ihe
has been contacted on date.
XrWtting agency project
iff and NMFS or CDFG
17G
1�
No, Caulerpa was not found at this site.
,Tsonnel identified above)
escriptioii of
Xmitted Work:
'Scribe bri�fly the work to
conducted at the site
D re.j Y- ')no\ 4o
F
ter the permits identified
Description of site: epth range --
describe the physical and F
)iological Conditions within
he survey area at the tinie of
�c survey and prctvide
2sight into variability, if
Down. Please provide units
)r all numerical I
May -14-02 11:58A Shollmakev Inc 949 548 5315 P�04,
FDc-scription of Survey
ff .
Effort-,
(please describe the surveys
conducted including rAx of
survey (SCUBA, remote
video, etc.) and survey
methods ernployedi date of
vork, and survey density
esd=tcd percentage orthe
OttOM actually viewed).
)escribe any limiTations
11countercd during the
irvev efforts.
ge:
Imperatu,
Unity:
minant
ra:
72inant
w:
ric
!jes
Puntered:
r site
Iption
M 1A C- �- Z5'i � A-1 �) i3� j)
A�-y date V/ —0
time
D-Flo
Mme
- 7 ', - 15;f",
,izonzai
bility in + t'
or,* jL� 710,4�
ley type <-
77ds Fg CC'
Zelho S: '-�)
M , ay -.1 1 4-02 11:5BA Shollmakev Inc 949 548 5315 P-05
Caulerpa Survey Reporting Fom (versi,, 1.0, 9/18/0 1)
CaLLIeM
. _4 Eradication in Southern
California
G S—Q�Ltl—lwesl RegiOn 14011)e Pagg
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-B.e_LlPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone _C_�E
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 AQ;=A
2
Aaaress (tweet
3. New Construction Revision Maintenance
4. Fee $377.00 Check No.
Harbor Permit Number / -3 2- - 2_0 (
Date
Dredging X
5. Brief Description of Proposed Work: Dredging of approximately 1000 c. y. to be hauled to sea.
6. Submit 8 1/2" x I V Drawings (3), Include:
RE Co 7, 77),
1). Location and dimension of proposed structure including piles and location of exisfifto�c&m f �f -I' e -'o n
on adjacent properties.
-,2). Location of bulkhead, pierhead and project lines. AUG 1 62!�O?
3). Location of property lines.
4). Location of channel markers within 200 feet r
5). Lot sizes and lot numbers, if available. CoXsi,�L
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 informafion 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)
8. Applicanit'slAgent's Signature: . :bA" Date: 8/31/01
Joint Permittee Signature (if applicable): Date:
9. Work can begin once the City has received evidence of the following addifional approvals and you have
been nofified 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.
bate
LI -11,
Approval of the Army Corps of Engineers
Date
Approval of the Califomia 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:
PERMIT NO.: / -3 2- - ?__ 0 4 1 ic—
DREDGING APPLICAnON
Project Location: 201 E. Coast HighwaL Ne CL
Mort Beach, CA 92660
Latitude/Longitude: Latitude N 336 36'55.6", Longitude W 1170 54'12.4"
Cubic Yards to be Dredged: Approximately 1,000 cubic yards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached foort
Disposition of Dredged Material: haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 330 3 F 42"N,
Lon%zitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: —none
Project Begins:
Project Ends:
I, Lorenzo C. Miller, (Applicant/Applicant's agent), hereby certify that I have read the 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 finther hold the City harmless from and indemnify them
against any claim for damages anismig 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, orjudgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, Bel]P���_
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed:
Applicant/Agent
C/rrmw N
wwwwr dz4cow
/17 'Y7
j
S
Q
\e
-va
C%001
V11,011VITY SKETCH
N. Powr DAY, CAL lfromml,4 A
461r/ow 4fv�w Zow*r 4.9w k/arler.
4F ar e*s qA, Ir Me W,~,-' 5
ftt6RAS alVErCTION
NO bbL UHASS WITHIN F PROJECT
/ Au EEL GRASS IN THE PROJECT AREA
v /glpN URE
'3' AT
3 7- -2,o
=.=M' mc
C=D c
177-
D
a 20
E
Al
,4" 5361
Bellport ,,Group Inc. -XAC7-.
-Shellmaker inc. 8/24/
201 E. coast High -way COAMWA C rd a PA 'r&
4
� q,7/9RJ?V1A1 A7, d? 949-460-9577 LEJMAN GEOTECHNICAL PAGE 07
Grain Size Summary
0.2 % Gravel 2.1 % Sand 97.7 % Silty -Clay
Median = 7.640 (0.005 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 115
at a depth of 1 to 2 feet below mud line.
Lejman
&G Geotechnical
Group
Incorporated
L_ ��F I
Cumulative Grain Size Distribution Phi Units
Slip No. 115
client.
BeIlPort Group
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
0.0
0,0
Gravel 2.83
-1.5
7
0.1
0.1
2.00
-1.0
10
0.05
0.2
----------------- - - ---
1.41
- -- ---- -
-0.5
---- - ----
14
0.05
0.2
1.00
0.0
18
0.1
0.3
0.71
0.6
25
0.05
0.4
0.50
1.0
35
0.05
0.4
Sand 0.35
1.5
45
0.1
0.5
0.25
2.0.
60
0.2
0.7
0.177
2.5
80
0.3
1.0
0.125
3.0
120
0.3
1.3
0.088
3.5
170
0.4
1.7
0.074
3.75
200
0.6
2.3
Silt -clay 0.063
4.0
1.7
4.0
0.031
5.0
11.5
15.5
0.016
6.0
9.0
24.5
0.008
7.0
15.5
40.0
0.004
8.0
12.0
52.0
0.002
----- ----------------------
9.0
7.5
59.5
0.2% Gravel
2.1 % Sand
97.7% Silt -Clay
0.2 % Gravel 2.1 % Sand 97.7 % Silty -Clay
Median = 7.640 (0.005 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 115
at a depth of 1 to 2 feet below mud line.
Lejman
&G Geotechnical
Group
Incorporated
L_ ��F I
Cumulative Grain Size Distribution Phi Units
Slip No. 115
client.
BeIlPort Group
Project:
1 01-53-00
Dnta..
1 July 2001
Plate:
1 2.3
May -14-02
ji
1
11:58A Shellmakev Inc 949 548 5315
P.02
Ma_y-14-02 11:58A Shellmaker, Inc
I
WOE Pr-Mlit Na.,
WQCB Order of Cem No.]
lydrographic System:
ILY, eStuary, lagoon, or
rbor)
)eCific Location-.
M Lat./Long., datlarn.
,uracy level, attach
Ctronic survey area rnap if
AYC-41-
949 548 5315 �P.03
-S
-4 ' �4� ,o,, i � 1 3
38
Was Caulerpa Yes, Caulerpa was found at this site and
etwted:
C4ulerPa ik foand, please has been contacted on
rzlnediatcly contact th �j date.
i r -
P , mnitting agency project
staff and NMFS or CDFG NNo, Caulerpa was not found at this site.
j )
Pmonnel iden0ed above
Description of
Permitted Work:
describe bri�fly the work to
c conducted at the site D 4 0
ndcr the pcmVts identified
bove)
-)Ln, <3-Q C;-,
Jescription of Site: qp1h range:
describe the physical and F
i0logical conditions witbin
le survey area at the tinie of
ic survey and prqvide
Lsight into va-riability, if
]own. Please p Me UTUTS
r all numerical I
May -14-02 11:58A Shellmakov Inc 949 548 5315
P-04
IlDescription of Survey
jEffort-', '
I(Please describe the survey,
conducted including rAx of
survey (SCUBA, renmote
video, etc.) and survey
methOds erriployedi date of
Vork, and survey density
estimted percentage of tile
Ottom actu2ily viewed),
)escribc any limitations
acountered during die
irvey efforts.
m (A. �, �, Z5')
site
)ey date
fime
;,d,- A
MAMY
'? — I ? -, 31P
-7 -75,--A
1rizonrai 2
ibility in + b T9
ter., H=
'Vey e S C—
Y e
Y
?n ir�f �(f
Ma_y-.14-02 11:5BA Shallmakev Inc 949 5493 5315 1 P-05
Cauletpa Survey Reporting Form (version 1_0, 9/18/01)
1p Caulerp Eradication in South=
��alifbmia
0 5-0qd1wesl Region Home Pau
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT 5-11 1,/o
HARBOR PERMIT APPLICATION (Please print all information)
-BellPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 rF-)
2. Project Address (Street Address)
3. New Construction
4. Fee $377.00
Revision
Check No.
Harbor Permit Number
Maintenance Dredging X
Date
5. Brief Description of Proposed Work: Dredging of approximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existir Wr
on adjacent properties.
2). Location of bulkhead, pierhead and project lines. South co-,_�Sf i i c) n
3). Location of property lines.
4). Location of channel markers within 200 feet AUG 1 6 2002
5). Lot sizes and lot numbers, if available.
CA 11 P 1, 11 4\
Existing ground profile beneath proposed structure. ST L' ! � i:,
A 1:SS!0N
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W COA L 00"i'v,livil
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
I 1)_ Drawing size shall be 8 - 1/2" x I V.
12).Scale shall ' be adequate to clearly show the above information.
13).Exisfing 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)
8. ApplicantsiAgents Signature: Yckl�� Date: 8/31/01
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 �ubject to penalties.
��110. 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.
bate
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
v'**' _ Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
- Site Re -inspection
Date
Conditions:
PERM11' NO.: I -� 7- - 2, 0 1 -
DREDGING APPLICATION
Project Location: 201 E. Coast Highway, NMort Beach, CA 92660 4P -GA
Latitude/Longitude: Latitude N 3 3 " 3 6'5 6.6", Longitude W 117' 54'11. 8"
Cubic Yards to be Dredged: Approximately 1,000 cubic ygLds
Method of Dredging: H
ydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Leport
Disposition of Dredged Material: haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 330 3 F 4TN,
Lon2itude 117' 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: to /a I le;, I � E
- $1-) Project Ends:
I, Lorenzo C. Mill rJApplicant/Applicant's agent), hereby certify that I have read the 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 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Gropp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Cont -actor — Please Print
Signed: krt�
Applicant/Agent
Bellport.Group Inc. 5361
AIA",g ar 3 sex, 7x.4cr
-Shellmaker inc. 8/24/or
'01 E. Coast Highvay
PA 7-&
k
r CW 0FV4lFrW.A?4VVr .004COW
nose, PIP
42
V141P I N I TY SKETCH
lvll:*l"Xr *AY, CAL lfrommiA
u j crrr
$16vm0limpirs core vx.Awwvxv0f:, rp rV074 one cvOorafle
belaw 4f*VWT 4ower Z.pw �vbpiff.-,
EEL GRASS INSPECTION
Poore 'Wit* it-a's
NO EEL GRASS WITHIN 15'OF PR ECT
ae-q A
Ll EEL GRASS IN THE PROJE( 7 A
Z&d:
S
S ATURE
ATURE
c
PERMi"r,#
A
�3
v�
c
4.
�,-
- - �-44
ce 7 �,778
F
Bellport.Group Inc. 5361
AIA",g ar 3 sex, 7x.4cr
-Shellmaker inc. 8/24/or
'01 E. Coast Highvay
PA 7-&
k
--------------------------------------------------------------------------------------------------------------------------------
Grain Size
Summary
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
--------------------------------------------------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
3.5
3.5
Gravel 2.83
-1.5
7
0.7
4.2
2.00
-------------------------------------------------------------------------------------------------------------------------------
-1.0
10
0.1
4.3
1.41
-0.5
14
0.2
4.5
1.00
0.0
18
0.1
4.6
0.71
0.5
25
0.1
4.7
0.50
1.0
35
0.1
4.8
Sand 0.35
1.5
45
0.2
5.0
0.25
2.0
60
0.2
5.2
0.177
2.5
80
0.2
5.4
0.125
3.0
120
0.2
5.6
0.088
3.5
170
0.2
5.8
0.074
------------------- - -----------------------------------------------------------------------------------------------------------
3.75.
200
0.1
5.9
Silt-clay . 0.063
4.0
0.1
6.0
0.031
5.0
4.0
10.0
0.016
6.0
5.2
15.2
0.008
7.0
7.8
23.0
0.004
8.0
17.5
40.5
0.002
-------------------------------------------------------
9.0
-------------------------------------------------------------------------
13.0
53.5
4.3% Gravel
1.6% Sand
94.1% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by BellPott Group.
Sample consists of clayey silt and
small percentage
of fine sand with some
seashells and. was
obtained from Balboa Marina, Slip no. 98 at a depth of 1 to 2 feet below mud line.
Lejrnan
Geotechnical
Group
Incorporated client: BeIlPort Group
Grain Size Summary
Slip No. 98
Project: Date: Plate:
01-65-00 September 2001 1.2
May -14-02 11:58A ShQllmakev Inc
Site on re fe j C(common reference)
F&A Y�
Survey Contact:
(rtarne, phone, c -mail)
Permit Reference:
t
61
949 548 5315 P-02
10 10
5-3 S-37*
--tliot-Y714-02 11:58A Shellmakiev- Inc
949 548 5315 P.03
II(ACOE Permit No,,
J�WQCB Order or C No.)
Hydrographic System:
(bay, eshary, lagoon, or
r)
specific Location-.
(UTX Lat./Long., datum,
accuracy level, attach D21 5
electronic survey area map if 3 lowy a
Possible)
38 - i q ",4Y
sy� fo, 0
cw�y
�7;? q
W" Caulerpa
Detected:
Yes, Caulerpa was found at this site and
'if C'
aulerpa Lrk foun(t pleas,
�Mmediatcl contact thL
Y
has been contacted on
F date.
mrrniffing agency project
staff and Nh4FS or CDFC
j
-NO, Cattlerpa was not found at this site.
Personnel identified above)
Description of
esc'lp 'on 0'
erm"te Wor
Permitted Work:
7�dk
- - ily ) ' , 0
describe bri�fly the �,,vork to
,e cond=ed at the site
D 4o
n er ale per ts i er
nder the permits identified
b bo ) _ JtL I
ove)
C3,
Description of site: epth range --
describe the physical and
dological conditions within
k survey area at the tinie of
2C Survey and prqvide
isight into variability, if
Down. Please provide units
ar all numerical I
May -14-02 11:58A Shollmakev Inc
IDescription of Survey
Ef ort:.
(Please desenbe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
nethods employed; date of
Vork and survey density
estimated percentage of the
oottom actually viewed).
lescn'be any limitations
ucountercd during the
irvey efforts.
iperatui
'Wry:
7inant
r:
inapt
z:
C
's
!ntered:
site
949 548 5315 P_04
t� t -N. �� 5, I} �-
a .n
'dare l a d
time
a 3 O A rr. Te 1 f
at '
in
ley type
m ihods: II CA
Ma_y-14-02 11:58A Shollmakav Inc 949 548 5315
P.05
Caulerpa Survey Reporting Form (version 1-0, 9/18/0 1)
Caulema Eradication in southem
�La-lifbmia
0 50—�!Olwesl Region Hom� Page
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-Be-UPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA 92660 K�)
2. Project Address (Street Address)
3. New Construction
4. Fee $377.00
Harbor Permit Number%----,
I �; 2 -
Revision I Maintenance Dredging X
Check No. Date
5. Brief Description of Proposed Work: Dredging of aRDroximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existin
on adjacent properties. Aou �*86 st Reg;. on
2). Location of bulkhead, pierhead and project lines. AUG 1 6 2002
3). Location of property lines.
4). Location of channel markers within 200 feet CALIFORlYlA
5). Lot sizes and lot numbers, if available. '; i
COASTAL 00_'jVwv0SS10N
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.
110).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)
8. ApplicaniVs/Agent's Signature: 2r� IXJAL Date: 8/31/01
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
V" Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -inspection
Date
Conditions:
PERMITNO.:
DREDGING APPLICATION
Project Location: 201 E. Coast Hi&waL Newport Beach, CA 92660 G
RREA 0
Latitude/Longitude: LatitudeN33' 36'56.9", Longitude W117' 54'09.7"
Cubic Yards to be Dredged: AMroximately 1,000 cubic vards
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached report
Disposition of Dredged Material: _ haul to sea and dump
Method of Material Disposition: barae to sea at L.A. 3, Latitude 33' 3 F 42"N,
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins: to / 1 /0 1 &ST) Project Ends: M
1, Lorenzo C. Miller, (Ap licant/Applicant's agent), hereby certify that I have read the 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 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, orjudgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean A Walsh, BellPort Grogp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Contractor — Please Print
Signed:
Applicant/Agent
Mpg"
mall
S
Af.
..... . . . . . . .....
01"i
C%
PIP
.-r.." re 0 P94 a*#<
Oe.
Yj ir i ov i r y SKETCH
04.q:Wr*Rr *AY,, CA& Ir'04MIA
7.0-6-6
.V,nol,ofs cwe vwmwe"ve:
1012el"L GRASS INSPECTION f!W�f : #a/ow 4fvow 40wer Z.Ow Iwo
p"re iwr hVe a, .
f0va4le'shw /;r Aft;
NO EEL GRASS WITHIN 15'OF PROJECT 10
nrl
13 EEL GRASS IN THE PROJECT A
ATURE
7 -2-e elp at 5 71
PERMIT
ly,
V
T
100
Bellport Qroup Inc. 0,0 5361
AIAwg a ror, 7XAqr
She.l.;.,%aker Inc. 77477
r -9s '01 E. Coast High -Way
_oa AoDet CPA eMA C A0 A
PA
--------------------------------------------------------------------------------------------------------------------------------
Grain'Size Summary
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
---------------------------------------------------------------------------------------
Phi
Mesh
by Weight
Retained
4.75
-2.25
4
----------------------------------------
12.2
12.2
Gravel 2.83
-1.5
7
0.7
12.9
2.00
-----------------------------
-1.0
----------------------------------------------------------------------------------------------------
10
0.1
13.0
1.41
-0.5
14
0.1
13.1
1.00
0.0
18
0.1
13.2
0.71
0.5
25
0.1
13.3
0.50
1.0
35
0.1
13.4
Sand 0.35
1.5
45
0.2
13.6
0.25
2.0
60
0.1
13.7
0.177
2.5
80
0.4
14.1
0.125
3.0
120
0.2
14.3
0.088
3.5
170
0.2
14.5
0.074
--------------------------------------------------------------------------------------------------------------------------------
3.75
200
0.1
14.6
Sift-clay 0.063
4.0
0.4
15.0
0.031
5.0
3.5
18.5
0.016
6.0
4.1
22.6
0.008
7.0
11.9
34.5
0.004
8.0
26.0
60.5
0.002
-------------------------------------------------------
9.0
----------------- 7
11.5
--------------------------------------------------------
72.0
13.0% Gravel
1.6% Sand
85.4% Silt -Clay
Sample provided to Lejman Geotechnical Group, Inc. in a bulk container by
BellPort Group.
Sample consists of clayey silt and
small percentage of fine sand with a high percentage of seashells
and was obtained from Balboa Marina, Slip no. 92 at a depth of 1 to 2 feet below mud line.
Lejman
Geotechnical
Group I
Incorporated Client: BeIlPort Group
Grain Size Summary
Slip No. 92
Project: Date: Plate:
01-65-00 September 2001 1 1.1
May -14-02 11:58A She l lmakev Inc
Site Name:
(common reference) Q Y�
Survey Contact: <
(Tk1T71e, phorle, e-mail)
i Permit Reference:
ti
949 548 5315
',7/1010
P_02
-1
Ma_v-14-02 11:58A Shellmakey- Inc
949. 548 5315 P. 0,3
kcoB Prrzrlit No.,
WQC13 Order of Cc No.) /YC-
lydrographic Siystem: 00&7to
n�
aY� es,=h=ryflagoon, or
rbo,)
)eCific Location:
TK Lat./Long., daturn,
=ucy level, attach Db' -k 5
ctrOnk survey area map if
;sible)
-77fA u 38 xy e::�
0 / sy, - 7
A111"I
ff'S Caulerpa
Petected:
Yes, Caulerpa was found at this site and'
1(ircaulerpa ixfound, Please
irmediatcly contact the
has been contacted on date.
permitting agency project
staff and Nl�ffS or CDIFFG
C2HIerpa was not found at this site.
�monnel iden0ed above)
Description of
Permitted Work:
describe bri�fly the work to
c conducted at the site
Moo- ') 4
Y-) o\ o
nder the permits identified
bove)
k
e3
IlDescriptjon of Site: qp1h range!
of—
Site
1(desenbe the physical and
biological conditions witbin
Ithe survey ar le f
OIL at the finie of
the survey and prqvide
insi& into variability, if
:,ro c =ts
rov*'Y'�'
known. Please FP Vidc �ts
for all numcrical
May -14-02 11:58A Shollmakor- Inc
— C I —
Other site
949 548 5315 P.04
Cription of Survey 11!UM date
Irtz ,,e
3e describe the surveys oriod:
icted including type Of
A -Fla
y (SCUBA, remote
, etc.) and survey
ds employedi date of
and survey density
IINOY
atcd percentage of the
I actually viewed),
be any limitations
-7 ; 67-�>
30
itercd during the
efforts.
trzonrai 2 1 1
ibility in -+b 3 TD
ter., j—L— L
e
wey type 11:�- C. CA b A
? D
tZelhoads:
May -.14-02 11:58A Shellmaker- Inc-- 949 548 5315 f, P.Q5
Caulerpa Survey Reporting Form (versioa 1.0, 9/18/0 1)
Caulez.pa Eradication Ln-Southem
Califomi
0 5—Wi-th—west Region lko�mePa�(,-
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
-Be-UPort Group, 1137 Bayside Drive, Corona del Mar, CA 92625 (949)644-9730
1. Applicant (Property Owner) Address Telephone
92660 ApCIN, �, "
Balboa Marina, 201 E. Coast Highway, Newport Beach, CA ru—N
2. Project Address (Street Address) Harbor Permit Number 13 2-
3. New Construction , Revision Maintenance Dredging X
4. Fee $377.00
Check No. Date
5. Brief Description of Proposed Work: Dredging of aRRroximately 1000 c.y. to be hauled to sea.
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing s
on adjacent properties. . , k"'r, K 73
Ir
Sow! C
2). Location of bulkhead, pierhead and project lines. in oc�.sil Re -,ion
3). Location of property lines.
4). Location of channel markers within 200 feet AUG 1 6 2002
5). Lot sizes and lot numbers, if available.
Existing ground profile beneath proposed structure. : 7:r- "A
7). Elevation of top and bottom of bulkheads and piles with respect to M. L. L.W. COAS-IAL C!_ - 'SION
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 boafing 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)
8. Applicant'siAgent's Signature: �&� Date: 8/31/01
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. ff you begin prior to the'notice you will be in violation of the Newport Beach
Municipal Code and �ubject 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.
bate
Vo"_'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:
PERMITNO.: IK-7-0�-4
DREDGING APPLICATION
Project Location: 201 E. Coast Hi&mmy, NMort Beach, CA 92660 OH—
Latitude/Longitude: LatitudeN330 36'55.9", Lonizitude W1170 5411.1"
Cubic Yards to be Dredged: A
Mroxi-mately 1,000 cubic yAEds
Method of Dredging: Hydraulic Suction
Nature of Dredging Material (Grain size data): Please see attached Epport
Disposition of Dredged Material: haul to sea and dump
Method of Material Disposition: barge to sea at L.A. 3, Latitude 330 3 1' 42"N.
Longitude 1170 54'48" W
Effect of Dredging on Contiguous Bulkheading and Beaches: none
Project Begins:
Project Ends:
1, Lorenzo C. Mill 7, (Applicant/Applicant's agent), hereby certify that I have read the 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 fin-ther 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 judgment arising out of the activities of the
applicant carried on under the authority of such permit.
Sean M. Walsh, BellPort Gropp
Applicant — Please Print
8/31/01
Date
Lorenzo C. Miller, Shellmaker
Conawtor — Please Print
Signed: yy��
Applicant/Agent
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 wl-dch 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).
— L 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)..
— L 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 ninproves 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: F4,t " Date: 8/31/01
Contractor. Shellman,_ Inc. Telephone: 949/548-5359
Address: 875 B West 15th Street, Newport�each, CA 92663-27UI
License class: A.,M___�State Board No. 561414 -C License No. 9 60022 10
HIC
License Contractor's Declaration
I hereby affirm that I am licensed under provision& of Chapter 9 (commencing with Section
7000) of Division 3 of the Business. and Professions Code, and my license is in fun force and
effect. 'a
Contractor's Signature Date: _?/G7
CIrr =�r
Ll
OV
0%
C%
re Ve.
V.fllq I IV I TY SKETCH
/V Zr,
4j'*.PPVqr 0AY, CAL lfroMP41A
A 0!
rqr� *no, aeo"a"dr
#claw 4fvoq 4 ower /..Vw WeAwm
EEL GRASS INSPECTION
eqbom arr"Vew"'po'll 'Sax.
XNO EEL GRASS WITHIN 15'OF PR ECT
U EEL GRASS IN THE PROJE AR
I A URE
TL
7
A.
A,\A 1e,(- A
1.4
T
Bellport q�roup Inc.
5361
7-0 A C 7--
.1sneuniaker Inc. T/ 771
77 —
AC a' ,
CPAIM r A PA rd
201 E. Coast Hig.hv
AoDear-gs ay
qW.It"Opi
�------
c52==o_
L
Uf/2U/2001 07:42 949-460-9577
Grain Size Summary
PAGE 06
0 , I ;
0.2 % Gravel 0.8 % Sand 99.0 % Silty -Clay
Median = 8.590 (0.0026 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 88
at a depth of 1 to 2 feet below mud line.
Lejrnan urnulative Grain Size Distribution Phi Units
G Geotechnical
G Group Slip No. 88
Incorporated Client: Project: I Date: Pla�e7-
BellPorl Group 01-53-00 July 2001 . 2.2 1
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
----- - -----------
Phi
Mesh
by VVelght
Retained
4.75
-2.25
4
0.0
0.0
Gravel 2.83
-1.5
7
0.1
0.1
2.00
--------- - ---- - ------------
-1.0
- ---- - -
10
0.1
0.2
1.41
-0.5
- - - - ------------
14
-- - -- - - - - -----------
0.0
- - - ------ ------
0.2
1.00
0.0
18
0.1
0.3
0.71
0.5
25
0.0
0.3
0.50
1.0
35
0.0
0.3
Sand 0.35
1.5
45
0.1
0.4
0.25
2.0
60
0.1
0.5
0.177
2.5
80
0.2
0.7
0.125
3.0
120
0.1
0.8
0.088
3.5
170
0.1
0.9
0.074
- - - ------------------ - -------------
3.75
200
0.1
1.0
Silt -clay 0.063
- - --- -
4.0
- -
1.4
2.4
0.031
5.0
'6.6
9.0
0.016
6.0
9.0
18.0
0.008
7.0
14.0
32.0
0.004
8.0
12.0
44.0
0.002
- - ---- - ------- - - ---------
9.0
- ---
9.5
53.5
0.2% Gravel
0.8% Sand
99.0% Silt -Clay
0.2 % Gravel 0.8 % Sand 99.0 % Silty -Clay
Median = 8.590 (0.0026 mm)
Sample location: Balboa Marina, middle channel, adjacent to slip no. 88
at a depth of 1 to 2 feet below mud line.
Lejrnan urnulative Grain Size Distribution Phi Units
G Geotechnical
G Group Slip No. 88
Incorporated Client: Project: I Date: Pla�e7-
BellPorl Group 01-53-00 July 2001 . 2.2 1
May,-14-02 11:58A Shollmakev Inc-
Site
ncSite Nance:
� (common reference) Q Y�
Survey Contact:
(name, pboiic, c-mail)
Permit Reference:
949 548 5315
P-02
02
2
f I
�A
10 /0
5-3 3--ir
Ma_y-14-02 11:58A Shollmakey- Inc
949 548 5315 1 P"- 43
kCOl3'PCM1it No,,
.A
WQCB Order Or CerL No.) /ffC
or�
'Ydrographic system:
RY, estuary, lagoon, or
rbor)=
)eCific Location-.
"On
TX Lat,/1-ong., dafinn,
I
,'uTacY level, attach
att
re
CtrOMI�C Survey area rnap if /Ome
-r7fA L) 38 m,4y s:�
sy, _r
A171,2321 �� / 4. (dill S -Y# -,o
Was Caulerpa
Detected:
-yes, Cauleirpa was found at this site and.
I(if a2ulerpa is, found, please
iznmediatcly contact the
. has been contacted on date.
P=�itting agency project
staff and NMFS or ---------
Tablo�e)
0, Caulerpa was not found at this site.
Personnel identified
Description of
Permitted Work:
describe bri�fly the work to
c conducted at the site
D Mokr')nq\ 4o
nder the pcnnits identified
bove)
S
Description of site: epth range--
descnbe the physical and
)iOlogical candWons within
he Survey area at the tinle of
5C survey and prctvide
isight into variability, if
nown. Please provide uy�its
)T all numerical I
M-7t_y,-14-02 11:58A Shellmaker- Inc 949 548 5315
P�04
uk Z5'i � AV �) C3
site
IDescription of Survey Survey date
0
lEffort... and fime
(please desenbe the sumey, eriod:
conducted including type of
A
swvey (SCUBA, remote
video. etc.) and survey
nethOds L
m1ployedi date of
Alork, and survey dcnsity
estimated percentage of the
Wtom actually viewed),
)escribe any limitations
7 - 59�
11countered during the
arvey efforts.
WZZOntal
ibility in + b
ter.,
ley type 11 S C
melhod3:
May -.14-02 11:58A Shollmakor- Inc:
949 548 5315 , , P P.
Caulerpa Survey Reporting Form (version 1.0, 9/18/ol)
Caulem.a Eradication in southem
Lalifomia
0 Lo-tLthwesl Region Home Pa
___Ze
CITY OF NEWPORT BEACH
March 26, 2001
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mr. Wayne Eggleston
Newport Harbor Nautical Museum
151 East Coast Hwy.
Newport Beach, CA 92660
Re: Maintenance Dredging
Dear Mr. Eggleston:
As I indicated when we spoke, dredging in your area is a complicated issue.
Within the permit zone, the area between the bulkhead line and pierhead line,
dredging is the harbor permittee"s responsibility. The channel between Linda
Isle and Bellport Marina is a private channel and is the responsibility of the
property owner.
The City applied for a maintenance dredging permit two years ago to allow
small dredging projects between the bulkhead and pierhead line. That permit
was issued for the lower bay but the area adjacent to your property was
temporarily excluded. We are just now finishing the additional testing required
by the EPA to bring the excluded area into the new permit. We are expecting
that the testing will be done the end of March and a report completed in the first
two weeks of April. We will then apply for an amendment to ourexisting permit
that will allow maintenance dredging between the bulkhead and pierhead lines.
Regarding the navigational channels, there are several issues here. The main
navigational channel between the Nautical Museum and Bayshores is County
Tidelands, under the jurisdiction of the Army Corps of Engineers and within the
City of Newport Beach. If we establish dredging responsibility based on
property ownership or statutory responsibility it would break down as follows:
the Corps has the initial responsibility, the County of Orange is next and the City
of Newport Beach is third. The Corps of Engineers did a project a couple of
years ago and soundings a year ago, by the Corps, indicated that the
navigational channel was still at design depth. The channel between your
property and Linda Island, beginning at the bow of your vessel over to Linda
3300 Newport Boulevard, Newport Beach
Island, is a private waterway and either the responsibility of the Irvine Company
or the Linda Island Home Owner's Association. The navigational channel and
private channel would not be appropriate for work under the maintenance
dredging permit mentioned above. The permit process for dredging here would
likely be six months to a year to process.
We have had indications that there is shoaling in that private channel but have
not identified its exact location. That needs to be done as a first'step.
The City is currently requesting the Corps do a project in the lower bay in the
main navigational channels. It is a $4,000,000 project and October of this year is
the earliest it could be done. We have not heard yet if it is in the Corps budget,
but we are also in contact with Christopher Cox's office to see if we can procure
back up funding if the project doesn't make the budget. I bring this up because if
the Corps is here doing dredging and the navigational channel in the area of the
Nautical Museum had not been initially considered it would be easy to amend
the permit to include that area. At the time the Corps contractor is here doing
the dredging and private areas needed to be dredged, it would be an opportune
time to do dredging, assuming the permits have already been procured.
I hope this gives you a rough scenario where things stand at this moment. If you
wish to discuss this further please give me a call at 949-644-3041.
Sincerely,
-.1 �1- -
7t Atilt --
Tony Mei7nm, irector
Division of Harbor Resources
./-7 -) -.2,0/
%-,f 4v&.
I
CoAmmcrom, Pre �7
OA r -&r 12
12
-k
I
Cjj* CIF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AN[,
MAINTAIN THE FACILITY sHOWN ON THE REVERSE HEREOF.
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIEZ OF NEWPORT BEACH ANP
ANY SPECIAL CONDITIONS LISTED Huir-ON. THIS PERMV
IS NOT TRANSFERABLe WITHOUT THE WRLITEN CONSENT 0!
THE CITY HARBOR COORDtNJ,XT0F? OR CITY COUNCIL. THt.
RIGHTS GIVEN UWDEnTHIS PEr=T ARE PERIVIiSSIVE ONLI
AND THIS PERM3T MAY BE REVOKED EY THE CITY COUNCIL
IN ACCORDANCE WITH TITLE THE 17CAL CODE.
� e—�- . "O�'
.0 / 40"'�f x4;;::i
JITY HARKOR COORDINATOR
2. --?-o 7— 'f
WERMIT A DATE
SPECIAL CONDITIONS:
CMW Of Engineen Pm* I
Orange CountyAwmit
Other —72— 7 -9%
PERW=MWW=Td
DREDGE MATERIAL 11M
i./HAULEDTOSEA--
PLACED ON BEAoJ
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range Qr fol,cec
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are csioblt'shwd j�v 0r.
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8
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS 11FN,78Y CRANTED TO CGI.MSTRUCT ANE
rz 7
MAINTAIN THE FACEU17 SHOW'N Cc -3 T" `�EVZRSE HEREOF
AT THE SITE -N'Z�V SU", -C' ' ; 'F PFeUV�S'ONS 0
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THE HARBOR C.,
THIS PERYVI
ANV SPEC�Ak-
C 0 N S E N T C
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!S NOT TRA"1,"1:..F'_Z_ K;�.;_`
,�`YV COUNCIL. TF
'THE ct,ry FIAR1,13",
a
RIGHTS GWEN Te N4 pE,;,.'VU5-5JVE O.NL
AND THIS PERM17 MAY UE RLVC'.2:_D� I"'! THE- CtTY COUNC�.',:
IN ACCORDANCE WiTH TITLE TV.K M L'NiICIPAL CODE.
X
CITY kAyt COORDMATOR
DATE
SPECIAL CONDITIONS:
COM-; Of Engineers Permit
Orange County Pe'rmit
Other -Permit issued subject to dredge material being hauled to sea.
CAA r 5 AIAA�Aff
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HARBOR PERV1,11T
PKIMISSION IS HEREBY GRANTED TO CONSTRUCT AKIL
MAINTAI,N THE FACILITY SHOWN ON THE REVERSE HEREOF
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS Of -
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AN
ANY SPECIAL CONDITIONS LISTED HOREON. THIS PERM,,.
15 NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT Or
THE CITY HARBOR COORD HAATOR OR Cj-YLC0UNC!L. THD
RIGHTS GIVEN UNDER T�12S ARE PEFFASSIVE ONL�
AND THIS PERMIT MAY BE REVOKED BY TfJE CtTY COUNCh
IN ACCORDANCE WITH TITLE 1 T14E MuffieiPAL CODS -
CITY HARvbA00RDllNff0R
(—rl-y
Z;:=af
DATE
POW Has
SPECIAL CONDITIONS:
C0rPS Of Engineers Pem*
Orm" county pimit
Other cv-"hip-
PERmrr issuEDSua)r
wcT,ro
DREDGE MATEMAL 8EIle
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2 0 1 Ae-A 6 r CIO 4 s r- lq4d Y, �, -/ MA4C r*AW OA rd r
NEwp�%0"�%-'(' BEACH
HARBOFF", PERMIT
PZ*MISSION 19 HERZUY GnA�iTr-V TO CONSTRUCT ANK
MAINTA3N THE �LITY SH"J"Viq 40A 1.,;r- REVCR:SE HEREOF
AT T -111K SITE r* 714C PROVISION& or
THE HARBOR Pf.�,VIT P�-IIMC!15 W. Ni-WPOPT BEACH AND
ANY SPECIAL COUnITIONS L;ITFr. NE�;ZZON. THIS PERMIl
IS NOT TPANSFJE-l.;%0..LF TlirLK� 'M -V:8 CONSENT Of
THE CITY HARSO�'- OR CITY COUMCtl- THE
R#GHTS GIVEN UNDER 71416, l-`.1VJdlY- il.9k. PIEFZMSSV�E ONLY
AND THIS PFRM4T MAY S.E rv�voAc . a rjy wim cmr,.,c'�UNCIL
IN ACCORDANCE WITH TJTL� 1.7 �DF—T4W_L�ukaic,'Pe.L CODE.
A&iw
--j�ta— 'NATOR
cffy jfA !j - � -!;',
c, � r4l, A
PERMIT NO.
PERMIT ISSUED SUBJECT TO
DPEDGE MATERIAL BEWG
,IAULEDTOSEA -7 4r -e -
'LACED ON BEACH
SPECIAL CONDITIONS:
Corps Of Engineers Perraft 2 -
Orange County Permit
01her 1:�.,e
C.t r r aw Nxioaaer dw.4c.,w
ge
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HAP5-.""7 PERMIT
PERWISIkION IS mumny
TO CONSTRUCT Ahr
MAINTW-N TIM
yn, HEREOF
AT TFIE SITE
THE PZRAl.,T
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ANY
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PLACED ON BEACH
.!'PWAL CONDITIONS:
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. � - 1,1 iiAea, J, �-- —#AWA—p@W*j-
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HARBOR PERMIT
"MISSION 13 FIr-'REny CRANTED TO CONSTRUCT AND
?it-(NTA9-N THE: FAC ' -1-ITY Sag0j7-14 ON THE REVrRSE HERItor,
A! THE SITE IK02('.ATCD, SUaJZCT TO THE PROVISIONS oy
TWF HAM I i;av" PZRIJ19T P.'3LICIXS OF NEWPOPT REACH AMU
AHY EPECIAL CONDrriONS LISTED HEREON. THJS PKR?dly
' ' t. �:OT TRANSFZRABLE Viff-HOUTYHE wm;rTcj4 cONSIENT or
3,4-" CITY HARBOR COOR�.IWA -101? OR CITY COUNCIL. THE
'--NTS GlVEHi UNiDER r
, IiIS PER MIT ARF- PERvAiSSIVE OHL)
TVAS r-0.RNIT MAY BE REVOKED r -Y THE CITY COUNCIL
jN ACCOROANCZ WITH TITLE 17 OF _MtWWAPAL CAQPE.
CITY
-y
RMIT N D,ALTIP�
ISSUED r: -
_c-, 10
DREDGE MATEPIAL BEING
,lAULEDT0SFjj__a -z- -7
r c6:2
PLACED ON BEACH
SPECIAL CONDITIONS:
Corps Of Engineers Pere* z%- —Z5� I'll -
Orange cow* Permit
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WAM
HARBOR PERMIT
pit"ISSION IS HEREDY GRANTED TO CONSTRUCT ANO
?AAtNTAM FAC;LITY SH0,i7m ON THE REVERSr ilartEOF,
AT THIC SITE I-NOMATED, SIJRJCCT TO VIE PiiovISIONS Vp
THE HARBOtt PERTAIT P.')LfCr!.S ny -3lEwPowr BEAC14
Apty SPECIAL CUMDITIONr, ";-Rr
TN3S
13 NOT TRANSFrRABLE VVIT, hOUT WE CV.�,4S
THE CITy HARMq CaCjD.,!,-c zN T C�l
'Of' OR CITY
tIGHTS GIVE71 UNDEq -�,jjj " f,
S PS ilf�ll -"RE ONLI
AND THIS PeRFAIT IWAY ,c RCVoi,
.ZED Ely Tit'E CITY COVNCIL
IN ACCORDANCE WITH TITLE 17 C0,1E.
cl
69
VENR -All —IT —r4&
—12A
F D —;T
FEMIAIT ISSUED SUBJECT TO
DREDGE MATERIAL BEING
!-�U&ILED TO SEA 4�4
PLACED ON BEACH
SPECIAL CONDITIONS:
Corps Of ErWnears Pen-ift —Se;:
Orange County Permit
Other C"e--7,Ac