Loading...
HomeMy WebLinkAboutM2011-0054STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov Mr. Scott Seamans 84 Linda Isle Newport Beach, CA 92660 �G 4EIVED 8y COMMUMTV OCT 17 2011 Date: DEVELOPMENT C- ''i-oP NEWPoOO 135-5+ EDMUND G. BROWN, JR., Governor m� n� -,�.� October 14, 2011 5-11-100 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on September 15, 2011 and was reported to the Commission on Thursday, October 6, 2011 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, CHARLES LESTER Execu ' e Direc r By: JOHN DEL ARROZ Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift C(< CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. rJ-11-1 00 200 Oceangate, Suite 1000Th4b Long Beach, CA 90802-4302 Date: September 15, 2011 (562) 590-5071 Page 1 of 8 ADMINISTRATIVE PER�W ISSION ACTION ON Approved as Recon1., ,onded APPLICANT: Scott Seamans ❑Denied as F3ecornlnendE:. AGENT: Swift Slip Dock & Pier Builders, Inc. ❑ Approved with ChangeS [� Denied PROJECT �( Ocher DESCRIPTION: Removal of existing U -shape dock and one ' pile and installation of new triangular shaped dock and one 14" pile. The dock system will be composed of Douglas Fir and Timber Tech decking. PROJECT LOCATION: 84 Linda Isle, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special .conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, October 6, 2011 9:00 am IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICF_ CHARLES LESTER Executive Director By: John Del Arroz Title: Coastal Program Analyst 5-11-100 (Seamans) Administrative Permit Page 2 of 8 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages five to eight. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director. hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development.is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Location and Description The subject site is located at 84 Linda Isle in the City of Newport Beach (Exhibit #1), within the Linda Isle Lagoon. Single-family residences characterize the subject site and the surrounding area. The proposed project includes the removal of the existing U-shaped 44'x26' wood float and removal of one of the three existing 14" diameter piles, and installation of a new 23' wide and 46' long triangular shaped wood float, and one 14" diameter concrete pile. The proposed triangular shaped dock represents an irregular dock shape; however no eelgrass is expected to be impacted by the proposed dock, and the proposed dock would occupy 504 square feet, 3 square feet less than the existing dock system. The subject site is located in the locked gate community of Linda Isle in the City of Newport Beach. No public access currently exists through the site. However, the project will have no impacts on existing coastal access. Public access to the harbor exists in the area across the channel from the Linda Isle community along the public walkways on Lido Island and Balboa Island (Exhibit #1). The proposed 5-11-100 (Seamans) Administrative Permit Page 3 of 8 dock will be within the U.S. Pierhead Line and is consistent with the City's Harbor Permit Policy and with past Commission actions and the pattern of other dock development in the area. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by WSSI Environmental Consulting, Inc. for eelgrass and no eelgrass was discovered in the immediate vicinity of the existing and proposed dock. The applicant's biologist does not anticipate direct adverse impacts to eelgrass associated with installation of proposed piles or other construction activity. The applicant proposes to use silt curtains and other BMPs to address possible construction phase effects. No water coverage and shading effects on eelgrass are .expected. In addition, the applicant proposes a post -construction survey conducted 30 days after construction completion to assess any construction impacts to eelgrass and if this survey identifies eelgrass impacts and/or the new dock casts shadows that may further impact eelgrass, the applicant will conduct two (2) years of annual monitoring post construction, as required by the U.S. Army Corps of Engineers (USACOE), to determine if the project impacts eelgrass: After the second year of monitoring the USACOE will determine if mitigation is necessary to satisfy their requirements. The procedure identified by the applicant is consistent with USACOE requirements. However, the USACOE requirement differs from the Commission's normal procedure regarding post construction impacts to eelgrass. The Commission's typical procedure (Special Condition No. 2) has been to require a post construction survey, similar to what the applicant has proposed, but then if eelgrass impacts are indentified at that time, then an eelgrass mitigation plan is required immediately. The Commission's procedure (Special Condition No. 2) has not changed and will be applied to the proposed project. If the two (2) year monitoring required by the USACOE identifies additional eelgrass impacts, then additional mitigation will also be required for those impacts. The eelgrass survey took place on June 24, 2010 as required by the City of Newport Beach Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -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). The project is agendized for the October 2011 Coastal Commission Hearing so the eelgrass survey would not continue to be valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. A pre -construction Caulerpa taxifolia survey was completed on June 24, 2010 as required by the City of Newport Beach Harbor Resources Division. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the October 2011 Coastal Commission Hearing and by this time the Caulerpa taxifolia survey would not continue to be valid since 90 -days have passed since the survey was completed. Thus, an up-to-date Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition No. 3 also identifies the procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers (USACOE). The Linda Isle lagoon remains in private ownership, thus, the proposed dock is being constructed within an area subject to public trust doctrine. A special condition is imposed stating that the approval of a coastal development permit for the project does not waive any public rights or interest that exist or may exist on the property. 5-11-100 (Seamans) Administrative Permit Page 4 of 8 Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and .30233 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but. not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs.:As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. Ualifornia Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-11-100 (Seamans) Administrative Permit Page 5 of 8 SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machineryor construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11 )All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. 5-11-100 (Seamans) Administrative Permit Page 6 of 8 (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs: (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs 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 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 and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil 5-11-100 (Seamans) Administrative Permit Page 7 of 8 absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or 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 which contain detergents or emulsifiers will not be used for bilge cleaning since they may discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. if any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8. (except as. modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project'), the applicant shall undertake a survey of the project area and a 5-11-100 (Seamans) Administrative Permit Page 8 of 8 buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team. (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: 1/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing �f= (, k UR", - ",; r ' ZW— _ m n COASTAL COMMISSION R EXHIBIT # " PAQE--,.,.,.....�..OF 07/26/2011 1.3:04 9496313122 SWIFTSLIPDOOKPIER PAGE 02r E: M_ wd hF •' i �' �l'':: _ M I � 1 "..wsF+Pvar'��G'A.Y ;•c�aG sFGRht1A �:;-•::=e��.'3::'�5:•i':^•. '� O F. W108•!-1 SGU Ofi 5 0,- y s.{ ' cr�n t f1 1�/(J�e) rig• / r • clq� �h x •; b'�Jr�r�+ :! r -•anon ta.r-4'er �O�e' In;ra�'�r•. •. rrvi�r � -� R11 I �ll��' i' 1 �'.l■ "VV '�{/4'Lr �r(/� ��. ` '-.rr�n a• �% fry ` �eJ r! � �_ Q a:' Vf�r'� k rnp��+�ly /ii zr��7i •"�3..�'aort' r" � tf ..�' �' pl't� ree.�� f� 1 � 'x'ki � fy�.6tr:a�i.a�•, :r, _a!J;'. -x cr} �.rr' •, 1 " �•y"a� �.A �� �� � 7 L• �J (i"i-� `. f f�'r�'''" _ J -' �� •� �� § '•�j Y � i y� � .... . i V^f..-,.�:J 'y lh _s + � csry-7:: �.'i•' f 1 1:+•;' ., ti` .ter: -- - #Y .+'iF+- •[i ;' • • r.•aF.o-7. Y. .Nr.• ;,+�(• ' Ste' : .. .. �• /may j~• - COASTAL COM i Received Jul -28-11- 10:59am EXHIBIT .PAGE OF;..o,� From -9498313122 To -California Coastal Page 002 (d DEPAR711IIENT OF THE ARMY Q�m3� LOS ANGELES DISTRICT CORPS OP ENGINEERS p,0. BOX 532711 LOS AN06LES, CALIFORNIA 40053-2325 FEPLYTOOctober 20 2011 ATTENTION OF , Regulatory Division , Scott Seamans 84 Linda Isle Newport Dcarh, California. 92660 Dear Mr. Seamans: Reference is made to ur request (Corps File No. SPL -2011 -00285 -SME), dated March 4, 2011, for a Department of `Lhe Army (UA) authorization to construct the 84 Linda Isle Dock Replacement Project. Unler er the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), ypu arc hcrcby 4uthorized to conduct the work described below within Newport Bay in the City a Newport Beach, Orange County, California, as shown on the attached Figurac 1-3_ Specifically, you are ai4thorized to conduct the following regulated activities: 1. Remove orae existing oncrete pile from the existing dock shown on the attached Figure 2; 2, Remove the existing, 107 -square -foot dock float shown on the attached Figure 2; 3. Install one new, 14 -in h concrete pile, in the location shown on the attached Figure 3; and 4. Install a new 514-squ.re-foot dock float, as shown on the attached Filurc 3. The owner or authori . d responsible official must sign and date all copies of this Le11:er 0f Permission (LOP) indicat ng that he/she agrees to the work as described and will comply with all conditions. one of the signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, ple'se use the two: attached postcards to notify this office as to the daces of commencement (within 1 days prior to the start of construction) and completion of the activity (within 10 days followin IP end of consvuctioai). Furtl-jormore, you arc creby advised that the Corps Regulatory Division has established an Administrative Appeal Prl�eess which is -fully described in 33 C.F.R. part 331. The complete ;appeal process is diagrat�raed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen. Estes at 13-452-3660 or via e-mail at Stephen.M.Estes(@usace.arrray.mil. ZO/TO 30ad a3IdA00GJI_1SiAIMS ZZTCTCKVG 56:9T TTOZ/8T/OT 2 Please be advised that}�ou can now coTnrnent on your experience with Regulatory Division by accessing the Corps web -b' sed customer survey form at: http://per2.nrw .usace.arm dmiUsurve .htiiil. Sincerely, Corice J. Farrdr Chief, Orange and Riverside Counties Section South Coast Branch Enclosures PP-Kiyan ZO/ZO 30Vd C d3IdA00QdI3S13IMS ZZTCT696VG 56:9T TTOZ/8T/13T 1011512011 18:55 9496313122 S4%IIFTSLIPDOCKPIER SWIFT SLIP DOCK & PIER BUILDERS, INC. 2027 PLACENTIA Avl✓NUE COSTA MESA, Ch 92627 (949) 631-3121 PHONE (949) 631412� FAX EMAIL: amand iftsli sbc lolaall;net www. swi fts l i p d o cks 'co m March 4, 2010 Adam Fisher California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Boat Dock & Pile Replacement Dear Mr. Fischer: PAGE 03103 We are acting as agents for the applicant listed below. This is notation that we intend to replace the boat dock and pile at the address referenced below. It lis our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. 2, 3. 4. 5. 6, 7. 8_ a Applicant Name: Scott Seamans Project Address: 84 Linda Isle Applicant Phone: (303)809-9722 Parcel Number: 050-451-44 Scope of Work: Remove and existing dock and install new floating dock with 3 piles I. Latitude/Longitude: N. 33.36'51.46" W.117.54'14.48" Applicable Fees: Enclosed is a check for the aplilication fee of $77.00. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. Statement: The information in this notice iszomplete and accurate. Please contact our office if you should have any questions, Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC_ _ r i Amanda Spooner Permit Division 1011512011 18:55 9496313122 SWIFTSLIPDOCKPIER PAGE 01/03 HARBOR RESOi.1RCES DIViSiO 829 Harbor island Drive Newport Beach, CA 92660 (949) 64.4-3034 / Fax (849) 723-0589 Special Conclitioi s July 21, 2010 Property Address: 84 Linda Isle With reference to the plans currently under consideratio at thee: above referenced address to reconfigure or modify the dock system or buikhead, the follo4ng conditions will now be in effect_ I. I. The project proponent is aware of the Harbor Fi.ermit Policie� (Council Policy H-1) and `title 17 of the City of Newport Beach Municipal Code. The project p�'oponent understands that the above referenced structure(s) is under the purview of these Policls and Codes. 2. Any future work on the above mentioned structure(s) regi fres permits with the City of Newport Beach and any other applicable agenci6s. Painting ;and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the ll-roposed dock system and/or bulkhead under consideration. Any future modifications or alterations to tMe dock system and/or bulkhead may require new conditions which may overrid� or change these conditions - These conditions supersede all past conditions associated with this property. .4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float_ Patio furniture, plants etc ... are not permitted. 1; 5. in accordance with Municipal Code 10.08.030 A. the projeut proponent shall obtain the proper permits for equipment and materials storage. "Except s otherwise provided in this section, no person shall use any public street, sidewalk, alley; or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose_ B. Public streets, sidewalks, aIle 's, or parkways may be used for the purpose of selling, storing, or displaying any equipment,material, merchandise or for other commercial purposes in the following cases, ..,For the tempora storage of construction rY 9 equipment or material provided a permit is issued pursuant to Ch6ter 12.62 of this Code and the storage is consistent with provisions of the Uniforf'n Building Cdde." 6. The project shall be implemented in conformance with the Lodal Coastal Program Coastal Land Use Plan. l Page 1 of 2 1011512011 15:55 9496313122 SWIFTSLIPDOCKPIER PAGE 02103 7. In accordance with Municipal Code 10.28.040 the followilg noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related bui ding activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb a person of normal sensitivity who works or resides in the vicbnity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on anSaturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No Derson shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a imanner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the. end of the fingers b more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie t6 the easternmost side of the float is 9'. l C� /o UR Wal ers Harbor Resources Date Applicarif Signature Print Name I; Date Joint Pier Applicant Signature (if applicable) Print Name Page 2of2 Dgte i HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new dock with 3-14" concrete pile. Re -use existing an wa . Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 84 Linda Isle Legal Description: Harbor Permit Number: 133-84 Plan Check Number: 1211-2010 Applicant: Scott Seamens Applicant's Mailing Address: 84 Linda Isle, Newport Beach, CA 92660 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find \They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources July 21, 2010 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2of2 i CITY OF NE4 OR t, BEAUCM HIARBOR A P P L 1 "AT4 l R f r: m Worksheet for Building Combo Permit Application P0 .. Form . . . . . . . . . . . . . . . . . . . . . . ............. ................ City of Newport Beach - Building Department Please print 3 copies HARBOR RESOUR uilding F7. Grading r—,Drainage f— Elec lech (FITM; N1914101�011 11L.Tyl VIXI L)Lmv.,n 1. Project Address (Not mailing address)Suite No .. .................. # Units (if Residential) Use ................ Valuation $ 7_Vp ............................. # Stories 17 Cu Yd Cut Cu Yd Fill F77 Check Appropriate Box for Applicant 3. Owner's Name Last 41 M " 5 First . . . ....... .......... ...... . ............ .......... ..... . ........... . ..... Owner's Address Owner's E-mail Address .. ... ....... .. .......... ......................... . . ..... ...................................................... d .......... ... ............ .................. .......................... .. . ......... ......................... City F State . . Zip Telephone[& .. ........... . . .... ........... .................. ............................................. .............................. ... ......... ------ 4. Architect/Designer's Name Last First Lic. No. ........................................ ............................................................... I ............................................................ 17.6. Contractor's Name Lasti ... ... . .................................... Fir Lic. No. lass ........... .............. Contractors Address 1P (aTn . ... ......... . .......... .......... City State 2 .............................................................. OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1118107 ELEC/MECH/PLUM P/C Address r , - ............................................................................................ Telephone lusi— Mzv PERMIT NO. PLAN CHECK NO. VA —sc)(10 PLAN CHECK FEE $ 00 2726 Shelter Island Dr. S San Diego CA 92106 (800) 236-0013 * (800) 225-9730 (fax) 25 June 2010 To: Mr. Brady Heim Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass Survey, Seamans Residence, 84 Linda Isle, Newport Beach, CA, #3795 Dear Mr. Brady Heim, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for the dock replacement project at the Seamans Residence, 84 Linda Isle. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the project area. As you know, this preliminary report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout the Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, 61 Kira Withy -Allen & Richard Mann WSSI Environmental Consulting & Monitoring 2726 Shelter Island Dr. San Diego, CA 92106 kirawithyallen@wssica.com; mann@wssica.com (800) 236-0013 Office 2726 Shelter Island Dr. SSI San Diego CA 92106 (800) 236-0013 • (800) 225-9730 (fax) Seamans Residence 84 Linda Isle Newport Beach, CA Mr. Brady Helm Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey 25 June 2010 Report Prepared By Kira Withy -Allen Survey Assistance By Molly Colvin 2726 Shelter Isdand Dr. San Diego CA 92106 W I S --S1 (800) 236-0013 - (800) 225-9730 (fax) Introduction The homeowner at 84 Linda Isle would like to construct a new dock with a different configuration, which includes the removal of one pile. For a more detailed description, please see the attached proposed dock layout drawing and the additional submitted project application(s). This survey was conducted to determine presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the project vicinity. Figure 1: Project Site at 84 Linda Isle, Newport each, CA. VM 70UZ A 2 ci 84 Linda Isle S 4-, "M V -7- PORT WiUCH -7-777 J, J L,gl Okj 2726 Shelter Island Dr. San DW90 CA 92106 W S -S 1 (800) 236-0013 - (800) 225-9730 (fax) The survey was conducted by Kira Withy -Allen and Molly Colvin, biologists and certified Caulerpa inspectors, on 24 June 2010 beginning at 11 15hr, at approximately N 33.61412', W 117.90411 0. The weather was sunny, in the low 70s, and the water was 66°F. The divers entered the water from the existing dock and used SCUBA to survey the area approximately 65 ft (-20 m) by 56 ft (-17 m). Transects were delineated to cover all shade -impacted and potential work areas. Water visibility was approximately 2 feet. The diver surveyed along transects at approximately 10 ft (3 m) intervals, scanning a 3 -foot area on either side, through the entire survey area to ensure a minimum of 75% bottom area coverage (Figure 2). 2726 Shelter Island Dr. WSS1 SamDie-go 92106 (800) 236-0013 - (800) 225-9730 (fax) ws, 2726SheMerWand0r. San Dgego CA 92106 s- 1 (800) 236-0013 - (800) 225-9730 (fax) w,ssI 2726 Shelter an Dr. San Diego CA 92106 (800) 236-0013 - (800) 225-9730 (tax) WS2726 Shelter Island Dr. S San Diego CA 92106 (800) 236-0013 • (800) 225-9730 (fax) Proposed Dock Layout Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 25 June 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 84 Linda Isle, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.61412 Lat accuracy level, and an W 117.90411 Long electronic survey area map or hard copy of the map must be included) Survey Contact: name, hone, e-mail)Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen &Molly Colvin, above): (name, phone, kirawithyallen@wssica.com e-mail Permit Reference: pending (ACOE Permit No., RWQCB Order or Cert. No. Is this the first or second First survey survey for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. Description of Permitted Work: A new dock configuration will be implemented in (describe briefly the work to a triangle shape rather than the existing be conducted at the site under the permits identified above) u-shape, which will include the removal of one pile. Description of Site: Depth range: _fept (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 Substrate e: silty sand & mud Temperature: 66 deg F Salinity: Dominant flora: green filamentous algae information). Dominant fauna: Jellyfish, anemone, larval fish Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort: Survey date and time period: 24 June 2010 11:15 AM Horizontal visibilityin water: 2 feet (please describe the surveys conducted including type of Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Surveypersonnel: Kira Withy-Allen & Molly Colvin Describe any limitations encountered during the survey efforts. Survey density: none found Survey limitations: none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions July 21, 2010 Property Address: 84 Linda Isle With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 9'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICAMRBO RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH g/c,7 BUILDING DEPARTMENT oencs ooT no rvoc 1 PROJECT ADDRESS (NOT MAILING ADDRESS)C 1� :F-5 Cf dA FLOOR SUITE NO. PHONE NO. 17%31 — t LIC. NO. ARCHITECT/DESIGNER'S ADDRESS LEGAL DESCRIPTION CITY STATE ZIP No. UNITS LOT BLOCK TRACT ENGINEER'S ADDRESS L>OO Ap 2. DESCRIPTION OF WORK a Ile�- USE 00 NEW [ ADD ❑ ALTER ❑ DEMO ❑ Check Appropriate Box for Applicant # OF STORIES VALUATION $ 17, P400 SQ FT (NEW/ADDED/EXTG) FI-IMRST ❑ 3. OWNER'S NAME LAST em LAST OWNER'S AD RE S ` % OWNER'S E-MAIL ADDRESS CITYn/ STAT ZIP !" PHONE NO. 17%31 — t ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME�� }/�ST FI T �/ (� STAT � NO., C ® // 9 ENGINEER'S ADDRESS L>OO Ap ENGINEER'S E-MAILADDRESS - STA/TSE �-- ZIP CITY STATE PHONE NO. ❑ 6. CONTRACTOR'S NAME 5�& j BUSINESS LIC. y //�Z7No.q�D FATE L 1 2 Class CONTRACTOR'S ADDRESS ;p -,,, / „ IT``i `� llft CONTRACTOR'S E-MAIL ADDRESS CIT STATE, /IZIP Z % )17N�'9-1 `3 j Z OFFICE USE ONLY . PERMIT NO. TYPE OF CONSTRUCTIONAL 3 ®2001 PLAN CHECK NO. = PLAN CHECK FEE $ OCCUPANCY- GROUP QAC PLAN CHECK ENG. rUi uisXoiuy_aNNncauUn w r a I( g a) 7 ha HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions February 9, 2007 Property Address: 84 Linda Isle, Newport Beach, CA 92660 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Vessels may not extend beyond the end of the float by more than the width of their beam. 6.Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property. 7. The maximum width of a vessel permitted to side tie to the easternmost side of the float is 14'. 8. The maixmum width of a vessel permitted to side tie to the westernmost side of the float is 13'. ature: Lisa Walters, Harbor Resources ' Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date JUN -18-2007 16:07 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.1 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions February 9, 2007 Property Address: 84 Linda Isle, Newport Beach, CA 92660 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Vessels may not extend beyond the end of the float by more than the width of their beam. 6.Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property. 7. The maximum width of a vessel permitted to. side tie to the easternmost side of the float is 14'. 8. The maixmum width of a vessel permitted to side tie to the westernmost side of the float is 13' Signature: Lisa Wafers, Harbor Resources Date SC DYi' 9e M+tn S 2.27- 01 Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date ----r - ---r--- I agu I ul I EEL GRASS INSPECTION El Eelgrass within 15' of project 0 Eelgrass within 15 - 30' of project Rf—No Felorass-in-proiect area F; R B 0 R R E S 0 U R C",-, ZS) D til. GITY OF BEACH' C*/07 Harbor Resources Department Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Don Du!�(. Reinspection Yes Need None Needed Yes Need Eelgrass Date 1 T me Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project Eelgrass in Project Area Pump Out Pier Location Yes No Operational I I Recommended Action Encroachmenet Address of Complaining Party Boat Description CIF Number Location on Dock Comments / Observations Other Request Map "ULPUL tage I ol I Ft JW F EEL GRASS INSPECTION • Eelgrass within IS' of project • Eelgrass within 15 - 30' of project Xlgelgr"s,inpLoLect area JA 1,40W sly (lm�ki-3�Ao CL5: 9 �L - 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 May 17, 2007 (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject:. Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Float Proposed Proposed Existing Proposed Additional Description Dimensions Float Gangway Piles Piles Dimensions 26' x 43' U- 26' x 44' U- 3' x 24' No info. 3-14" Henagen, Mike 84 Linda Isle shaped shaped Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC - 031 -06 the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys: completed are only valid, fora limited time period and that additional surveys must be completed and submitted to,Commissionstaff for review if the proposed dock projects listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2009 and that all authorized work must be completed prior to that date. Finally, please note there are ongoing obligations relative to water quality protection established in the authorization which must be implemented for the entire life of the approved development. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC-031-06.and/or CDP 5-06-117. This certification is based on information provided by the City of Newport Beach. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and anydevelopment occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal ;Commission Mr..D.an Swenson; U.S. Army Corps of,;Engineers C�S���T• OF ��' e f��'sT97E5 OF ��, REPLY TO ATTENTION OF: Office of the Chief Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 June 12, 2007 Roger Heartman and Mike Henagen C/O: Lisa Walters City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Heartman and Mr. Henagen: This is in reply to your application (File No. SPL-2007-589-FBV), dated 25 April 2007, for a Department of the Army Permit for dock construction projects, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California (as shown on enclosed maps). This letter authorizes the work at two project sites within Newport Bay (see table below). Applicant Site Address Proposed Dock Dimensions Proposed Piles Area of Impact (Existing - Proposed) Roger 733 Via Lido Soud 10'x14' pier 3-18" Proposed dock is 240 Heartman platform 4-12" sq ft or 0.005 acre 4'x26' pier smaller 3'x24' gangway (892 sq ft - 652 sq ft) 5'x64' finger 8'x5' backwalk Mike 84 Linda Isle (2) 4'x44' fingers 3-14" Proposed dock is 30 Henagen 4'x9' lobe sq ft or 0.001 acre 4'x18' backwalk smaller 3'x24' gangway (566 sq ft - 532 sq ft) 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. 054: As long as you comply with the general permit conditions of RGP No. 054, an individual permit is not required. A general permit does not grant any property rights or exclusive privileges. This letter of verification is valid until October 4, 2011. 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. Sincerely, Jae Chung Senior Project Manager South Coast Branch Regulatory Division Enclosure HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION Applicant Name: Project Site Address: CITY CHECKLIST / Ll'oda �rs1e- e.1-1 ew Pott- eQ Applicant address, phone number Agent name, address, phone number (if applicable) Project site address Assessor's parcel number Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) Type of construction material used (concrete, wood, steel etc...): Scaled drawings (plan view and cross sectional view) ® Site address LSI Location within the Harbor Lel Location and dimensions of existing dock structure EX Location and dimensions of proposed dock structure ® Location and dimensions of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 Eelgrass Survey ] Survey for presence of eelgrass within 30' of the entire project area ❑ Yes CA No Eelgrass within 15' of entire project area. Project not permitted. ❑ If any eelgrass is located greater than 15' from the project area, then no further monitoring required. Caulerpa Survey W Survey for Caulerpa within 30' of the project area Project is over (check one box): ®. City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area Completed Worksheet for Building /Fire Permit Application and proof of payment of Building Department fees Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application L, AIC -City approved Approval in Concept HARBOR RESOURCES DIVISION ' 829 Harbor Island Drive v.12-14-06 Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 23, 2009 This Permit applies to residential dock construction projects only and includes pier, gangway, float and pile repair / replacement. Bulkhead work is not permitted under this Permit. Applicant Name, Address, Phone Number: Mike Henagen 949.631.3121 84 Linda Isle Newport Beach, CA 92660 Agent Name, Address,'Phone Number (if applicable): Swift Slip Dock & Pier Builders, Inc. 949.631.3121 2027 Placentia Avenue Costa Mesa, CA 92627 Project Site Address: Assessor's Parcel Number: 184 Linda Isle 1050-451-44 Project Site: Longitude: - 117.90228 Latitude: 33.61469 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): Remove and replace existing boat dock, almost identical "foot print" to existing layout. Fingers are 4'x 44', 4'x 9' lobe, 4'x 18' backwalk, three 14" concrete pilings and 3' x 24' gangway. Regional General Permit 54 Dock Construction Application Page 2 Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc...): Douglas fir, Trex composite decking Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. FX- Scaled drawings of the project (plan view and cross sectional view) [X; Site address FX-. Location within the Harbor F Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) Location and physical dimensions of proposed dock structure (float, pier, gangway, pile and bulkhead) P Location and physical dimensions of existing dock structures on adjacentproperties F Location of Bulkhead, Pierhead and Project Lines Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass FX- Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required FX-` Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area Project is over (check one box): City Tidelands F- County Tidelands (State Lands Commission Dredge Lease Approval) F If applicable, check one box: F The Irvine Company owner's approved area Bay Island owner's approved area F Dover Shores owner's approved area F Linda Isle owner's approved area Regional General Permit 54 Dock Construction Application Page 3 Completed Worksheet for Building /Fire Permit Application and proof of payment of Building Department fees FX— Check for $60 made payable to Santa Ana Regional Water Quality Control Board I, lBeth Swift (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Regional General Permit 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the 1St Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. 501 and / or ass. •O. y� r6�.ae � � � �� � O�Os N ;MMCtttZririri f 770oo">>�>"p a Z c mmmo e.1ir b a N a O� O� I ,00 �r.f' r95•t3 b bo.4 I I a �l O w xmp �8 01 0 W 04 / - ti �♦♦ I 1, Oflr�rmn � A h l I a of'• � �� � i 7a�f'• - 1O - (p g'I In r e 14 4 7 O p �a• - i' y +.- ISEC.26.6'/0 O 4. O 1p W e 11A Q) Rl a 01 v nl I I (n I O ® I In ~ OI OO 1 1 1 � /et.fe d •o' n I y j � I O aH xN' t\ -a• U - e I I �O ^I I NI T{� �. r0.14' I _ I •� A + I I 4 an Q .' •ej eun .n � e"• � rn �N I$ t'• p I w Vi a �, �,�b ,•f sf I m N I 3001 m `C Lq o ld 20 O , mm• //3 1� 191 in q a •a Q\-M\\� AA H t� ti .a • a � a i a i n o I Cil Map Output g p y Page 1 of 1 L^� . �afa F✓�"� a ��Y� "'a �:se.��., S�' ��, i �o,�d % !� ��, � /'�®� ���'�,` g��',e�i� ,, http://www6. city.newport-beach. ca.us/servlet/com. esri. esrimap.Esrimap?ServiceName=nb... 3/27/2007 Caulerpa Survey r r This Form is required to be submitted for any surveys conducted for the invasive exotic alga Cauler7)a taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized perrilittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, rational Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or - William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Bate: T March 18, 2007 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Harare: (address or Common reference) #84 Linda Isle Site Coordinates: (UTM, Lat./Long., datum, N 33 36.840' accuracy level, and an W 117 54.247' electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Mark Sites (949) 675-1071 marklsites ayahoo.com Personnel Conducting Survey (if other than above): (name, phone, e-mail) same Permit Reference: (ALOE hermit No., RWQCB Order or Cert. No.) ACOE RGP #54 Is this the first or second survey for this project? first Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date® contact NOAA Fisheries or CDFG personnel identified 1 above) XXXX o, Caulerpa was not found at this site. J 1 Description of Permitted – � _— Work. (describe briefly the Install new "U" shaped float with (3) 14" pile and new 3' X 24' work to be conducted at the gangway site under the permits identified above) Description ofSite: Depth range: m3' to –6.4' MLLW Substrate type: Mud (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical Temperature: 58F Salinity: -- NA Doininantflora: None information). DOminant fa2lna: Mussels on doer floats, pile, and seawall Exotic species encountered (including any other Caulerpa Mone species). Other site description notes: ( None I �7 �sCY°��)tlon ®� 11Y°��l' Effort: Survey date and taF}?E period: March 15, 2007 1710-1725 Horizontal (release describe the surveys conducted including type of visibility in water: 3' survey (SCUBA, remote Survey type and video, etc.) and survey methods employed, date of work, and survey density methods: y SCUBA survey using 4 parallel transects perpendicular to the bulkhead. (estimated percentage of the bottom actually viewed). Describe any limitations Surveyper:sonnel: I encountered during the Mark Sites survey efforts. Survey density: 30% Surveys limitations: None Other Information. (use this space to provide +1.4' MLLW tide additional information or references to attached maps, reports, etc.) Drawing and aerial attached Caulerpa Survey Reporting Form (version 1.2, 10/31/04) MAR -20-20017 1S: 30 FROM: SWIFT4LIFDOCK. COIF (949) 6.31-3122 -10:6751071 F. 4 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICA11NSOR RESOURCE CITY OF NEWPORT P CITY OF NEWPORT BEACH �b ,- BUILDING DEPARTMENT 7 PLFARF PRINT M TYPF 1. PROJECT ADDRESS (NOT MAILING ADDRESS) / FLOOR SUITE NO. 451`� C�i a5� LIC. NO. ARCHITECT/DESIGNER'S ADDRESS LEGAL DESCRIPTION CITY STATE ZIP No. UNITS LOT BLOCK TRACT ENGINEER'S ADDRESS e I c --©0 L v ��V/(r 2. DESCRIPTION OF WORK; USEr� ��QG If; _ In 12 NEW [ ADD ❑ ALTER ❑ Check Appropriate Box for Applicant DEMO ❑ # OF STORIES VALUATION $ l M, 00 SQ FT (NEW/ADDED/EXTG) ❑ 3. OWNER'S NAME LAST FIRST l 4"'m of //"� -� OWNER'S Ae7S/ NER'S E-MAIL ADDRESS CITY STATE ZIP ,� -- PHONE NO. 63r- f2i ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME �q.. t¢�ST FI Tom` I' 1/ STATE LIC. ®i C9 ENGINEER'S ADDRESS e I c --©0 L v ��V/(r ENGINEER'S E-MAIL ADDRESS �' � �� Goy CIT. STA/TSE � ZIP PHONE NO���3/� ❑ 6. CONTRACTOR'S NAME t BUSINESS LLIC�.7 > �i?l 1 STATE LIC. �q 7L91 Class No. CONTRACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS CIT STAT„ /I ZIP PHON .I`q.j `3 I Z 9 OFFICE USE ONLY Y PERMIT NO. TYPE OF CONSTRUCTIONPLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP 67vk��'` PLAN CHECK ENG. i viola wiuy_aNNuuauvu u�c�ivY ' " G1 - 9-W RMCP HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace float like for like. No new pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 84 Linda Isle, Newport Beach, CA 92660 Legal Description: Harbor Permit Number: 133-84 Plan Check Number: 0211-2007 Applicant: Mike Hennigan Applicant's Mailing Address: 84 Linda Isle, Newport Beach, CA 92660 Phone Number: 949 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, 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 or 1970, and state and local guidelines adopted hereunder, this development: XHas been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Lisa Walters, Harbor Resources February 9, 2007 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 February 21, 2007 West Coast Escrow Fax: 949.644.6109 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: HARBOR PERMIT TRANSFER Pier Permit # 133-84 Escrow#C0-19813-LE 84 Linda Isle The Harbor Resources division has received the completed & signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name. Thank you for your help. For further assistance in this matter, please contact me at 949. 644. 3044. Sincerely, C%sa Waiters Harbor Resources Division W I' U� o _.l HARBOR PERMIT TRANSFER APPLICATION �!ItIFORy Date of Applicaton: r 0 4 Permit Number: Property Address: ,y L� n� [SL -r✓ ; PUC -"Pore -r � , Buyer's Names: ��;.7�- 545�-arys Billing Address: Telephone No.: Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: ,7� r (:0( -?5'i' �55CI Address�I—a Escrow Number: Closing Date (Estimate): - U - 0.7 Inspection Date: Reinspection Date: Fee Amount:' Date Paid: Check Number: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. > w]jC) . r4--- HARBOR PERMIT � TRANSFER APPLICATION ;;�� CrFUR•�`` . Date of Applicaton: 03 Permit Number: Property Address: LGi,� . NjeL4Poj0-t ac . Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures: Inspection Date: Fee Amount: Date Paid: Application Complete: Reinspection Date: Check Number: Harbor Resources Signat WDate In accordance with Title . . Special Conditions:, This permit is revocable by the City Council n . l Tof the Newport Beach Municipal Code. October 27, 2006 Heritage Escrow Fax# 949-640-2299 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Permit # 133-84 84 Linda Isle, Newport Beach Escrow # 304-20942 Dear Sirs: The dock was inspected by the Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re- inspected: 1. It needs a GFI (ground fault interrupter) on the electrical line to the dock. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 718-1844 to request a reinspection. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, Lisa Wafters Lisa Walters Division of Harbor Resources Date: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department Don Duffy ®a4 b (,e- d ° T° do/ 1 Pier Transfer Rei GFI Present Yes Need None Need s Anti -Siphon / Backflow Present 71 Other Comments /l Eelgrass Yes. No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page I of I http://www6.clty.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 10/26/2006 JBUYgf �lLlitG� Rennigen i +a Axa. `��� A DR SS O�'�ACICITY � %:� �� ial "N i RSet7;i._,'? •tWt.,x PERMIT # Phyllis L. �Iannigan r B�eacA 13300$41 M 19JU AD i cCl s0i1 PL. TELEPH NO.E37 FEE CHECK --Los Angelks, cA 9000 �Z /99 APPROVED BY. DATE, , APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT a hon ,Lyon -J. Mich l Hennigan ocHo �C11, 1 :LS►o Phylli' Hini ait] � ENG ❑ SELLER'S NAME(S) BU S A n O E'NA BE TYP COUNCIL ❑ ,!amN`"y t'. �. i PUBLIC WORKS ❑ .i�'k�• ,t' ti� SIGNATURE'QF SELLER SI NA RE OYER ` ° 9' DEPT. { ESCROW j ,�'Si' 7 '' A w U e✓9. '. YY INSPI,ION ❑� SIGNATURE,OF SELR SIGNATURE OF BUYER y a ❑ SIGNATURE OF JOINT OWNER A �,LL' ATI((�`�jN APPROVED r r j (DATE): ❑ ✓ H,RBOR INSPECTOR ".. SPECIAL CONDITIONS:: THIS PERMIT IS REVOCABLE 17 OR THE 'MUNICIPAL CODE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE � CITY OF NEWPORT B , 1 EACH,. CALIF. TWX FORM. 66-1013 REV. 77 TO Lorry �',raCh //7 f3� y{ NLwPO.[I r '� O B%9G60R O •� ,T i I IC -17 ' 17Y .S'KFTCH r Easr;- '�•• Soandrri95 owe eroressed rAwewl, depths be/o 2ieorl :'�owe'r L WorFgr xrnui are esyob%/'sheor Jn r e�froi. o'f'Newporf, Bor ip `L 1 Y 6 n z 1t 77 CIT- OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HERESY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY 5&I€EWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PIS OVI-SIONS OF THE HARSPOR PERMIT POLICIES OF NEWPORT REACH AND ANY SPECEAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT THANS 1 RARLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COOF-WNd TOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THM PES PERMISSIVE ONLY AND THIS PERMIT MAY RE 1� 14ED Y E CITY COUNCIL IN ACCORDANCE WITH TITLE f72fOME M NICIPAL CODE. TY HARBOR COORDINATOR /71 •P�to 7 SPECIAL CONDITIONS: Gas---, Af To�rrnlltR:e�l� ase■ � I,I POST ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P g11FWL May 21, 1999 Pickard Realty Escrow Division 8898 Rio San Diego Drive San Diego, Ca 92108 Re: Pier Permit 13300841 for 84 Linda Isle, Escrow # 5079 -SM Sirs: The City of Newport Beach Marine Environmental Management Division has re- inspected the pier and float for the above mentioned property and has found that it meets City Standards. The pier permit will be transferred to J. Michael Hennigan. If you require further assistance in this matter, please call 644-3043. Sincerely, Ya 4�__—e Wes Armand Fire and Marine Department Marine Environmental Management 3300 Newport Boulevard, Newport Beach PORT CITY OF NEWPORT BEACH U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C9G/ FpR`P April 23, 1999 Pickford Realty, Inc. Escrow Division 8898 Rio San Diego Drive San Diego, Ca 92108 Re: Pier Permit 13300841 for 84 Linda Isle, Newport Beach. Sirs: This letter replaces the April 21, 1999 pier inspection letter. The City of Newport Beach Fire and Marine Department has received a request to transfer pier permit 13300841 for the above-mentioned property. The facility was inspected on December 16, 1998. We cannot transfer the pier permit until the following deficiency has/have been corrected and we have been notified of the corrections: 1. A City -approved anti -syphon device is required at the water connection for the water to the pier and float. A sketch showing the approved type of device and its installation is enclosed. This requirement is in accordance with Title 17 of the California Administrative Code. The State of California Department of Health no longer accepts the device that is currently on the water line. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, i1x1XI) �. Wes Armand Fire and Marine Department Marine Environmental Management Division 3300 Newport Boulevard, Newport Beach PICKFORD REALTY, INC. Escrow Division 8898 Rio San Diego Drive San Diego, CA 92108 March 26, 1999 CITY OF NEWPORT BEACH MARINE DEPARTMENT 70 NEWPORT PIER NEWPORT BEACH, CA. 92660 ATTN: WES ARMAND Re: Escrow No. 5079 -SM 84 LINDA ISLE, NEWPORT BEACH, CA Dear Wes: Please be advised that our office is currently processing an escrow for the sale of the above referenced property which calls for the pier slip to be transferres at the close. the seller is the. Leon and Molly Lyon Family Trust and the buyer is J. Michael Hennigan and Phyllis L. Hennigan. The escrow is scheduled to close on May 5, 1999. Enclosed, please find our check in the amount of $163.00 representing one half of the transfer fee required by your office for inspection of the pier prior to its transfer. Should you have any further questions or need additional information, please feel free to contact the undersigned. Very truly yos, PICKFOR EALTY ESCROW MICHEL ELVEDERE ESCROW ASSISTANT JV'f ffArel Hennigan _Phyllis L. Hennigan MA,II ING AADREffudson Pl. LOS AT)g eles, , CA 9000 APPROVED BY: DATE ADDRESS OF FACILITY: MiWpor Line' eaad,, CCA TELEPHONE `NO. F FEE PERMIT # 13300841 CHECK NO I DATE ) k iza l ys i-Zzdz I I 519.199 APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT Leon Lyon J Mich 1 H SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REV. ae ennigan OCHD ❑ Mall L on Ph lli .Hennigan ENG ❑ SELLER'S N E(S) BU'ER'S I k5" N MES i OBETY D COUNCIL ❑ PUBLIC WORKS ❑ SIGNATURE 0 LLER SI NA URE F BUYER DEPT. ESCROW ❑ 11 SCGNATIfff SEL SIGNATURE OF BUYER INSPECTTION ❑ SIGN URE JOI OWNER ATI N ROVED (DATE) CITY H R INSPECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REV. e-7 CiTY7 OF EE9EWPORT BEACH HARBOR PERNRIT PERMISSION IS HEREBY GRAFTED TO CONSTRUCT AND MAINTAIN THE FACILITY 553EAWN ON THF REVERSE HEREOF, AT TF:E SITE INDICATED, SUBJECT TO THE Pe GViS'-0NS OF THE HARBOR PERMIT P OLIVES OF NEWPORT BEACH ANG ANY SPECIAL COPZD.GT[Cf4 S L:STED REIT EC14. 7415 PERM- i' iS NOT THANEFTPA BLE WITHOUT THE't'i►"NTTEN CONSENT OF THE CIATY HARBOR COa".FY[8ai' ATOR OR CITY CYZUNCiL. THE RIGHTS GiVEN UNDER THSIS FzEF PERrdjSSlVE ONLY AND THIS PERMIT MAY BE &EED PY NE CITY COUNCIL IN ACCORDANCE WITH TITLE 7 F E M NICIPAL CODE. ,I TY HARBOR COORDINATOR SPECIAL. CONDITIONS: gampri moonlit gnu Other: h1�! h !� a f�t� ga 24'{p`� r ti5 t for W 7✓n�rs: ti f Q s �^✓aw•io�! ?r o p R T y .4� A 74 e J Ar44°04 lw v �: � _• A CCL MA v I C) N} T Y SKETCH wssr Jerry i Naw"Wr JAY C'A4 IioRnUA L l4rrrr y2 / 6oun0'i.-195 ore e.c/�ressed i. f i• "e rrd,<.d��io e.;. ,.,,,.ws -r`: dePfs+s below [ower /—&w Wof�s, �.f�rx..sciss �, • : G.i range o{ld�/y ore esaob/✓'Shed"-iii ��5� ecf.on of New�orr Boy ., -. �' � `.'-."..... �. /' /�...� �;• T4s. 'r.w'�, !,.. �. _.. L -'. �� .. -_ I i GslOJ, cw 4 ON,S''.'MK.'T AMP „ H r , i" 'r 771a AT TRE E C a5,µ !w . ���r , � arr¢ -A o L'. "� 's za .. 3 V-�' T54�,�nn^����, HARBOR R x.'.y t .,. ��i,'.z � C SS 5 N L.i:G�l s-,nT Q .. w :, Y SPEVAL r IS��?.r �'.' ik'.. „v., a'v._. ..'..-,�; z �i4'a WAIM ., .. ..wx GI,, . u ., e IN +�.4 'e a L+'..'.. ��kF j. 4M fi / G Y Q N'�.:.a. Y Y.Y'u JVL. uUP iw .l�'�• �w�y� .. ....ip✓ a., ari'A u1 i' T