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HomeMy WebLinkAboutM2013-0042.� N s s Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Andy Crean 92 Linda Isle Newport Beach, California 92660 Dear Mr. Crean: August 15, 2014 I am replying to your application (File No. SPL -2014 -00465 -SME) dated June 17, 2014, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged or fill material into waters of the United States, in association with the 92 Linda Isle Maintenance Dredging Project. The proposed work would take place bayside of Linda Isle in Newport Bay within the city of Newport Beach, Orange County, California (Figure 1). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54, including terms and conditions related to ocean disposal of dredged sediment, is available at http://www.spl.usace.gm.mil/Portals/I 7/docs/Kegulatory/RGP/RGP54.pdf Specifically, you are authorized to dredge up to approximately 787 cubic yards of sediment from approximately 0.092 acre of non -wetland waters of the United States using an excavator, barge, dump scow, and tug boat and dispose of the dredged material at the LA -3 Ocean Dredged Material Disposal Site (Figure 2). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 20, 2015. 2. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted in accordance with the Caulerpa Control Protocol (http://www westcoast.fisheries noaa ,y/publications/habitat/caulerya taxifolia/cauleMa contr of protocol 4 .pdf) and submitted to the Corps Regulatory Division before project -related activities commence. Furthermore, a pre -project eelgrass survey shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCENT) (hltp://www westcoast.fisheries noaagov/publications/habitat/califomia eelgrass mitigation/eel olrevl l final.pf and submitted to the Corps Regulatory Division before project -related activities commence. No work shall be conducted until a Notice to Proceed is issued by the Corps Regulatory Division. 3. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatory Division a post -project implementation memorandum including the following information: A. Date(s) work within waters of the United States was initiated and completed; B. Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); and C. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches. 4. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213-452- 3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.F.R. section 800.13. Thank you for participating in the Regulatory?rogram. If you have any questions, please contact me at 213-452-3660 or viae -mail at Stephen.M.Estes@usace.army.mil. Please complete the customer survey form at hftp://`corpsmqpu.usace.anny.mil/cm apex/f? =re ulatory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, � C_— Stephen M. Estes Project Manager Orange and Riverside Counties Section South Coast Branch Enclosures STATE OF. CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office,i 200 Oceangate; Suite 1000 -ea Long Beach, CA 90802-4302 June 24, 2014 (562)590-5071 Mr. Chris Miller 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 - DREDGING Dear Mr. Miller: Commission staff has 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 Beach Ocean Cumulative Eelgrass Present Comments Disposal Disposal Total for 2014 between 15 - 30 Feet Eelgrass Survey Qty*(cu.yds) .Qty*(cu.yds) ofdisposal Date/Expiration`'; footprint?§ Caulerpa Survey Date/Expiration" City of Newport Beach Balboa Island: Public beach at North Bay 431 0 No Eelgrass Survey Front at Grand Canal 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 EXPIRES 6/27/2014 City of Newport Beach Balboa Island: Public beach at East Bay 833 0 No Eelgrass Survey Front at Park Avenue 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 EXPIRES 6/27/2014) City of Newport Beach Balboa Island: Public beach at South Bay 667 0 No Eelgrass Survey Front at Amethyst Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 EXPIRES 6/26/2014 City of Newport Beach Balboa Island: Public beach at South Bay 1000 0 No Eelgrass Survey Front at Marine Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 EXPIRES 6/26/2014) City of Newport Beach Balboa Island: Public beach at South Bay 850 0 No Eelgrass Survey Front at Jade Avenue 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) City of Newport Beach Balboa Island: Public beach at South Bay 1000 0 No Eelgrass Survey Front at Abalone Avenue 3/29!2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 EXPIRES 6/27/2014) Not to Exceed 1,000 cubic yards per dredging and beach disposal event ' Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event Not to Exceed 20,000 cubic yards per year If "Yes" then if eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. `" All eelgrass survey/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). +' Caulerpa taxifolia surveys are valid for 90 days from date of survey Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 3 City of Newport Beach Balboa Island: Public beach at South Bay 917 0 No Eelgrass Survey Front at Diamond Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014) City of Newport Beach Balboa Island: Public beach at South Bay 867 0 No Eelgrass Survey Front at Coral Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 EXPIRES 6/26/2014 Philip Doane 1302 — 1316 East Bav Avenue 723 0 No Eelgrass Survey (RESUBMITTAL UNDER EXTENSION) 4/16/2014 (Expires 8/14/2014); Caulerpa survey 10/28/2013 (EXPIRED 1/28/2014) City of Newport Beach Balboa Island: Public beach at Turquoise 611 0 No Eelgrass Survey (RESUBMITTAL OF Avenue and South Bay Front 2013 PROPOSAL, (Expires Ex ires P UNDER EXTENSION) 7/26/2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014) City of Newport Beach Balboa Island: Public beach at Grand Canal 144 0 No Eelgrass Survey at South Bay Front 10/20/2013 (EXPIRED); Caulerpa survey 10/20/2013 (EXPIRED) David Shockley 517-537 Via Lido Soud 603 0 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Abbott Ayloush 915 Via Lido Soud 140 0 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Carl & Mary Rawnond 40 Linda Isle 0 502 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 - (Expires 8/14/2014) Arsdys - ' 92 Llrx-IsI� ' r D 787 NoEel grass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014 Don & Sandv McCalla 105 Linda Isle 0 546 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Kevin Moriarty 2782 Bayshore Drive 0 455 No Eelgrass Survey 5/14/2014 (Expires 9/11/2014); Caulerpa survey 5/19/20143 (Expires 8/17/2014) Sub -total 8786 1 2290 Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 3 of 3 Year-to-date total 1 10551 2290 1 12841 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review- if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire nn December 20 2015 and that all authorized work must be completed prior to that date. 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 recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -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 Coastal Program Manager Orange County Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Steve Estes, U.S. Army Corps of Engineers a i111E,r �? ��ryfO'rtiraros.�44�: Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Andy Crean 92 Linda Isle Newport Beach, California 92660 Dear Mr. Crean: August 15, 2014 I am replying to your application (File No. SPL -2014 -00465 -SME) dated June 17, 2014, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged or fill material into waters of the United States, in association with the 92 Linda Isle Maintenance Dredging Project. The proposed work would take place Bayside of Linda Isle in Newport Bay within the city of Newport Beach, Orange County, California (Figure l). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54, including terms and conditions related to ocean disposal of dredged sediment, is available at http://,.N,-wiv.spl.usace.army.mil/Portals/I 7/docs/reLulatorv/RGP/RGP54.pdf. Specifically, you are authorized to dredge up to approximately 787 cubic yards of sediment from approximately 0.092 acre of non -wetland waters of the United States using an excavator, barge, dump scow, and tug boat and dispose of the dredged material at the LA -3 Ocean Dredged Material Disposal Site (Figure 2). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 20, 2015. 2. A new pre -construction Caulerpa (Caulerpa taxifalia) survey shall be conducted in accordance with the Caulerpa Control Protocol (http://w,�,N�v.westcoast.fisheries.noaa.aov/priblicationslhabitat/caulerpa taxifolia/caulerpa contr of protocol 4 .pdf) and submitted to the Corps Regulatory Division before project -related activities continence. Furthermore, a pre -project eelgrass survey shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (http://wzwv.-,vestcoast.fisheries.noaa.,ov/publications/habitat/califomia eelarass mitigation/eel polrevl 1 final.pdf) and submitted to the Corps Regulatory Division before project -related activities commence. No work shall be conducted until a Notice to Proceed is issued by the Corps Regulatory Division. I Within 45 calendar days of completion of authorized work in waters of the United States,. the Permittee shall submit to the Corps Regulatory Division a post -project implementation memorandum including the follow=ing information: A. Date(s) work within waters of the United States was initiated and completed; B. Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); and C. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches. 4. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human: remains, archeological deposits, or any other type of historic property-, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213-452- 3849 or John Killeen at 213-452-3861). The Pennittee shall immediately- suspend all work in any area(s) where potential cultural resources are discovered. The Penztittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.F.R. section 800.13. Thank you for participating in the Regulatory Program. If you have any questions, please contact meat 213-452-3660 or via e-mail at Stephen. M.Estes@usace.army.mil. Please complete the customer survey form at http://corpsmapu.usace.armv.mil/cm apex/f?p=regulatory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Stephen M. Estes Project Manager Orange and Riverside Counties Section South Coast Branch Enclosures v � � a��I%�,��d ,� "`� ?OQ�EQ1 8�elueg•.�� �'� t>-Se Aim h � Aa o I" owfmn = p e .- �`t xS d s 1 - Aoolena Ave, °" �S Sapphire AVe rrI O a V r. v 0 MOMMMIREFE 'SRIP,77 77327MUN 0 Eelgrass wfthiri. 5f r.-Iroject [I Eelgrass i U" 6 u R_ E s DIV. z mfithir, 1515 - 3,11 of projea _EE 'r q C) 4 M CRQ40 Eelgrass in pimiec! area 0"PT' OF NEWPORT BEACH n 0 rZ o A Signature Lei 14 1-k,- o 02. inspection Data & -PmEr- •5, 3 ?L 7. a V r. v 0 MOMMMIREFE 'SRIP,77 77327MUN 0 Eelgrass wfthiri. 5f r.-Iroject [I Eelgrass i U" 6 u R_ E s DIV. z mfithir, 1515 - 3,11 of projea _EE 'r q C) 4 M CRQ40 Eelgrass in pimiec! area 0"PT' OF NEWPORT BEACH n 0 rZ o A Signature Lei 14 1-k,- o 02. inspection Data & -PmEr- 3 ?L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES June 17, 2014 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 -Dredging Application Submittal Enclosed is a dredging application for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification. CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit, $77 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to contact this office with comments or questions, 949-644-3044. Raymond- 40 Linda Isle Crean- 92 Linda Isle McCalla- 105 Linda Isle Moriarty- 2782 Bayshore Sincerely, Lisa Walters 829 HARBOR ISLAND OR[VE, NEwFoRT BEACH, CA 92660 P (949) 644-3034 1 E (949) 723-0889 1 www.NEwPORTBEACHCA.GOv CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES DREDGING APPLICATION CITY CHECKLIST Applicant Name: Project Site Address: q2, Lt -AG, Tdv�—= Applicant address, phone number C41 Agent & Contractor name, address, phone number (if applicable) ® Project site address �l Assessor's parcel number Dredge site latitude and longitude ❑ Disposal site: ❑ Beach disposal latitude and longitude ® Ocean disposal LA -3 �l Purpose and final goal of dredging Method of dredging. Vessel and equipment description. ® Vessel(s) Captain, Dredging & Disposal Inspector © Cubic yards dredged and disposed ( must be less than 1,000 cy.) Area impacted (in acres) ❑ If beach disposal, linear feet of affected beach area ® Dredging and Disposal Operations Schedule ® Scaled drawings (plan view and cross sectional view) ® Site address �I Location within the Harbor 829 HARBOR ISLAND DRIVE, NEWPORT BEACH, CA 92660 P (949) 644-3034 1 F (949) 723-0589 1 WWW.NEWPORTBEACHCA.GOV Page 2 IrNn ® Location of existing dock structures Location of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Dredge depth (limited to -7 MLLW with a 1' allowable overdraft) Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) Eelgrass Survey Survey for presence of eelgrass within 30' of the entire project area ❑ Yes ® No Eelgrass within 15' of entire project area. Proiect not permitted. �I If ocean disposal and eelgrass is located greater than 15' from the project area, then no further monitoring required ❑ If beach disposal and eelgrass is not located within 30' of the project area, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: ® Eelgrass Stamp ® Caulerpa Survey NI Survey for Caulerpa within 30' of the entire project area Grain Size Analysis (1) sample per 1/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) ❑ Beach disposal: ❑ Sample(s) must be at least 80% sand, or; ❑ At least 75% sand and within 10% of the sand content of the receiver beach ® Ocean Disposal: Sample(s) must be less than 80% sand Page 3 ® Project is over (check one box): M 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 ® Check made payable to The City of Newport Beach I$I Check for $77 made payable to Santa Ana Regional Water Quality Control Board 1 Signed application ❑ Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) Andy Crean 92 Linda Isle Newport Beach, CA 92660 Atlas Engineering 837 W 17" St. Costa Mesa, CA 92627 949-525-2689 C Dredging Application & Survey for RGP 54 for the City of Newport Beach Report Prepared 5/30/14 Hydrographic Surveyors, General Engineering Contractor, Inspections, Marine Services & Equipment 837 West 17t" Street License # A850635 Costa Mesa, CA 92627 PLS # 4278 ACSM # 0221 PH 949-525-2689 ♦ FAX 949-597-8518 atlas-engineering@sbcglobal.net Table of Contents 1. Application 2. Plan View 3. Plan View With Ariel 4. Cross Section 5. Eel Grass/Caulerpa Survey 6. Soil Sample Analysis 7. Low Tide Picture Hydrographic Surveyors, General Engineering Contractor, Inspections, Marine Services & Equipment 837 West 171 Street License # A850635 Costa Mesa, CA 92627 PLS # 4278 ACSM # 0221 PH 949-525-2689 ♦ FAX 949-597-8518 atlas-engineering@sbcglobal.net CITY OF NEWPORT BEACH = PUBLIC WORKS DEPARTMENT FORN�" Harbor Resources Division Dredging Application Regional General Permit 54 Corps File No. SPL -2011 -00249 -SME CDP 5-06-117-A2 & CC -031-06 Water Board Consistency Permit Expires March 31, 2014 Applicant Name, Address, Phone Number: Av okq G r- cel I aZ 'Ll yda zs l e , Nt4JOT W -t R,e9►t , L� �12� (� d 01 *� - 015 2S0 1 Agent & Contractor Name, Address, Phone Number: 51 r un - .i 1ov5 Y�PffllY- V\5 �(q� , SZFs - 2,LobPi 8�� Project Site Address: Assessor's Parcel Number: D5b- Ac? Ili Dredge Site: Latitude .� @ r �[ ^ Longitude 111-7 * A ^ Zo vV Disposal Site: Latitude Longitude ❑ Beach Disposal Ocean Disposal (LA -3): Latitude 33 31'00"N Longitude 3.17 53'30"W Purpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): �/ V �� Yl a�. v ► o-,� N cV m b0k kerne 3 of Dredging (Hydraulic, Clamshell, Tractor, etc...): EX C,nlvGuk-b611'�- r PyYVT Scaw �, 41n baa+ & Captain(s): JDredging Operations inspector: Operations Inspector: jv�j --�b 0CKYLCVYLad T, Y�l ►m, �- Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Cubic Yards Dredged and Disposed (Must be less than 1,000cy total): � 4.'A ­7 aXo� 5 Area Impacted (in acres): F 6 6-1 - _,7, Ao t, If Beach Disposal, Linear Feet of Affected Beach Area: LI Estimated Quantity of Material Dredged from or Disposed Onto the Site from Previous Activities: IV Dredging and Disposal Operations Schedule: L ok Aio�9 AyP se submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications not be processed. `.F Scaled drawings of the project and disposal areas (plan view and cross sectional view) Site address Location within the Harbor Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) Location and physical dimensions of existing structures of existing structures on adjacent properties. Location of Bulkhead, Pierhead, & Project Lines Dredge depth (limited to -7MLLW with a 1' allowable overdredge) Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass Eelgrass Survey- Completed by a Certified Eelgrass Diver A. Survey for the presence of Eelgrass within 30' of the entire project area (dredge & dispose site) B. If Eelgrass is within 15' of project area, then the project will not be permitted via RGP 54. C. If ocean disposal: *Any eelgrass must be located greater than 15' from the project area •No further eelgrass monitoring is required D. If beach disposal: *If eelgrass is not present within 30' of the project site then no further monitoring is required. off eelgrass is present 15'-30' of the project area then pre- and post -monitoring is required. L Caulerpa Survey- Completed by Certified Caulerpa Diver *Survey for Caulerpa within 30' of the project area (dredge and disposal sites} Grain size analysis •(1) sample per 1/4 acre and/or at least (1) sample at dredge site and (1) sample at beach disposal site *If beach disposal sample must be at least 80% sand Project is over (check one): City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area _�K Linda isle owners' approved area Check for $1,690 made payable to City of Newport Beach Check for $77 made payable to Santa Ana Regional Water Quality Control Board Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Dredging is not outhori;mbd in certain areas of Newport Bay, including the Rhine Channel, portions of the West Lido Channel, areas west of Newport Boulevard, areas north of Dover Shores, portions of the Bayside village Marina, Promontory Bay, and portions of the Balboa Yacht Basin. X1,1V k lea ewzwll (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-A2 & Federal Consistency Certification CC - 031 -06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that I will comply with all ofthe 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 March 31, 2014 after which a new authorization is required. I also understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday — Saturday) or on Sundays or holidays must be approved by Harbor Resources. Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dredging 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. Applicant and / or Agent Signature Updated January 2013 i v Date Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 June 10, 2014 Lisa Walters City of Newport Beach Harbor Resources 100 Civic Center Dr. Newport Beach, CA 92660-7206 RE: Linda Isle Community Association — Dredging of Private Boat Slips Dear Lisa Walters: Due to the uncertainties of when the Linda Isle Lagoon dredging project will commence, the Linda Isle Board of Directors has recommended to homeowners that they proceed with dredging their slips as they are able and currently include the following addresses: 40, 41, 48, 81, 86, 92, 102, 103, 104, 105 Linda Isle. Thank you again. Should you have any questions.or need additional information, please do not hesitate to contact meat (949)838-3229. Sincerely, At the Direction of the Board of Directors, Linda Isle Community Association zaa �zatiusact Lisa Brannon, CCAM. Senior Community Association Manager lbrannon@keystonepacific.com cc: 40, 41, 48, 81, 86, 92, 102, 103, 104, 105 Linda Isle Professionally Managed by: Keystone Pacific Property Management, Inc. 16845 Von Karman Avenue, Suite 200 • Irvine, CA 92606-4960 • Tel (949) 833-2600 • Fax (949) 833-0919 www.keystonepadfic.com ru ru X - z C:) 1,D ro W a Oma 0 :CIL @ m CL m o u:l m :E Z O 0 m 0C, r la C CD 0 —00 00.0 ort O M 0 0.0 0 Ow - CD 2. CL cn rn - x CD 0 0 O 0 1 Eelgrass wir �-,un , 7,, of ct with �r,6 I of projeci, R I;5NO elgrass �rj �area "4W (.,H11, Ul NnNIPORT BEAC'," s i g n a:,ru rG LtAT insokfion Date & TimqL' m 0 b �7 Z bi C a Z ❑ 0 0 I I�- W, n c� Q C31 G Q� ::�ND Q Q G CD r:ZE i Q G � CD Q_ CD _r Q ama 0 aM,QCID ;o -CDr o Q �Q2 -.Q m I• f o 0 0c60 Dm n o c � D o r0 0 Q Q. 0 a Q 0 3 o a tq 0 0 —o W CD Q Q. 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This is a Pre Dredging Survey as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 PRE DREDGING Page 1 of 10 WQ� Nor S1, DIVE WORKS 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Dredging Survey March 6, 2014 92 LINDA ISLE Newport each, California Atlas Engineering 837 W 17th St. Costa Mesa, CA 92627 Report Prepared May 16, 2014 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE DREDGING Page 2 of 10 -W 0-"�z Not ING MW Survey Method 'i4yjV44" �7 &J.�kM Discussion DIVE WORKS S�` 429-0 Shoreline Village Drive Long Beach, CA 90802 92 Linda Isle Newport Beach, CA Pre Dredging Survey March 6, 2014 Tablel. Tides and Currents for Newport Beach, CA May 16, 2014 ..................................................................................................................... 5 Figure 1. Location of 92 Linda Isle, Newport Beach .... I ................................................................ ............................................... 5 Figure 2. Dive Transects, depths, survey area .................................................................................................................... 6 Caulerpa Survey .................................... ......................... I ..................................... I ............ 7 Eelgrass Survey ...... I ........................................... .............................................................. 9 PRE DREDGING Page 3 of 10 "mv�4i "1 VF p 92 Linda isle 429-0 Shoreline Village Drive Newport Beach, C ]Long Beach, CA 919802 sle Pre Dredging Survey March 6, 2014 Current Situation — Pre Dredging Client at 92 Linda Isle, Newport Beach, CA is proposing to dredge existing dock of 707' sq ft See Figures 1. Construction has not started. This is a Pre Dredging Survey addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure "1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey conducted May 16, 2014 beginning at 1400 hr approximately N Lat 33.615121 ° W Long -117.903665°. Day was sunny with air temperature 85° F. Water temperature was 63' F. Depth ranged from 6' at sea wall to 12' past end of dock. Visibility was > 1' foot. See Table 1 Survey area delineated spanning 80 ft parallel to sea wall and 70 ft out from sea wall to cover all shade and impact areas of the existing dock and approximately 15' past property lines either site of project area along with approximately 15' past pier head line. Survey conducted with 2 divers spaced 3 ft apart with transects parallel to sea wall. Lane width was approximately 5 ft wide scanning approximately 0 ft on either side, covering the entire area to ensure >75% coverage of bay floor for a total of 14 transects. See Figure'2 Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form). Fauna: Observation included mussels on sea wail and dock floats t Eelgrass (Zostera marina) was not observed and reported on attached Eelgrass Survey Reporting Form. Resident is proposing to dredge existing dock. See Figures 2. Impact to navigational waters would not change regarding passage of other boats around or past this dock. During dredging work as planned will have no adverse. Best Management Practices (BMP) is stressed within proposed project in order to promote continued healthy life cycles of marine habitats and maintain clear navigational channels for boaters. PRE DREDGING Page 4 of 10 DIVE WORKS ti, s92 Linda Isle 4.29-0 Shoreline Village Drive Newport each, CA Long Beach, CA 90802 Pre Dredging Survey March 6, 2014 Table 1: Tides and Currents for Newport Beach, May 16, 2014 NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Station1d., zlg; + l" - c. I; :cr7.00 LST!" D" 6.00 O Date Day TiniP- Hqt m 4.00 7, 3.00 u5 16 Fri I I Z AM 3.79 H L 2.00 04-; 3'1 PPI 1 9 L 4-1 1.80 5/ 5 Fri 10:30 PM 6.0= H 0.00 ,3 5: 7 Sat 12:38 ai.q 3,59 -2 80 05116 95/16 05/16 85117 05117 05/17 0511.7 05118 13" i7 Sat : 7 P�,j 3,75 H 12an San 12pn 6pn 12an San 12pn Spee 12an 1 Date/Time (LSTILDT) Figure 1. Location of 92 Linda Isle, Newport Beach PRE DREDGING Page 5 of 10 7, P4, '92-L-thda fsfe toki v. --'i -7 PRE DREDGING Page 5 of 10 DIVE WORKS 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Dredging Survey March 6, 2014 Figure 2. Dive Transects, depths, survey area 12' 4' 13, 4' Is, Transects Depth pm= � �111 Y PRE DREDGING 1. 55, T Bulk Head Line Date: 511612014 Time: 1400 Air Temp, 85 degF Water Temp- 63 degF Visibility: > 1' Page 6 of 10 ]DIVE WORKS 92 Linda isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Dredging Survey March 6, 2014 Caulerpa Survey Reportingr This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Came, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 92 Linda Isle. Newport Beach, CA Survey Contact: Hobert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Deference: (ACC>E Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33 . 615121° Lat (UTM, Lat./Long., datum, accuracy W -117.903665° Long level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) PRE DREDGING Page 7 of 10 IVB _ _ N 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, C Long Beach, CA 9€180 Pre Dredging Survey March 6, 2014 Ca ler a Survey Reporting Form (Cont.) Description of Site: (describe the physical and biological conditions within the survey area at the time of theDepth range: 6'-12' Bottom is sediment, Sand and survey and provide insight into Dirt. variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand and dirt Temperature: 850 Air 630 Water Salinity: Newport Harbor Salinity Dominant flora: Dominant fauna: Mussels Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey Survey date and time period: Survey conducted using SCUBA methods employed, date of >75% area including bottom work, and survey density DATE: May 16, 2014 surveyed. (estimated percentage of the TIME :1400 PM bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: > 1' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, re orfs, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRE DREDGING Page 8 of 10 DIVE WORKS 92 Linda t5fe 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 901302 Pre Dredging May 16, 2014 NOUN! 1111 y �. ALTWa This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the H.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759- 0773. Required Information Site Name: 92 Linda Isle . Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail .com Permit Reference: (ACOS Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33 . 615121° Lat (UTA, Lat./Long., datum, accuracy level, W -117.903665° Long attach electronic survey area map if possible) Was Eelgrass Detected: Eelgrass within 15' of proposed project Eelgrass within 15'-30' of project / disposal site xxx No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be conducted at Dredging the site under the permits identified above) PRE DREDGING Page 9 of 10 DIVE WORKS_. w 2 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Dredging May 16, 2014 Felgrass Survey Reporting Form (Cont., Description of Site: (describe the physical and biological conditions within the survey area at the time of the Bottom is sediment and sand survey and provide insight into Depth range: 6'-12' variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: 850 Air 630 Water Dissolved Oxygen 7.1 m /L Salinity: Newport Harbor Salinity Dominant flora: Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey Survey date and time period: Survey conducted using SCUBA methods employed, date of >75% area including bottom work, and survey density DATE: May 16, 2014 surveyed. (estimated percentage of the TIME :1400 PM bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: > 1' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: See Table 3 & Figure 2 Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached Refer to the above report. materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRE DREDGING Page 10 of 10 May 15, 2014 ATLAS Engineering 837 West 17� Street Costa Mesa, CA 92627 Our Project 14.023.00 Attention: Ms. lifidsey Bangbart SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from 92 I.inda Isle, Newport Beach, California. Dear Ms. Banghart: Presented herewith are the results of our phi grain size analyses performed on the soil samples provided to as by Atlas Engineering. The sample is from the dredge area. The test procedures were in accordance with ASTM D 422-63 (2007) and U.S. Army Corps of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Principal Geotechnical Engineer Y David E. Lee, PE Staff Engineer Attachments: Plate 1 Grain Size Summary Plate 2 Cumulative Crain Size Distribution PHI Units Distribution: Addressee (2) SieveOpening Pard6Ma�he|u|aDi�me�er U.S.U�S�Standerd 8 2 -1.00 in Phi Units Sieve Size Retained by Peroent Retained 14 01 1 ei h� Weight v-____________ 18 38.1 -525 1-1/2" 0 8.0 10 -4.25 3/4" O 0.8 Gravel 9.5 '3,25 3/8" O 0.8 475 -2.25 4 8 0.0 2.83 -1.50 7 8 2 -1.00 10 0 1.41 -0.50 14 01 1 0.88 18 01 071 0.50 25 0.1 Sand 0.5 0.35 O.25 0.177 0.125 NOR 1.50 2.00 2.50 35 45 80 @O 0.2 0.4 0.5 1 2,4 0.8 01 0.1 8.2 0.3 04 RM 1.3 2.3 47 0.088 &58 170 3.8 8.5 0.075 3.75 200 2.2 107 0.003 4.00 230 3.0 14J6 Silt -Clay <0.063 <4.00 <230 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by ATLAS ENGINEERING COMPANY. The sample consists of a Silt C| ):very dark gray todark olive gray (5Y3/1'2);saturated; trace offine sand; shell fragments. The sample was obtained from the Dredge Area, 92 Linda Isle, Newport Beach, � | � J, DAVID H. LEE &ASSOCIATES PHI GRAIN SIZE SUMMARY GUNA HILLS, CA 92653 �-461-5690elephone: 949 ax: 949-461-7901 CLIENT: ATLAS ENGINEERING COMPANY DATE: PLATE May, 2014 �\ f N ¢z° r19 U< p '� U'1 Ln Ora ¢uu�l-a o wwHQ0 ❑ aQza� cnLLI Irj Q L � 'rE T i ru C SWI i _ nom,, Oil : F $I �\ f N ¢z° r19 U< p '� U'1 Ln Ora ¢uu�l-a o wwHQ0 ❑ aQza� cnLLI < < u'c �a T � ru r SWI i _ nom,, �\ f N ¢z° r19 U< p '� za Ln Ora ¢uu�l-a o wwHQ0 ❑ aQza� zzONW < < u'c �a �\ f N r19 m® Ln Ora o ❑ CE q Ora T � ru r SWI i _ rm Lrl 94 fA Ln ru "1 rm X20 -® U W qI ❑ � o zzoaW c � -M ¢ z DOCK & PIER BUILDERS, INC.. 2027 PLACENTIA AVENUE COSTA (MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: Jacguelyn.chunq@__sbcglobal.net www.swiftslipdocks.com 21 February 2013 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remo1 existing floating dock system and a 14 x 5 section of existing cantilever deck for a total of 707 sq. 1 coverage. Replace with 624 sq. ft. proposed floating dock system. Relocate 1 existing 14" square co pile. Re -use 2 existing 14" concrete guide pile in same location. Re -use and re -deck existing 20 x 3 c It is our intention to comply with all Regional Water Quality Control Board requirements. We will n vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: 2. Project Address: 3. Applicant Phone: 4. Parcel Number: 5. Scope of Work: 6. Latitude/Longitude: 7. Applicable Fees: 8. Statement: 9. Statement: 637 sq ft. overwater -rete guide discharge Andy Crean 92 Linda Isle Newport Beach, California 92660 949.631.3121 050 451 16 Remove 637 sq ft. existing floating dock system and a 14 x 5 section of existing cantilever deck for a total of 707 sq. ft. overwater coverage. Replace with 624 sq. ft. proposed floating dock system. Relocate 1 existing 14" square concrete guide pile. Re -use 2 existing �14" sq. concrete guide pile in same location. Re -use and re -deck existing 20 x 3 gangway. N33.6301328, W-117.8721676 Enclosed is a check for the application fee. This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly & PIER BUILDERS, INC. Jacq HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 28, 2013 Property Address: 92 Linda Isle With reference to the plans currently under consideration at the above referer reconfigure or modify the dock system or bulkhead, the following conditions effect: address to now be in 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 thesdocksystem 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 o. 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 'f construction equipment or material provided a permit is issued pursuant to Chapter 12.62 offs 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 P Land Use Plan. Page 1 of 2 - Coastal 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 w eWay except between the hours of seven a.m. and six thirty p.r.n., nor on any Saturday except between the hours of eight a.m.' and six p.m. B. Sundays and Holidays. No person shall,. whale 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. j 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side-tie to the westernmost side of the float is 9'. 11. The maximum beam of a vessel that is permitted to side-tie to the easternmoQ side of the float is 18'. 10 Lisa 1Nalters, Harbor Resources Date tail/ c� Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date I I j j j j I Page 2 of 2 I i V Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 900532325 Mr. Andy Crean 92 Linda Isle Newport Beach, California 92660 Dear Mr. Crean: September 24, 2013 Reference is made to your request dated April 12, 2013 (File No. SPL -2013 -00287 -BEM). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1.899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below at 92 Linda Isle, Newport Beach, Orange County, California, as shown on the enclosed drawings (Attachment A). Specifically, you are authorized to perform the following work: 1. Reconfiguration of a 743 square foot docking facility which will include removal of an existing 533 square foot floating dock system and a 5 foot by 14 foot portion of an existing 5 foot by 30 foot concrete cantilevered dock. The reconfigured dock will be 712 square feet total and will include a 572 square foot floating dock portion, a 5 foot by 16 foot remaining portion of the existing cantilevered marginal dock and the existing 3 foot by 20 foot gangway. 2. Two (2) existing concrete guide piles will remain in the same location and one guide pile will be relocated. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. A signed copy of this Letter of Permission must be returned to the Corps of Engineers. In addition, please use the two attached forms to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process, which is fully described in 33 CFR Part 331 (see attached). Thank you for participating in our regulatory program. If you have any questions, please contact Ms. Brianne McGuffie of my staff at 213-452-3419 or via e-mail at Brianne.E.MCGuffie cgusace.aEmy.mi:l. As a courtesy, a copy of this letter is being provided to Ms. Jacqueline Chung, Swift Slip Dock and. Pier Builders, Inc. REPLY TO "- ------ ' / ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 900532325 Mr. Andy Crean 92 Linda Isle Newport Beach, California 92660 Dear Mr. Crean: September 24, 2013 Reference is made to your request dated April 12, 2013 (File No. SPL -2013 -00287 -BEM). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1.899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below at 92 Linda Isle, Newport Beach, Orange County, California, as shown on the enclosed drawings (Attachment A). Specifically, you are authorized to perform the following work: 1. Reconfiguration of a 743 square foot docking facility which will include removal of an existing 533 square foot floating dock system and a 5 foot by 14 foot portion of an existing 5 foot by 30 foot concrete cantilevered dock. The reconfigured dock will be 712 square feet total and will include a 572 square foot floating dock portion, a 5 foot by 16 foot remaining portion of the existing cantilevered marginal dock and the existing 3 foot by 20 foot gangway. 2. Two (2) existing concrete guide piles will remain in the same location and one guide pile will be relocated. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. A signed copy of this Letter of Permission must be returned to the Corps of Engineers. In addition, please use the two attached forms to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process, which is fully described in 33 CFR Part 331 (see attached). Thank you for participating in our regulatory program. If you have any questions, please contact Ms. Brianne McGuffie of my staff at 213-452-3419 or via e-mail at Brianne.E.MCGuffie cgusace.aEmy.mi:l. As a courtesy, a copy of this letter is being provided to Ms. Jacqueline Chung, Swift Slip Dock and. Pier Builders, Inc. 135 -92 - STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 �•. Long Beach, CA 90802-4302 (562)590-5071 Date: September 26, 2013 Permit No. 5-13-100 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 23, 2013 and was reported to the Commission on September 11, 2013 ,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. CHARLES LESTER Executive Director B Arla-:_•_-• Y• Title: Coastal Program Analyst STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUNI) G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 W5b a (562) 590-5071 Staff: J. Rabin -LB Date: August 22, 2013 ADMINISTRATIVE PERMIT Application No.: 5-13-100 Applicant: Andy Crean Agent: Swift Slip Dock & Pier Builders, Inc. Location: 92 Linda Isle, Newport Beach (Orange County) Project Description: Remove 533 sq. ft. U -shape floating dock, 30' x 5' cantilevered deck, 20' x 3' gangway, and three 14" square concrete piles. Replace with 572 sq. ft. U -shape floating dock, 16' x 5' cantilevered deck, 20' x 3' gangway, move one 14 -inch square concrete pile and reuse two 14 -inch square concrete piles. Total water coverage of the existing.dock, gangway and deck is 743 sq. ft. and the proposed project is 712 sq. ft., a decrease of 31 sq. ft. 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: Wednesday, September 11, 2013 — 8:30 a.m. Eureka Public Marina Wharfinger Building #1 Marina Way Eureka, CA 95501 1 5-13-100 (Crean) Administrative Permit IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Analyst STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the .Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 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. 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 six through ten. 2 5-13-100 (Crean) Administrative Permit EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest .public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION The subject site is located at 92 Linda Isle in the City of Newport Beach, (Exhibit #1) Large single- family residences with private docks characterize the subject site and the surrounding area (Exhibit #2). The project involves removal of the existing 533 square foot "U" -shaped floating dock, a 30' x 5' cantilevered deck, a20' x 3' gangway, an 8' x 4' gangway landing, relocating one 14" square concrete pile and reusing two 14" square. concrete piles. Total water coverage is currently 74.3 square feet (Exhibit #3). The existing dock would be replaced with a new 572 square foot "U" -shaped floating dock, a 16' x 5' cantilevered deck, a 20' x 3' gangway, an 8' x 4' gangway landing, and reuse of three 14" square. concrete piles. Total water coverage would be 712 square feet, a decrease of 31 square feet (Exhibit #4). The proposed "U" -shaped dock would be longer and narrower than the existing "U" -shaped dock that it replaces. The eastern finger of the proposed dock would be 54' long and 4' wide. The western finger of the dock would be 49' long and 4' wide. The inner boat slip would be a maximum of 13' wide and 41' long. The headwalk would be 13' long and 8' wide. The dock project will be used for boating related purposes to serve a single-family residential development. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey was conducted on March 5, 2013. No eelgrass was discovered within the project area. 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 on the agenda for the September 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa taxifolia survey was done on March 5, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the September 2013 Coastal 5-13-100 (Crean) Administrative Permit Commission meeting. The Caulerpa taxifolia survey is not valid since 9.0 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions and 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 3 also identifies the procedures necessary to be completed prior to beginning any construction. Local Government and Other Approvals The proposed project has received Harbor Permit Number 133-92 and Plan Check Number 0554- 2013 from the City of Newport Beach Harbor Resources Division. The applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board (RWQCB). The agent also applied to the U.S. Army Corps of Engineers for a permit, but has not received a Provisional Letter of Permission (Provisional LOP) for the dock replacement project as of this date.' As part of its Harbor Permit for the project, the City of Newport Beach has imposed Special Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side." The City also included Special Condition 9, which says: "Vessels may not extend beyond the end of the fingers by more than the width of its beam, except as otherwise noted in the Municipal Code." The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 9'. The City's Special Condition 11 says that the maximum beam that is permitted to side -tie to the easternmost side of the float is 18'. R_ PiTmjc. ACCESS The subject site is located in the gated community of Linda Isle in the City of Newport Beach. Public access through this locked gate community does not currently exist in the immediate vicinity of the project site. The nearest 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, and in some areas along the beaches in front of the bulkheads. The proposed development consists of removal and replacement of a floating dock system adjacent to an existing developed residential lot and will not affect the existing public access conditions. It is the locked gate community, not this home or floating dock that impedes public access to and from Linda Isle. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Based on the information available to the Commission at this time, it appears that the property on which the proposed cantilevered deck and dock is to be built is not subject to the public trust because the mean high tide line (MHTL) was adjudicated in this area in case no. 20436 in Orange County Superior Court in 1926 (Orange County v. The Irvine Company). The court_ identified the MHTL in this area as well westward of the subject property. Further, the subject property is part of a subdivision tract that dredged an embayment eastward from the MHTL established in case no. 20436. This dredging changed portions of the property from upland swamp and overflow property to property subject to tidal flow. Thus, the channel is now navigational and is subject to the navigational easement pursuant to Public Resources Code section 7552.5, which, in general, precludes the owner from interfering with the public's right to navigate the embayment. Since the proposed dock will be landward of the designated pierhead line in the embayment, the proposed dock is not expected to interfere with the public's ability to navigate the embayment of Linda Isle 4 5=13-100 (Crean) Administrative Permit because pierhead lines are established to ensure that docks and piers do not interfere with navigation. Therefore, the proposed development will not interfere with the existing navigational easement over the embayment. 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. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. C. 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. The City of Newport Beach has imposed Special Condition 4 on their Harbor Permit for this project. "Only marine oriented uses are allowed on the pier, pier platform; gangway and float. Patio furniture, plants etc ... are not permitted." Compliance with this City -imposed condition will - contribute toward the project's consistency with Section 30233 of the Coastal Act. D. 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 Condition I 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. E. 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. 5 5-13-100 (Crean) Administrative Permit F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL, CONDITIONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project_ (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. In 5-13-100 (Crean) Administrative Permit (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. (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 as possible from the receiving waters and storm drain inlets. (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 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 7 5-13-100 (Crean) Administrative Permit 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 absorbents must therefore be disposed in accordance with hazardous waste disposal reg ilat;nnc Thi- knnf rc will rP „1 arl. inspect d + ' p pl .. g.. lnopec� aiiu iiaaiii�aiii 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 be 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 Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive 5-13-100 (Crean) Administrative Permit 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 Wildlife. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit_ is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, 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 and Wildlife N 5-13-100 (Crean) Administrative Permit (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: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including ail conditions. Applicant's Signature Date of Signing 10 A J I. 3 / MIN 77. T eCfi0 it oQ ���' 1 ii pit IZO Act co urt ; c All MO A 3 � WTT Vian�$ z G/d �rf� t�� eC� F !� r' Rndrevrs Fid c Rom,a: fD al ONO 0 ICU o`� - e !a pi1atoFtd �� er Snug Harljrr Rd : PH"leu&S - � O nw r. n W, 611 �• ���'+ � �� _ �� f �r �.� a cif-: � at i If - a n; t E1°y Ron WOM Nm BOOM? - 1 I ■ 1 X F W ERMA CL. Cr m ' n ".w >:�n_ Sa. w aw 2027 Placentia Avenue,' Costa Mesa, California 92627 5-13-100 Exhibit 3 N 5-13-100 Exhibit 4 2027 Plac.dntia Avenue,' Costa Mesa, California 9262 . 7 m- (949-).631-3121 - Fax (944) 5-13-100 Exhibit 3 2.027 Pl-acentiaAvenue-$ Costa Mesa A , California 92627 (_94:9) 631-3121 - Pax (949) 631-3122 YaA ,CA California Coastal Commission South Coast District Office p,pPROVED ...5 perinitNn______t, - 5-13-10.0Exhibit 4 CITY OF NEWPOR CITY OF NEWPORT BERCH ARCIFIC OC WEU JEM VICINITY MRP EFSr Norm g+v. = JEM SWCU40 ARE. €XPRESSM IN FEET FWD DENOTE ELEVRTIONS MEEM Qht (SEAN LOWER LOW WRTER. 'HARBOR RESOURCES DIV; TY OF NEWPORT BEACH '►Ir1GEUd1y HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required. for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing floating dock and cantilever. Relocate 1 existing 14" concrete pile. Reuse 2 existing 14" concrete pile. Reuse and re -deck 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: 92 Linda. Isle Legal Description: Harbor Permit Number: 133-92 Plan Check Number: 0554-2013 Applicant: Andy Crean Applicant's Mailing Address: 92 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 pian, 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 March 28, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing floating dock and cantilever. Relocate 1 existing 14" concrete pile.. Reuse 2 existing 14" concrete pile. Reuse and re -deck 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: 92 Linda Isle Legal Description: Harbor Permit Number: 133-92 Plan Check Number: 0554-2013 Applicant: Andy Crean Applicant's Mailing Address: 92 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 prfinf Form Worksheet for Building Combo Permit�j ���"°> F comm'I F_Residential City of Newport Beach - Building Division 91casouRc NOTE: PLAN CHECK FEE DUE AT TIME OF SUB F -Building F Grading (`"Drainage r- Elec F Mech 1, Plum Cu Yd Cut cu Yd Fin j Project Address (Not mailing address) A2 LINDA- 14bg Description .of Work Remove 637 square foot existing floating dock system and a 14 x 5 section of existing cantilever deck for — Use a total of 707 square foot overwater coverage. Replace with 624 square foot proposed floating dock - system. Relocate 1 existing 14`' square concrete guide pile. Reuse 2 existing 14" square concrete guide # Stories # Units (if Res)F_ pile in same location. Reuse and re -deck existing 20 x 3 gangway. New/Add SF� �C Remodel SF Garage/New/Add r Valuation a Material/Labor OWNER'S NAME Last � First Owner's AddressczETI /� Owner's E-mail Address Al (� Jacquelyn.chung@sbcglobal.net City Newport Beach Stare ,Cr alifornia� dip l "! Telephone 1949.631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address 2027 Placentia Avenue Applicant's E-mail Address Pacquelyn.chung@sbcglobal.net City Costa Mesa _- State (California Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last I First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City State f Zip----- Telephone(— -- ENGINEER'S NAME Last Bazley First iTim Lic. No. F56019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 !Jacquelyn.chung@sbcglobal.net City San Pedro State (California Zip 90731 Telephone '1949.631.3121 CONTRA , R'S ttAME/COI 'ANY Swift Slip DockandPier Builders Lic. No. 17970ry--52 Y` Class JA Contractor's A*ess Contractor's E-mail Address 2027 Placentia Aver' IJacquelyn.chung@sbcglobal.net City Costa Mem State ;California Zip 192627 Telephone F949.631.3121 ENERGY P/C 'FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT #�? TOTAL FEES PAID $ 9 CITY OF NEWPOR cl" w Imm" mm my PRCIFIC O - CERN VICINITY MRP rerw W, al v wm+ �r JETTY SWCM -EIRE. EXHOMED IN FEES RM DEVOTE EI.EW:iION5 FIRM ON MEW LOWER LOW WR I HARBOR RESOURCES DIS -- CITY OF NEWPORT BEACH q do�syste --,\oat�-A.14er dec e- F *OR loot exrst�r Xist�ng ca oaten c°J Gk yste� I.CO lave of e t oIqe do AGO ore 631 sa 4 x5 se �Osauare foo osed boat\ a Oe a \oca�rOr \ vlevo v\d a 1 ' -10'1 t Prop a turd sage a r a total ° lave f°o a cor`cret ode P`\eir {o qtr 624 sa s4oar ccete gu `� A %eP\ace `N 1 eX�st\vx sa°are c° x3 gay t�ex0cate rst�ng1r� t�Rg2O Reuse 2 e d re"deck eXrs { vse Re A EES., GR m�� S MSPECT ON O.Eelgrass withi s -1.5' of project ® Eelgress within 1.5 - O' of projed N® elgrass in p¢ ,keot area Signature N2Vu lily-pecuon tante -nme 1 FMIa r's WE U'Y / JOB ME � •7.2013 2027 Placentia Avenue, Costa Mesa, California 92627 A (949) 631-3121 • Fax (949) 631-3122 X, qZ UvA 0116 4-v Jan 07 13 11:34a Andy & Linda Crean 949-261-8961 p.1 AUTHORIZATION ;OF AGENT I (We),Afldxj)(/I 0 ,hereby designate and authorize Peter S\Aft and his representative Jacquelyn Chung, to act on my behalf as my agent in the processing of this permit application and to furnish, upon requesting, supplemental information in support of application. Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 7 January 2013 Re: Andy Crean 92 Linda Isle Newport Beach, California 92660 Remove 637 square foot existing floating dock system and a 14 x 5 section of existing cantilever deck for a total of 707 quare foot overwater coverage. Replace with 624 square foot proposed floating dock system. Relocate I existing 14" square concrete guide pile. Reuse 2 existing 14" square concrete guide pile in same location. Reuse and re -deck existing 20 x 3 gangway. Document #1 — Parcel Map Document #2 — Parcel Map Document #3 — Aerial Photograph Document #4 — Aerial of Project Site Document #5 - Document #6 — Drawing of Existing Dock System Drawing of Proposed Dock System Floating Dock Superfloat flotation pontoons 4 x 8 training with 5 x 7 angle clips and '/2" bolting throughout 2 1/2 " diameter steel torsion tubes built into each finger for long term stability 2 x 6 diagonals installed for sheer 2 x 12 facia with white rub strip and corners 16 -14" through bolted cleats 2 x 12 Azek "clay" PVC decking attached with stainless steel screws Gangway Reuse existing gangway Remove and replace decking to match dock. Cantilever Deck Remove 14 x 5 section of existing 30 x 5 cantilever deck I 1 �n < via G F-, 7 fj �JJ :k ooy < to pM iaa At s - N M �— w w �' amu fua i W tl �i�i I m I rn ao I ir 4` =r. I � � .s �s✓ar,J ,r:oe' '. 3a. Vin, _ ",. r. 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No Caulerpa-Taxifolia was observed in subject area noted above. This is a Pre Construction Survey as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 PRE CONSTRUCTION Page 1 of 10 WOR h;S r DIVE WORKS (943) 759-0773 „a 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 5, 2013 Resident — Andy Crean 92 LINDA ISLE Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre Construction Report Prepared March 5, 2013 by n;.,- IAI-4— Robert Wiegand Survey assistance by Sean Donovan PRE CONSTRUCTION Page 2 of 10 - T' Y"Y041 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form Eelgrass Survey Form 92 Linda Isle Newport Beach, CA Pre Construction Survey March 5, 2013 CONTENTS List of Tables Tablet. Tides and Currents for Newport Beach, CA March 5, 2013 4 4 4 4 7 9 .....................................................................................................................5 List of Figures Figure 1. Location of 92 Linda Isle, Newport Beach ............................:..............................................................................5 Figure 2. Dive Transects ..........................................................::.........................................................5 Figure 3. Existing Dock .....................................................................................................................6 Figure 4. Proposed Dock .....................................................................................................................6 Current Situation — Pre Construction Customer (Andy Crean) at'92 Linda Isle, Newport Beach, CA is proposing to existing dock of 707' sq ft with a new proposed dock of 624' ft sq. See Figures 3, 4. PRE CONSTRUCTION Page 3 of 10 �. -W DIVE WORKS (949) 759--0773 429-0 Shoreline.Village Drive bong Beach, CA 90802 92 Linda Isle Newport Beach, CA Pre Construction Survey March 5, 2013 Construction has not started. This is a Pre Construction Survey addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted March 5, 2013 beginning at 0845 hr approximately N Lat 33.615121 ° W Long -117.903665°. Day was sunny with air temperature 59° F. Water temperature was 60° F. Depth ranged from 3' at sea wall to 8' at end of. dock. Visibility was 10' foot. See Table 1 - Survey area delineated spanning 50 ft parallel to sea wall and 65 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with 2 divers spaced 3 ft apart with transects parallel to sea wall. Lane width was approximately 5 ft wide scanning approximately 10 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form). Fauna: Observation included mussels on sea wall, Narvanax, Round Sting Rays, Brown Algae. Remainder of survey area was sand and dirt (sediment). Discussion Eelgrass (Zostera marina) was not observed and reported on attached Eelgrass Survey Reporting Form. Resident is proposing to replace existing dock with a new dock that has different dimensions and overall square footage is 83' sq ft less than existing dock. See Figures 3, 4. Impact to,navigational waters would not change regarding passage of other boats around or past this dock. During construction work as planned will have no adverse. Best Management Practices (BMP) is stressed within proposed project in order to promote continued healthy life cycles of marine habitats and maintain clear navigational channels for boaters. Table 1: Tides and Currents for Newport Beach, March 5, 2013 PRE CONSTRUCTION Page 4 of 10 DIVE WORKS 4,29-0 Shoreline Village Drive Long Beach, CA 90802 92 Linda Isle Newport Beach, CA Pre Construction Survey March 5, 2013 NFWPOR I BAY IN I RAWA, CORONA DI I MAR, CA Stotionld; 10 10580 1 W fin 3.011 2.00 0.00 -1.00 Oi/M 0:1/05 7)3/09 03!01• 03/06 nzwov 00if; 03/137 6— 120n Sp. 12- 6- 1ppn Up12- DaWTI— (tSTA.Df) Figure 2. Dive Transects; Figure 3. Existing Dock PRE CONSTRUCTION Page 5 of 10 ot? ff DIVE WORKS (949) 759-077 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 5, 2013 A .1� a; , g W Figure 4. Proposed Dock j 5 Caulerpa Survey Reporting Form PRE CONSTRUCTION Page 6 of 10 wc) DIVE WORKS (949) 759-0773 429-0 Shoreline'Village Drive Long Beach, CA 90802 92 Linda Isle Newport Beach, CA Pre Construction Survey March 5, 2013 This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on'the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paanokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information .regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 92 Linda Isle. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 615121° Lat (L1TM, Lat./Long., datum, accuracy level, attach W -117.903665° Long electronic survey area map if possible) Was Caulerpa Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) Caulerpa Survey Reporting Form (Cont.) PRE CONSTRUCTION Page 7 of 10 jr DIVE WORKS (949) 759-077:3 429-0 Shoreline Village Drive Long Beach, CA 90802 92 Linda Isle Newport Beach, CA Pre Construction Survey March 5, 2013 Description of Site: (describe the Depth range: 3' — 8' Bottom is sediment, Sand and Dirt. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 590 Air 600 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates, Narvanax Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including_ bottom conducted including type of survey DATE : March 5, 2013 surveyed. (SCUBA, remote video, etc.) and TIME :0845 AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 10' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRE CONSTRUCTION Page 8 of 10 DIVE WORKS (949) 759-077 92 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Dock Improvement March 5, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau -and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 92 Linda Isle. Newport Beach, CA Survey Contact: Robert Wiegand (949)759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 615121 ° Lat (UTM, Lat./Long., datum, accuracy level, attach electronic W -117.903665° Long survey area map if possible) Was Eelgrass Detected: Description of Permitted Work:. (describe briefly the work to be conducted at.the site under the permits identified above) PRE CONSTRUCTION . Page 9 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 92 Linda Isle Newport Beach, CA Dock Improvement March 5, 2013 Eelgrass Survey Reporting Form (Cont.). Description of Site: (describe the Depth range: 3'— 8' Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 590 Air 600 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates, Narvanax Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys j >75% area including bottom conducted including type of survey DATE: March 5, 2013 surveyed. (SCUBA, remote video, etc.) and TIME :0845 AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 10, Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) PRE CONSTRUCTION Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 28, 2013 Property Address: 92 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 except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 9'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 18' Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Dec.31. 2012 1:18PM Mariners Escrow HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: December 20, 2012 Permit Number ** Property Address: 92 Linda isle, Newport Beach, CA 92660 ** Buyer's Names: Andrew Crean and Linda Gale Crean Billing Address: .2- Telephone No.: �9' 911 No, 9710 P. 2 15:3 -9 a *" Buyer's Signatures: /'�� ��-✓r 0 -� _'r�� 4 - &e,� ** Seller's Names: ** Seller's Signatures: Joint Owner Signature' CSP Properties, ]Inc., a 'texas Corporation ** (Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 Escrow Number: 44276 -BF ** Fax Number 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date {Estimated): Derembex 31, 2012 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date:Reinspection Date: Fee Paid: (�, Check No.: fJL�l$� i Application Completed' Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code Dec.31. 2012 1:18PM Mariners Escrow HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** pate of Application: December 20, 2012 Permit Number; ** Property Address: 92 Linda isle, Newport Beach, CA, 92660 Buyer's Names, Billing Address.- Telephone ddress:Telephone No.: "* Buyer's Signatures: Andrew Crean and Linda Cale Crean ** Seller's Names: CSP ** Seller's Signatures: Joint Owner Signature: a Texas ** Escrow Company: Mariners Escrow Corporation No. 9710 P. 1 '= Address: 1100 Newport Center Drive_, S_ uite 200, Newport Reach, CA. 92660 "* Escrow Number: 44276 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft phone Number. 949-640-6040 Closing Date (Estimated): December 31, 2012 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date:a- 7 I Reinspection Date: _ Fee Paid:% Check No.: Application Completed: Harbor Resbu&es Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code January 31, 2013 Mariners Escrow Fax# 949.721.8157 Re: Pier Permit #133-92 92 Linda Isle Escrow # 44276 -BF Dear Mariners Escrow, CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 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 billing of the pier permit fee will transfer when the buyer transfers the Municipal Services (water) in to their name. Thank you for your help. For further assistance in this matter, please contact this office at 949.644.3044. Sincerely, Ard Ma&V Lisa Walters Harbor Resources December 27, 2012 Mariners Escrow Fax# 949.721.8157 Re: Pier Permit #133-92 92 Linda Isle Escrow # 44276 -BF Dear Mariners Escrow, CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 The above dock was inspected by 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 new testable Backflow Prevention Device installed (please see diagram). The Newport Beach City Municipal Code 17.60.030 states: CA. Prior to the transfer of an annual pier permit, 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 the transfer of the permit. A fee will be charged for this inspection, established by Resolution of the City Council. Please call 949-644-3044 to request a reinspection. Once the property has passed reinspection and we have the signed application, the pier will be transferred. Sincerely, Rba 2Wa&w Lisa Walters Harbor Resources Division Date: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department 10 10LI I I :;�, o81� Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes Need None Needed Need 1,-, Ito, Date Time FJ Eelgrass Within 15' of Project F] Eelgrass Within 15'- 30' of Project F] No. Eelgrass in Project Area 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 ap Output Page 1 of 1 http://www6. city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceNamc=n... 11/02/2006 x Harbor Resources Department Date: Il Inspection Requested By: Inspector: Don Duff Pier Address: (� 2 L r—' , . E c Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present '�. Other Comments 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 1 of 1 http://www6. city.newport-beach.ca.us/servleticom. esri.esiimap.Esrimap?ServiceName=n... 11/02/2006 C' IT Y 0 NEWPORT 8 EH Ckll F CITY OF LHUR "Ilk az7, Q 0 cE ", I Ri RECEI V, south coast NOV 1� 7 2006 CALIFOUr';. 'ci INITY HRP , COASTAI, "EM PRQF I LE 31o, SM I NGS Rw DU'WSSr-D IN FEET F& LE NATIONS Pncv*n mi LN '00 v F Wo i'ic) E-ELGAASSWITHN I&�L'," GRASSIN T��PROJEMFA e'v t�5-J 04 SIG G HARBOR RESOURCH nibr CITY OF NEWPORT BEACH /v e, w FLAN V I eN STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT ep; PO Box 1450 ,r.. 200 Oceangate, 10th Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov Date: January 17, 2007 John Firestone Permit No. 5-06-446 92 Linda Isle Newport Beach, CA 92660 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on December 22, 2006 and was reported to the Commission on- Wednesday, January 10, 2007 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office Sincerely, PETER M. DOUGLAS Executive Director 1 By: MEG VAU HN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Attn: Peter Swift dW CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-06-446 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: December 20, 2006 (562) 590-5071�� Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: CSP Properties by John Firestone PROJECT DESCRIPTION: Remove existing boat dock and replace with new single finger, 10 foot by 52 foot float with four 14 inch diameter concrete piles. The existing gangway will be re -used. PROJECT LOCATION: 92 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: Hyatt Regency Long Beach 200 S. Pine Avenue Long Beach, CA 90802 Wednesday, January 10, 2007 10 a.m. IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. I1 , PETER D ON ACTION ON By: Meg Vauqhn Executive i c or Title: Coastal Program Analyst Approved as Recommended Denied as Recommended Approved with Changes Denied 5-06-446 CSP Properties Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the 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 term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The applicant proposes to remove an existing boat dock and replace it with a new single finger, 10 foot by 52 foot float with four, 14 inch diameter concrete piles. The existing gangway is proposed to be re -used. The dock is proposed to be constructed of Douglas fir and "Trex" composite decking and conforms with the U.S. Pierhead line. The subject site is located at 92 Linda Isle in Newport Beach, Orange County. The site fronts on Newport Harbor. The majority of harbor front, residential development in Newport Harbor is surrounded by private recreational boat docks. The proposed dock project is similar in function to other docks associated with residential development in the immediate vicinity. The boat dock will be used solely for boating recreation purposes. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of 5-06-446 CSP Properties Administrative Permit Page 3 of 6 the project area. In addition, Special Condition 4 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective; time periods, subsequent surveys will be required. Special Conditions 3 and 4 identify the procedures necessary to be completed prior to beginning construction in case the surveys expire prior to commencement of construction. in addition, Special Conditions 3 and 4 identify post -construction eelgrass and Caulerpa taxifolia procedures. The nearest public access is located approximately'/ mile west of the subject site at the public beach along the Balboa Peninsula. The proposed project has received approval in concept from the City of Newport Beach (Harbor Permit No. 133-92). The applicant has applied for approval of the proposed project from the U.S. Army Corps of Engineers and the California Regional Water Quality Control Board (RWQCB), B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to 'Sections 302.2.4 and 30233 of the Coastal Acta 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 comprehensively updated in October 2005. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives'or additional feasible mitigation` measures available that would substantially lessen any significant adverse effect that the activity :may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to 5-06-446 CSP Properties Administrative Permit Page 4 of 6 mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Construction Responsibilities and Debris Removal (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (e) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be remove_ d as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. 2. BEST MANAGEMENT PRACTICES PROGRAM By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (a) Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint 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. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite; chlorinated solvents, petroleum distillates or lye. (b) Solid and Liquid Waste Management Measures: 1. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleum Control Management Measures: 5-06-446 CSP Properties Administrative Permit Page 5 of 6 1. 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 material shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect -and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. 2. 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. 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 3. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision .8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the 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 pro1ect 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 anew coastal development permit unless the Executive Director determines that no amendment or new permit is required: 5-06-446 CSP Properties Administrative Permit Page 6 of 6 4. 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 applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: for the review and approval of the Executive Director; and ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043) or their successors. D. If Caulerpa taxifolia is found within the projector buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have 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 applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature 5-06-446 CSP Prop btdk noEGpls Admin 1.07 my Date of Signing .-IN N QLi' e co Ic 9 co tit c f Ft m t 12 >�\� COASTAL COMMISSION EXHIBIT # PAGEOF--L-, /plj1 fir.,, - _ - _ _ G HARBOR RESOURCES DIV. CITY OF NFVVPORT BEACH. EXHIBIT; L� CITY OF AL� �x PROF I LE 101 F NFEET L GRASS WITH L GRATOEPI]OJECT�,,-.. 'LrL SIGNATURE G HARBOR RESOURCES DIV. CITY OF NFVVPORT BEACH. EXHIBIT; 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 existing dock. Install new 52'X 10' float with 4-14" pile. Re -use existing 3'X 24' gangway. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Propert Address: 92 Linda Isle, Newport Beach, CA 92660 Legal Description: Harbor Permit Number: 133-92 Plan Check Number: 2514-2006 Applicant: John Firestone Applicant's Mailing Address: 92 Linda Isle, Newport Beach, CA 92660 Phone Number: 949 631-3121 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 rdinance, 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: 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 building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature: Li Lisa Walters. Harbor Resources November 8. 2006 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 �uclplc QC YICIM�YMRP C+,CRT �2 eve e) t 5; e1v 5 Me !'3' K Y Gov r �� Gi +� L 1 �' i HAR ov- HAR , bOR RESOURCES DIV. CITY OF NEWPORT BEACH k EFST rem 101 MOF ILE lit = 310, -7 ------------- 46 - AM M—M M" I I isip- a EEL GRASS INSPECTIOPki NO EEL GRASS WITHIN 15" OF 0 EEL RASS!N-,THE PROJECT AREA SIGNATURE-� 0-3 - I I.. ll PEK: - SIT -# ?- -/ y lfp,-Ie- PLA N v El i� - L W. 417?Op Tnq Annrxcc CQ WORKSHEET FOR BUILDING 1 FIRE PERMIT APPLICATI BOR RESOURCES DI. `' CITY OF NEWPORT BEACH CI LPF l�VI�ORT BE CH r BUILDING DEPARTMENT PI FORF PRINT nR TYPF �K* I t 6� 1. PROJECT ADDRESS (NOT MAILING AD RESsj C� C OWNER'S E-MAIL ADDRESS FLOOR SUITE NO. LEGAL DESCRIPTION LOT BLOCK PHONE O� TRACT No. UNITS 2. DESCRIPTION OF WORK . (�-2- e 10 --i Lfll% USE OF STORIES ALUATION $, NEW �J ADD ❑ ALTER ❑ DEMO ❑ SQ FT �f' \ (NEW/ADDED/EXTG) Check Annronriate Box for Annlicant ❑ 3, OWNER'S NAME LAST � � � FIRST OWNER'S ADD - S� OWNER'S E-MAIL ADDRESS CITY A STATE ZIP PHONE O� ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 0 5., ENGINEER'S NAME LAST FIRST STATE LIC. NO. J e c - ENGINEER'S ADDRESS 25oO brie lo ZOD ENGINEER'S E-MAIL ADDRESS C t1grono CITY S- STATE IP PHONE NO. q073 i -4-19-3 32 ❑ 6.- CONTRACTOR'S NAME 151A/11' IWO �a` .310 BUSINESS LIC. -4-Z7� STATE LIC. .No7Q7052 Class, CO N RACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS -2-/ z f /ne ) G/ le- . CITY C, A STAT ZIP PHONE NO. 11 Q12-62 7 >�-g OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. .2 , 1 'lipn PLAN CHECK FEE $ OCCUPANCY- GROUP �� PLAN CHECK ENG. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions November 8, 2006 Property Address: 92 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. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 7. Vessels may not extend beyond the end of the float by more than the width of their beam. 8.The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 16'. 9. The maximum width of a vessel permitted to side tie to the easternmost side of the float is 22'. Signature: Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Levin, Shannon From: Parker, Kristy Sent: Monday, January 04, 2010 9:38 AM To: Levin, Shannon , Cc: McDonald, Cristal Subject: FW: Firestone PRAR 12.26.09 re 92 Linda Isle (A09-00404) Follow Up Flag: Follow up Flag Status: Flagged Hi Shannon - Below please find a public records act request for harbor permit records—can you forward us a copy of the responsive document by Friday? Thank you- Kristy S. Par4¢r Paralegal Office of the City Attorney City of Newport Beach CONFIDENTIALITY NOTICE: This email may contain material that is confidential, privileged and/or attorney -work product for the sole use of the addressee. Any review by, reliance or distribution by others or forwarding to others without express permission is strictly prohibited. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication. If you have received this communication in error, immediately notify the sender. Thank you. From: Parker, Kristy Sent: Monday, January 04, 2010 9:35 AM To: Parker, Kristy Subject: Firestone PRAR 12.26.09 re 92 Linda Isle Quest Case Details Customer Information Name JOHN FIRESTONE Phone M 949-566-9884 , AddressE 92 LINDA ISLE = p"if. JOHN FIRESTONE(a-HOTMAIL.COM x� NEWPORT BEACH, CA 92660 Comments/History by LELLIAt�! u1/ASHINGTON (crib)%4/2p10' 7 4p 13 AM fyP Assignment Case assigned to: Kristy Parker Y-9. 8 3 �3 P[+ll yt�/pDefa�ls� Plot Plan for the dock at 92 Linda Isle, "Harbor Permit No. M2003-0089 City of Newport Beach - 3300 Newport Blvd - Newport Beach - California - 92663 5 ts, ►.Ii IMC CITY OF NEWPORT BERCH � y CITY OF 1 ,' NEkPORT 6ERCH WSTLPPER DRYA � fl � ISLM I DY (i PTCI FI C 00-bP� VICINITY MRP ETY \ PROFILE 1" = 40' EFiST r DWS °LIFUWA JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER, Scope of work: Remove exiting u -shaped float and pile & gangway, Install new 51'x 8.25 finger with new 3'x 24' gangway, 3 new 14" pile EEL GRASS INSPECTION NO EEL CRASS WITHIN 95' OF PROJEC � EEL CRASS IN THE PROJECT AREA ea, /� +�acW /f�y Zp[6,,fd5 "�5 fur ye y SIGNATURE'"� lU�// O3 F IN - PERMIT kPERMIT # DATE co, i�' HARBOR RESOURCES ®IQ`s CITY OF NEWPORT EACH <( � G t -11t le, (0//6 lo3 Zo' t'S : LkA y Flcct rlu-t be z' Fro, PLAN VIEW 1® = ' RPPLI CANT'S NAME �D /�/ �( r( e_ , . JOB ADDRESS 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 existing U shaped float, pile and gangway. Install new 51'x 8.25' fin er with new 3'x 24' an wa & 3 new 14" ile. Float must be 2' from the patio deck. Property Address: 92 Linda Isle Legal Description: Harbor Permit Number: 133-92 Plan Check Number: 2751-2003 Applicant: John Firestone Applicant's Mailing Address: 92 Linda Isle, Newport Beach, CA 92660 Phone Number: 949-631-3121 3 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 thereunder, this development: )"Pas 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. Tom Rossmiller, Manager, Harbor Resources Signature: ✓i f rk, Chris Miller, Harbor Resources Supervisor October 16, 2003 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION HARBOR RESOURCES DIV. ° '• ,,� CITY OF NEWPORT BEACH CITY 4F NEWPORT BEACH BUILDING DEPARTMENT PI FAAF PRINT nP TYPF 1. PROJECT ADDRESS ( T MAILING ADDRESS)) L FLOOR SUITE NO. a PHONE NO. 6 _� / -3 / e->-1 ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT CITY STATE ZIP 2. DESC IPTION OF WORK ( n ` `�C t� USE # OF STORIES VALUATION $ NEW IADD ❑ ALTER ❑ DEMO ❑ SQ FT V—\ (NEW/ADDED/EXTG) Check Appropriate Box ❑ 3. OWNER'S NAME � /� LAST FIRST P I� le -Z rl (f- .- `� OWNER'S ADDRESS 1 A+ z OWNER'S E-MAIL ADDRESS CITY STAT ZIP - PHONE NO. 6 _� / -3 / e->-1 ❑ 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 LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS � p0 �� ��� ��� �lv'4 ' 0 ENGINEER'S E-MAIL ADDRESS CI STATE r' ZIP PHONE NO. ❑ 6. CONTRACT 'S KA. �� � BUS NESS LIC. STATE °LIC. No. CONTRACTOR'S DDRESSC CONTRACTOR'S E-MAIL ADDRESS Fc��STATE ZIP PHONE NO. OFFICE USE ONLY PERMIT NO, TYPE OF CONSTRUCTION PLAN CHECK NO. 215:1 - 2 / &} PLAN CHECK FEE $� OCCUPANCY- GROUP "`��� PLAN CHECK ENG. Eelgrass Survey Reportinc, Form Id (Version LO, June 20� 2003) This fo-rn is required to be submitted for a -ay surveys conducted for the eclgrass. Zostera marina, r that arc required to be conducted under federal or state permits and authorizations issu&-d by the U.S. Army Ceps ofEug1neers and t' -AC COast2l Commission. `ire form has been designed to assist in identifying eelggrass while; ensuring that the required information is consistently documented,. Surveys rcquired to be conducted for this specics are subject to modification through publication of revisions to the eelg ass s'srvey policy, It is incumbent upon the, authorized permittee to ensure that survey work is following the latest Protocols. For furthu in- brx-nation on these protocols, please contact: Robert Hoffmaxi, National Marine Fisheries Service, (562) 980-4043, or William Pacnokas, California Deponent of Fia & Game, (858) 467-4218). * Required Information I Description of Survey Survey date Mort: and time (please dcscn�e the suxrcY9 eriOd: � conducted including type of survey (SCUBA, r=aoto! '% - video, ctc,) and .wxyoy SO nxth,3d , employed, date of work, and swcy density (estimated parcentagc of the botTOM actually viewed). Describe any limitations encountered dtn;ng thU sunny c0bris. Iorz<,orctal water: .Survey type * G arra mcthads: 5Ccr'63. 61 Survey * , crsor wel: /,3�9 lt.. �r;�:n,: fi r•(' C c �frx ,r1'It� �a . Ca . E-=r*rvey IEdensity.• + C•/� Survey limitations., T Other ,�aform�ti0n: (uso this space to provide any additional urforraxtiou or refcrcncw to attached i maurinls such as maps, resorts, etc.) Eelgrass Sur✓ey Reporting Porna (Val-, ion 1.01 6/20/03) 3 CITY OF NEWPORT BEACH CITY OF NEWPORT BERCH LPPM IaJND DRY COC 4 Kej,'0V) PACIFIC o � OCT 2 9 2003 RIV CA\ I -I FC)RNf I;� HET \ PROFILE 1 " = 40'OAS4(,A11 COM- 'lISSION YICINlTY MRP EMT WWRT Wf, MUFM A JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON KERN LOWER LOW WATER. Scope of work: Remove exiting u -shaped float and pile & gangway. Install new 51'x 8'.25 finger with new 3'x 24' gangway, 3 new 14" pile EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJEC ® EEL GRASS IN THE PROJECT AREA I� Vie, A ar'W /f ' prmd e-abra5� fur ye y SIGNATURE ' u 16 MO — — PERMIT # DATE HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH G Mrl jeQUI/6(o3 u ME MA z0/ 60` IM Flout (JlllS 4'er it z Fri ®®opo Date: _ 'I -- PLAN PLAN VIEW 1" _ 7-0` APPLICANT'S NRh1E �D /(� Y��s }fln : JOB ADDRESS 9 1 Lr E1 C -TS GLS DATE STATE OF CALIFORNIA --THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Gommor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT .� PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: February 24, 2004 Permit No. 5-03-459 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on January 29, 2004 and was reported to the Commission on Wednesday, February 18, 2004 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. D GLAS xe utive Dir for By: FE'RIES . SY Coastal ram Analyst dt CALIFORNIA COASTAL COMMISSION � hk k cS N�z CL - _ goy oOo \ \\ � eAyglDE ck o vii h I roof I i N • � I m In I I 'ale } h 1 I - •f .uvn Q I o Om S 0 4 w �.isvi • O I I ..f y- - ko I- Itil 1 1 us, . •rr W CI a ti 0 -r.�r---J I y I • � V q C ` V `1 OJ Y I 14 .rs•r.Q ® -. C1 2 al $ c - .Le/ I OI 1 of ; O ♦ I J � � \ w wO� Q / h 7 GN�% o € °N�i j� a v m ,�,• gSSS UUI I^ m � m m -0 .I, 1\ PIE/ \ 7- fMn re zn O - MX 7nB S n 61-sb „aMMISSION EXHIBIT # PAGE_ I OF____I_e J r r r i i =Q 6 f 3 �QQ Q j(/.; uj 0 D �QQQo Z y c 3 w io ' COASTAL COMMISSIONa N 9 r E OU x CI r EXHIBIT # 1 PAGE�OF R v d U •� 1 j n � o c Q R J N •� y O d � a O � .Y R CO W a m C > N O O 01 to c d E e m n U fi x\ J a o a w w a U .- x x o x q m x: O• tl n W R • ■ 1 � O v m� � mLL amr. � m'W � n � e w 0 iz N STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-03-459 200 Oceangate, Suite 1000 Date: January 29, 2004 Long Beach, CA 90802-4302 ry (562) 590-5071 Page 1 of 6 W 3b ADMINISTRATIVE PERMIT APPLICANT: CSP Properties, Attn: John Firestone PROJECT DESCRIPTION: Remove and replace the existing floating dock, gangway and pilings. The new dock will be 8.25'x 51' with a 12'x 12' landing. In addition, there will be a new 3' x 24' gangway and three (3) new 14" concrete piles will be installed. PROJECT LOCATION: 92 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: Wednesday, February 18, 2004 10:00 am Lodge at Torrey Pines 11480 North Torrey Pines Road La Jolla, CA 92307 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Fernie J. Sy Title: Coastal Program Analyst 5 -03 -459 -(CSP) Administrative Permit 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 not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive -Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The subject site is located at 92 Linda Isle in the City of Newport Beach (Exhibits#1-2). Single-family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the following: removing and replacing the existing floating dock (two (2) 5' x 42' fingers with a 5'x 18' backwalk), Tx 24" gangway and three (3) 14" pilings. The new dock will be 8.25'x 51' with a 12'x 12' landing. In addition, there will be -a new Tx 24' gangway and three (3) new 14" concrete piles will be installed. The new dock and gangway will be constructed of Douglas Fir and TREX Composite. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. The site has not been surveyed for Caulerpa taxilfolia, therefore a pre -construction Caulerpa taxilfolia survey must be conducted. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass or 5 -03 -459 -(CSP) Administrative Permit Page 3 of 6 Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal 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 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. 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 Proqram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5 -03 -459 -(CSP) Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) 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. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. 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. 5 -03 -459 -(CSP) Administrative Permit Page 5 of 6 (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them 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. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2 PrP-Cnnctrur_tinn Epinrass Survpv A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosters 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. 5 -03 -459 -(CSP) Administrative Permit Page 6 of 6 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project'), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). 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. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature H:\FSY\Staff Repo rts\Jan04\5-03-459-[CSP]AP(N B) Date of Signing c I TY OF NEWPORT BEHCH '- u CITY OF SI NEWPORT BERCH I h WEST A / � rE1POfZT BRY 1 a1) eaLeoa I9 -m BRY I PRCIFIC OCERAI PI YICINITY MRP �T \ EFsr PROFILE 1' = 40' KMKW Irr, a;.Iro*U JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. Scope of work: Remove exiting u -shaped float and pile & gangway. Install new 51'x 89.25 finger with new 3'x 24' gangway, 3 new 14" pile EEL GRASS INSPECTION NO -EEL GRASS WITHIN 15' OF PROJECT EELGRASS IN THE PROJECT AREA oe./� acEve ! lf} wd �l�jra5� zu ye y SIGNATURE ,d 16 o PERMIT # DATE I COASTAL COMMISSION P EXHIBIT # S PAGE—L—OF HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH f 6 rl.I I l , /6///6 %L W IN I� Floufi rlc"st be z F1 Pu l_iv l< PLAN VIEW 1' = 20' RPPLICRNT'S NAME �D N JOB RDDRESS &�fi-SGL� DATE —/()73 77 n MW -12-2004 09:43 FROM:SWIFTSLIPOOCK.COM C949) 631-3122 TO:7230589 P.5 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053.2325 December 16, 2003 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch John Firestone c/o Swift Slip Dock and Pier Builders Attention: Beth Swift 2027 Placentia Ave Costa Mesa, California 92627 Dear Mr. Firestone: Reference is made to your request of October 24, 2003 (File No. 2004001$4-SJH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are hereby authorized to replace an existing floating boat dock covering 0,13 -acre of open waters of the United States (U.S.) with a floating dock of the same coverage, bayward of 92 Linda Isle, ut Newport Bay, in Newport Beach, Orange County, California, as shown on the enclosed drawing(s). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Pew" Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch Itloz DATE i California Regional Water Quality Control Board .. Santa Ana Region Winston Hickox Internet Address: http://www.swrcb.ca.gov Gray Davis Secretary for 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor Environmental Phone (909) 782-4130 FAX (909) 781-6288 Protection October 27, 2003 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue, Costa Mesa, CA 92627 PROPOSED REPLACEMENT OF BOAT DOCK, JOHN FIRESTONE, 92 LINDA ISLE, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, omeno (Jun) T. Martirez, Jr., E. Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department Tony Meller JIS/blutagl951et California Environmental Protection Agency 01 Recycled Paper I . 1- � . . . , .. !: . � . - . � - . -- , .. - . . , . . - .. �j -� . — I . . I . .. t - . . i . , � - . � - 3 - ..� q 'h . - j13 2 . . ...- .. -..I.I.... ..-..� . � . . .�x. :r . . . ...-I - �. .. . - 1: .. . --... . ...%;�, ... . 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Yl') ,£ t sy 1, - - Sc - :1 ,1 Z -, r w. _�h�4�)y lf,/yl.,,,r .`"y�i^)>s a1 �a4� ri1-il.2 _ r 2 _ l '/ i t +; `i �I c - I.1 ,1 � I Sv'a: I 1 L\� Z S h� 545 h �, 7: %"� ji REC,$ DEC o MARINES° X002 SCRp y, � MARINERS {�}ESCROW CORPORATION City of Newport Beach 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658-8915 Attn: Lorrie Arcese 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Phone (949) 640-6040 Fax (949) 721-8157 Date: February 14, 2003 Escrow No.: 22820 -BF Re: #133-92 Enclosed please find the following: Fully -executed Pier Transfer Application. The fee has been paid in full by our company and the seller. Please complete the transfer. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Marine Escrow Corporation Foxcr Escrow Officer MW �tiW Pp�T °� = CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 6, 2003 Mariners Escrow Corp. 190 Newport Center Dr., Ste. 250 Newport Beach, CA 92660 Re: Escrow #228020 -BF Permit #133-92, 92 Linda Isle, Newport Beach Dear Sirs: The City of Newport Beach has re -inspected the above pier and found it to meet city standards and the pier permit will be transferred when we receive the balance of the fee, $197.50. If you require further assistance in this ma"'el- p Sincerely, �� _ I/Lrrie Arcese, Dept. Asst. Harbor Resources Division 3300 Newport Boulevard, Newport Beach • \\\�\ \\ •� OF NEWPORT •I �1\ \ P.O. BOX • • NEWPORT BEACH, Imo, °'- ` December 30, 2002 Mariners Escrow Corporation 190 Newport Center Drive, Suite 250 Suite 250 Newport Beach, CA 92660 Re: Escrow # 228020 -BF Pier Permit92 for the pier and float at Linda Isle, Newport Beach Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted -pier-permit for 92 Linda Island. The structure was inspected -by the Harbor Resources Staff on December 30, 2002. We cannot transfer the pier permit until the following deficiencies has been corrected and we have been notified of the corrections: 1. The inspector could not find an approved Backflow Prevention Device on the water supply line serving that pier & dock. This device protects the domestic water system from being contaminated by seawater. (See enclosed attachment) Please advise this department when the above deficiencies have been corrected. Call 644-3041 if you require additional information in regards to this matter or to request a re -inspection. Sincerely, Tony Melum Director Enclosure 3300 Newport Boulevard, Newport Beach Permit # DREDGING PERMIT STATUS Comments/Date Action Completed Permit Received Eelgrass Inspection Sent to Agencies From Corps From Coastal Notified OK to Dredge Not Approved Completion Report Comments: JtE W p p 9S POST DREDGING COMPLETION REPORT The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 13 3 - 9 2 Start Date: 2/11/04 Com letion Date: 2/27/04 Total dredged material to Beach: to Sea (LA3): 627 cubic yards Total acreage impacted: Mode of dredging and transportation, and method and frequency of disposal: hydraulic suction pumped into dump barge barge towed to LA3 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: Slur ( Cohesive ) Procedure and location where the disposal barge or scow was washed: barge was dumped clean at LA3 A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: ( Yes) No Post -project surveys of Eelgrass beds potentially affected by the dredging: There was no eelgrass before dredging started The post -dredging report shall be signed by a duly authorized representative of the permittee. The permittee's representative shall make the following certification: I 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 forsubmitting false inormation, including 1 possibility of fine and imprisonment for knowing violations. r-7, f 5-16 Sign ture Vice Presiders �t3T OF `G2,�F4 S1g7E5 Of ��Q`PREPLY TOATTENTION Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 14, 2003 City of Newport Beach Harbor Resources Division Attention: Tom Rossmiller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Rossmiller: This is in reply to your recent applications 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 three sites within Newport Bay (see below). 61,46 1, y : - USACE Base # City Harbor Permit # Site Address Volume (cubic yards) Area (sf, est.) Beach Disposal (cubic yards) Ocean Disposal (cubic yards) 200300477 133-93 93-94 Linda Isle 1000 5700 0 1000 200301129 172-853 853 Via Lido Soud 230 3285 0 230 200301294 133-92 92 Linda Isle 627 2640 0 627 Totals 1857 11625 0 1857 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 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 July 7, 2003 (562) 590-5071 Mr. Tom Rossmiller City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or CC -077-01 for the following sites in the City of Newport Beach: Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99- 282, as amended, is obtained. Ifyou have ny questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200 Sincerely t arl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers t Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year City Harbor Site Address Beach Ocean Cumulative Permit .# Disposal Disposal Total* for Qty Qtyt (cu.yds) 2002 cu. ds . 93-94 Linda Isle 0 1000 pW V 133-92 92 td [s1e , u 0 627 172-853 853 Via Lido Soud 0 230 113-507 507 W. Edqewater Ave 350 0 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99- 282, as amended, is obtained. Ifyou have ny questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200 Sincerely t arl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers t Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year STATE OF CALIFORNIA GRAY DAVIS, Govemor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 June 12, 2003 PAUL ©. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX: (916) 574-1324 File Ref: SD 2003-05-23.1 / G09-02 Mr. Karl Schwing ��1 �i til la IJIa California Coastal Commission 200 Oceangate, 10th Floor _ Long Beach, CA 90802 1 RE: Dredging Project at the 92, 93, and 94 Linda Isle, Newport Beach Dear Mr. Schwing: This is in response to your recent request for a determination by the State Lands Commission (CSLC) whether it asserts a sovereign title interest in the property that the subject project will occupy and whether it asserts that the project will intrude into an area that is subject to the public easement in navigable waters. The facts pertaining to the proposed project, as we understand them, are these: The project includes the proposal to dredge up to 500 cubic yards per individual site. Because dredged material is unsuitable for beach replenishment, it will be disposed of at the United States Army Corps of Engineers approved offshore disposal site LA -3. This project is part of a larger project in which the City of Newport Beach, in cooperation with the County of Orange, is working with the Resources Agencies to establish a Regional General Permit for maintenance dredging of not more than 20,000 cubic yards per year of sediment beneath public, private, and commercial dock structures. The United States Army Corps of Engineers (in cooperation with the U.S. Fish and Wildlife Service, National Marine Fisheries, California Department of Fish and Game, U.S. Environmental Protection Agency and the U.S. Coast Guard) has issued Regional General Permit (RGP) 54 for the proposed project. The California Coastal Commission (CCC) has issued California Development Permit 5-99-282, amended by 5-99-282-A1, consistent with RGP 54 and the California Regional Water Quality Control Board — Santa Ana Region has issued a waiver of waste discharge requirements and a water quality certification for the proposed project. The subject parcels are located within Rancho San Joaquin, landward of the adjudicated mean high tide line along the shore of Newport Bay as set forth in Orange County v. The Irvine Company, Orange County Superior Court Case Number 20436 (1926). The waterway at the three -parcel site is an artificial, navigable and tidal waterway cut from Rancho San Joaquin. Accordingly, the CSLC presently asserts no y June 12, 2003 Page 2 claim that the project intrudes onto sovereign lands or that it would lie in an area that is subject to the public easement in navigable waters. This conclusion is without prejudice to any future assertion of state ownership or public rights, should circumstances change, or should additional information come to our attention. If you have any questions, please contact Jennifer Lucchesi at (916) 574-0234. ncere - Ro L. ync Chief, Land Management Division cc: Mr. Tom Rossmiller, City of Newport Beach Jennifer Lucchesi y JUGES ' h�9 ,O j�� Z I� 3 ;�. STATE & FEDERAL AGENCY DREDGING APPLICATION Permit No. Payment: $426.00 Check No: 506 Date: 12/27/02 Pe s -L n In � I ; _ 1 7>7, Page 2 Dredging Application 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. John & Juanita Firestone Applicant — Please Print Shellmaker Inc-. Contractor — Please Print January 23,2003 Date Signed: 4vid 'Applicant/Agent j :. .fo �.aNG BEAC /l7as t= f !o. i 1` J Ncwroer •er e �' � R 7- O .. ,` r t_7A tt F:,. awco F °mfr 4 !SQA A x ,Jr r.Vf-cl.F, FO42NIAI • �y SounoGn9s 'ore Exp�Essao in ,Fest o_ nd 61 G/70 �� dap h e/ow i1i! an Lo ei ow Wo .MoxlMv� i s b e w aL to `:� f ; tan9g at tide 0,o)p-o Xt ��{{ pp�� /jam q ' -. b��-�sYob/iiheci'; !n fh!s sec Y�27 • of Nswpo�Y �,8oy 31 } EI.RAS C SPECTION >: ; lTH(N 15' PROJECT Sj j ', UT rF s - , -_! 4 };, , I ,\ r,\�� ! , t ! Yyo} Y/,�1�+MP� Y%.�✓%�' !© Yi t y ! - 4. A1 VRG _DATE - "t '.`�� c { •' }` � j'�< { uu '-ro "S !��„J��,iy1tFv - R `'��,' ./-�.� E��� ?. 7 � .� �'s .:.— _ .1, CI' 'l1% 1 T 11 t�A#�BOA RESOURCES DI J �` W ®p� `OR.F � �e/'► Ol �Y:BL.l1V r r} r L ly ! f YP !3 `, r iTI}I.•.'r J 't� 4'j [ 11 1!yHY.i3(i r 4lP 9 t -. 1 a .'l ! /`� t ^y //�-1 iv � 1 i ul � R•�+ 4 ! '' 1 �� YI i �t. n� 1kiJ xtk t k n `V tlf -,fit S7la %JYI ' I • ,-r 1 4 1 y1 �ti,'•1. i s .�-: ,i 1 rll� Il llt; i3Jl � 1V@ 1 r. _ -i! t1f � �--��•�! i r v1 t ; p{. ,��1 , r , Viz' - .. UA f k.l r t j .KI A;A l F � ! • t i- yt ! t-- 4. 1 4 fl r_, , �., a _ � r i �f fP {;i a \� - r��tr`( �tl�i 'r �Y rl `\' .. .•_ � _ �. }L I r, lf�r p 51` er Site Name: � , dam m ,, �.—�-I L -r) (:ommon reference) L o' S �? j L 5 Survey Contact: (name, phone, e-mail) ✓ Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) Hydrographic System: (bay, estuary, lagoon, or harbor) CA.r p y— Specific Location; (UTM, Lat./Long., datum, accuracy level, attach electronic survey area map if possible) Was Caulerpa., Yes, Caulerpa was found at this site and Detected: (if Caulerpa iSfound, please has been contacted on date. immediately contact the peruritting agency project No, Caulerpa was not found at this site, staff and NMFS or CDFG personnel identified above) Description of Permitted Work: (describe briefly the work to be conducted at the site F under the permits identified above) Description of Site: Depth range.- ange.(describe (describethe physical and biological conditions within the survey area at the time of � �� '� 6 d the survey and provide insight into variability, if lmown. Please provide units for all numerical info rrrna 6 o n) . I FE 7 IE::�__typ Substrate e: � 1 Temperature: j Salinity: ominant ora: Dominant fauna: Exotic species encountered: Other site description notes: Description of Survey Effo rt: -. (please desdribe the surveys 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. Survey date and time period: Horizontal visibility in 2 / l U water: Survey hype and methods: `V I �5 tA v\ �� ,, 4,f, I` �C ice`, �• -r- T 7�k � ' t J DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING •.- ENGINEERING GEOLOGY Ms. Lisa Miller SHELLMAKER, INC. 875 B West Fifteenth Street Newport Beach, CA 92663 December 20, 2002 Our Project K02.081.00 SUBJECT: Phi Grain Size Test Result for the Soil Sample Obtained from the Liechty Property at 92, 93 & 94 Linda Isle Drive, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil samples provided to us by your firm. The test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CE -TA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, _Ogpi�.Z°e9- C4 9to P�1p H. Karen Masterson cWc NO C a Project Engineer * EXP. 3-31-04 f OF CA1-�F© Reviewed by: David H. Lee Geotechnical Engineer 1'z�Zvl®1. Attachments: Plate 1 -- Grain i_ ary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) IlDhlasrvlservardetalPROJECTSVCO2.081.0000O2.081.00 PhlGrainSizeLetter.wpd Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ------------------------------------------------------------ ------------------------- 38.1 ------- -5.25 --------------- 11/2" 0.0 0.0 19 -4.25 3/4" 0.0 0.0 Gravel 9.5 -3.25 3/8" 0.3 0.3 4.75 -2.25 4 0.2 0.5 2.83 -1.50 7 0.1 0.6 2 -1.00 10 ---------------- 0.1 0. --------------- 1.41 -0.50 14 0.1 0. 1 0.00 18 0.1 1.0 0.71 0.50 25 0.1 1.1 0.5 1.00 35 0.8 1.9 0.35 1.50 45 3.5 5.5 Sand 0.25 2.00 60 10.5 16.0 0.177 2.50 80 9.5 25.5 0.125 3.00 120 4.9 30.4 0.088 3.50 170 2.0 32.4 0.075 3.75 200 0.4 32.8 0.063 4.00 230 0. 33.0 ____---------------------------------------------- - <0.063 - Silt -Clay <4.00 <230 67.0 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a Silty Clay to Clayey Silt (CL -ML): olive gray (5Y 4/2); humid to dry; scattered shells and shell fragments. The sample was obtained from the Liechty Property, 92,93 & 94 Linda Isle Drive, Linda Isle, Newport Beach, California at a depth of -2.0 feet to -5.0 feet MLLW. - unnonnm ounnreeoei - oeeeeee�nnr i■eeere..e�eee eerer:rerner eerr /eek sere re•.�ie��.eeeee reneerlieeeeee eeeeeeeeeeeeee rereer� David H. Lee & Associates, Inc. 23011 Moulton Parkway, Suite D-11 Laguna Hills, CA 92653 Telephone: 949-461-5690 Fax: 949-461-7901 PHI GRAIN SIZE SUMMARY CLIENT: SHELLMAKER, INC. PROJECT: DATE: PLATE K02.081,00 December, 2002 1 CITY OF NEWPORT BEHCH CITY OF i NEWPORT BERCH � I UPPER A NB+IORT /DRY PRCIFIC 0c EAN VICINITY MRP rx�r RW, CR-VO4CR 0 133- �Z -7 Pm IF� \ ( N �( , WEST Ear PROFILE 1' = 0 imy SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. jGo�� O wolZB EEL GRASS INSPECTION R , fsS ,,77 FaAtr 'G` , NO EEL GRASS WITHIN 15' OF PROJECT �S r�1 O EEL GRASS IN THE PROJECT AREA %V&V,�re�v-� c--eI�-�ss repo),, � � �� ,���,�161�Y163 , .�n5 �� �� SIGNATURE COX Z� FA �, X 2y I -�z 2 N L/ I PERMIT # -�(c DATE 6pl-o� ( ml- a perc� o Cca-sial I�"m, T j - //(�rev'CV1, eeLgra6S Svr'�zy v��e.L lk 3'x24 GAnsw6y- aL,v)t _ Cp Q', slwut ' HARBOR RESOURC CITY OF NEWPORT (n jo-) r �l►r.Y r?� �� r APPLIW'S WCaL9�� S j J JOB ADDRESS PLAN VIEW 1` = 30, z Gig T ,N( --P DATE 6 -1 0 LoAl CITY OF NEWPORT BEACH CITY OF ro NEWPORT BERCH WEST UPPER W�BRY a\ � -a.V BALWA ISLMD BRY pRCIF1C OC Pte\ s� WEST VICINITY MHP JETTY E r PROFILE 1' r 40' r IRY, CFLuMM �jti 7ETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. Scope of work: Remove exiting u -shaped float and pile & gangway. Install new 51'x 8'.25 finger with new 3'x 24' gangway, 3 new 14" pile EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT © EEL GRASS IN THE PROJECT AREA Izz �e 1� aoh�(/ f% pros e�l�ra>>r ye y SIGNATURE G1tsl�w =U - PERMIT #DATE �C,n (;guv fizz C,ha-ty maw 20 0 HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH <8' L lusi- be / peck N t ' PLAN VIEW 1' _ 20' APPLICANT'S NAME �D (I�(�si� JOB ADDRESS rGLS DATE Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servletleom. esri.esrimap.Esrimap?ServiceName=n... 10/13/2003 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 18, 2004 Property Address: 92 Linda Isle 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. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The western most property line extends exactly parallel to the eastern most property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie on the westernmost side of the float is 9'. 8. The maximum beam of a vessel that is permitted to side tie on the easternmost side of the float is 16'. Signature: Chris Miller, Harbor Resources Supervisor Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name WP() F`= C4LIF(d sP 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 existing float and gangway. Install new U-shaped float with 4' x 30' fingers and 10' x 24' backwalk. Install 3 new 14" pile and 3'x 24' an wa . Business address number must be stenciled on 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Propert Address: 92 Linda Isle Legal Description: Harbor Permit Number: 133-92 Plan Check Number: 1580-2004 Applicant: John Firestone Applicant's Mailing Address: 92 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 1 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 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 building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Sianature: / 1117v X Chris Miller, Harbor Resources Supervisor June 18. 2004 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 r Eelgrass Survey Reportiog, Form (Version LO, Jove 20� 2003) This form is required to be submitted for arty surveys conducted for the, eclgras.,, Zostera marina, that arc required. to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been desigoed to assist in identifying eelgt-ass while; ensuring that the required information is consistently documented,. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy, Itis incumb�mt upon the, authorized permittee t4 ensure Haat survey work iS foilov iug the latest protoaols. For furthu in brination on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or Wi.11ia.n pamoicas, California D az tent of Fish & Garne, (858) 4674218). * Required Information fGOmmoK1 reCoreocc) �^ Survey Oja Ct: r* � - (ftamc., phone, C-=il) ermit Reference: (ACOS Pcrmit No., CCC Petah No,) Hydrotrnphic System: (bay, estuary, lagoon, orCwliG r harbor) Slsecific Location (UTM, L.at:!Lottg,, datum �� �C accuracy ,evcl, attach - �5 Vlcctronia survey arca map if Ipossiblc) Was Ecigrass * Yes, Eetgrass was found at this site. Detected: No, Eelgrass was not foujud at this site, Aescription of Permitted Work_ (describe brictly the work to be canducted at the site undex the permits identified above) Y Eelgrass Swcvey Reporting Porn), (version 1.0, 6120/03) 3 STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION RECEIVED BY South coast Area Office PLANNING DEPARTMENT 200 Oceangate, Suite 1000 CITY OF NEWPORT BEAC Long Beach, CA 90802-4302 (562) 590-5071 U E L 16 2004 AM PM AMENDMENT TO COASTAL DEVEL6PIWKWA A-Ir"MIT December 14, 2004 Permit Number 5-03-459 issued to CSP Properties, Attn John Firestone for: Remove and replace the existing floating dock, gangway and pilings, The new dock will be 8.25' x 51' with a 12' x 12' landing. In addition, there will be a new 3' x 24' gangway and three (3) new 14" concrete piles will be installed. at: 92 Linda Isle, Newport Beach Orange County has been amended to include the following change: Remove the existing gangway, float and piles and install a new U shaped float constructed of Douglas Fir and Trex and consisting of two (2) 4 ft. x 30 ft. fingers, a new 10 ft. x 24 ft. backwalk, a new 3 ft. x 24 ft. gangway and three (3) new 14 in. diameter concrete piles. This amendment will become effective upon return of a signed copy of this form to the Commission office. Please note that the original permit condition unaffected by this amendment are still effect. PETER M. DO GLAS cu ive Dir for By: Fe ie y Title: Co Program Analyst ACKNOWLEDGMENT I have read and understand the above permit and agree to be bound by the conditions as amended of Coastal Development Permit 5-03-459. Date: Signature AMENDMENT TO COASTAL DEVELOPMENT PERMIT Page: 2 5-03-459-A1 SPECIAL CONDITIONS: 1. Prior Conditions Unless specifically altered by this amendment, all standard and special conditions attached to Coastal Development Permit 5-03-459, as amended, remain in effect. All standard and special conditions previously imposed under CDP 5-03-459, as amended, apply equally to the amendment. 2. Regional Water Quality Control Board Approval PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, applicant shall provide to the Executive Director a copy of a permit issued by Regional Water Quality Control Board, or letter of permission, or evidence that no permit or permission is required. The applicant shall inform the Executive Director of any changes to the project required by the Regional Water Quality Control Board. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development -permit, unless the Executive Director determines that no amendment is legally required. CTERMITS03 5-03-459 Al :FSY:nr CITY OF NEWPORT GEHCH CITY OF NEWPORT BEACH kw UPPER NDPWT BRY BRY Ic OCCRN wEST VICINITY MRP JEM tom my. atzma 1* I 133- Tz- I Souili 2 3 2004 AEII 0 K TN� �,-. COA PROFILE IN = 30' EFGT 'My SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE �l I ELEVATIONS BASED ON MERN LOWER LOW WATER. gcl,ope OF wolzdo- EEL GRASS INSPECTION 1,7 X, N EEL GRASS WITHIN 15 OF PROJECT R -am ov e -� (,.�4 c3 EEL GRASS IN THE PROJECT AREA T, ��m // Ivet"o t/ " A - NA/ - SCe A-eooV-e4 0,1,r Lv � I-f'Y,,30'Fl I SIGNATURE 0 PERMIT # DATE 3 Ivel-J 6p,ro� wil-l- S _0,3 P., e V'GV -06 1`44 14 �! YXz4 6"gwoy FMICANT'S MWao/ /$/ IJOB ADDRESS qZ Grp s -w HARBOR RESOURC SC CITY OF NEWPORT EA 61,v iy fli lley 6 ha lo-) .q:oasl Dist et Office Permit - -- --------- .0y r ---- � ------------- EFFEC11 _. j Date: t----------- PLAN VIEW 1" California Regional Nater Quality Control Board Santa Ana Region Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger Secretaty for (951) 782-4130 • Fax (951) 781-6288 Governor Environmental http://ww-w.swreb.ca.gov/rwgcb8 Protection - 133- qz September 23, 2004 Beth Swift RECD S E P 2 4 2004 Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, JOHN FIRESTONE (CSP PROPERTIES, INC.),.92 LINDA ISLE, NEWPORT BEACH, ORANGE COUNT' Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (951) 782-3288. Sincerely, `V l6meno (Jun) T. Martirez, J ,PIE. f Chief, Regulations Section cc:. California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department- Tony Meller JIS/blutag227let California Environmental Protection Agency �a� Recycled Paper `i "� UYE 'S N E r lenf am` 'n Kop , Jr.. ADDRESS OF"FACILITY. inda Isle PERMIT # ._ ,- Marian M. KZiGAl •j' MAILING ADDRESS TELEPHONE NO. - FEE CHECK ��NO. /y'y ATE APPROVED BY: DATE. APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT Jr. Weeley D. Hecker_ Benjamin Kopf, OCHD ❑ Flurry V. Hacker Marian M. Kopf ENG ❑ SELLER'S NAME(S) - (ABOV -NAMES TO BUYER'S NAME(S) BE TYPED) _COUNCIL <" J PUBLIC WORKS ❑ SI NATUR "OF SELLER /f :. SIGNATURE OF BUYER - 1 j;.. SIGNATURE OF. SELLER SIGNATURE OF`BUYER {�EScaow ❑ y'INSPECTTIQN SIGNATU E OF JOINjO�N'APPLPD (DATE) ` CITYEHARBOR INSPECTOR 1 SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 170-R THEMUNICIPALCODE ! CITY OF NEWPORAF3EACH, CALIF. wxFoam66-IOISRw. {� 0� MARINERS ESCROW CORPORATION Mr. Wes Armand City of Newport Beach Marine Department 829 Harbor Island Drive Newport Beach, CA 92660 RE: 92 Linda Isle, Newport Beach, CA 92663 Dear Mr. Armand: 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Phone (949) 640-6040 Fax (949) 721-8157 Date : December 18, 2002 Escrow No. : 22820 -BF --� Enclosed please find a check in the amount of $197.50 representing one-half of the inspection/transfer fee required by your office prior to inspection and transfer of said pier. Please do not hesitate to call should you have any questions. Mariners Escrow Brian JP BBeAEyRIffW Kopf , Jr. Marian X. KOP f MAILING ADDRESS APPROVED BY: DATE OCHD ❑ . ENG ❑ COUNCIL ❑ PUBLIC WORKS ❑ DEPT. ESCROW ❑ INSPECTTION ❑ _ ADDRESS OF FACILITY: g2 Iinda Isle 1 w nor B TELEPHONE NO. FE APPLICATION IS HEREBY MADE TO T Wesley D. Hacker _ Kerry V. Hacker SELLE ' NAME(S) (ABOV NA - S NAT OFE$ LLER SIGN A URE OFF SELLER SIGAT E/OF J01 APPLI 1 PERMIT # E 3� - CHECK NO. DA� ��✓�� SFE HARBOR PERMIT Benjamin Kopf, Jr. Marian M. Kopf BUYER'S NAME(S) TO BE/TYPED SIGNATURE OF UY NATURE BU E (DATE) ACCORDANCE WITH TITLE SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN 1-7 OR THE MUNICIPAL CODE WX FORM 66-1013 REV. CITY OF NEWPORT BEACH, CALIF. Q SEW Pp�T CITY OF NEWPORT BEACH iU I P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C,q</ Fp RN`P July 18, 2001 Pickford Realty Inc. 23 Corporate Plaza, Suite 130 Newport Beach, Ca 92660 Re: Pier Permit 13300921 for 92 Linda Isle, Newport Beach #5497 -SM Dear Sirs: The City of Newport Beach Marine Environmental Management Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred to Benjamin Kopf, Jr. If you require further assistance in this matter, please call 644-3043. Sincerely, es and Harbor Resources 3300 Newport Boulevard, Newport Beach Q ��W PORT ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C9CIFo9, . June 27, 2001 Pickford realty Inc. 23 Corporate Plaza, Suite 130 Newport Beach, Ca 92660 Re: Pier Permit 13300921, for #92 Linda Isle, Newport Beach, #5497 -SM Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for #92 Linda Isle. The facility was inspected on June 26, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. 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. FA :50: 0014 At Sincerely, Wes Armand Harbor Resources 7 D/ 2 3300 Newport Boulevard, Newport Beach PICKFORD REALTY INC. ESCROWDIVISION 23 Corporate Plaza, Suite 130 Newport Beach, CA 92660 (949) 718-0604 FAX (949) 718-3964 June 21, 2001 City of Newport Beach MARINE DEPARTMENT 70 Newport Pier Newport Beach, CA 92663 Attn: Wes Armand Re: Escrow No. 5497 -SM Property: 92 LINDA ISLE, NEWPORT BEACH, CA 92660 Dear Wes: Please be advised that our office is currently processing an esrow for the sale of the above referenced property which calls for the pier slip to be transferred at the close of escrow. The Sellers are Wesley & Kerry Hacker and the Buyer's are Benjamin & Marian Kopf. The escrow is scheduled to close on July 2, 2001. Enclosed please find our check in the amount of $171.50 representing one half of the inspection/transfer fee required by your office prior to inspection and transfer of said pier. Should you have any further questions or need additional information, please feel free to contact the undersigned. truly yours, 'bRD REALTY ESCROVI Sld,,,�,KON MCHALE-- ESCROW OFFICER/MANAGER DYERS NAME(S) I ADDRESS OF FACILITY:- PERMIT # a#F - t - -- - # !� ACHECK N0. TE �.. MAILIiaG.kDDRESS _ I TELEPHONE NO. - I FEE 'I _ I DA _OCHD Cl U I CITY HARBOR SPECIAL CONDITIONS:. THIS PERMIT IS:REVOCABLE By THE OF THE 1VlUPIICIPAL CODE., 'k �f 1 CITY OFA NEWPORT BEACH. CALIF. W% FORM 66-1013 REV. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 15, 1988 Residential Escrow 1470 Jamboree Road Newport Beach,CA 92660 Dear Sir: :A ) 33 -,?Z, 3 -,?Z, The City of Newport Beach has received an application to transfer Pier Permit 0133-92 for the property located at 92 Linda Isle,, Newport Beach. The structure was inspected on November 15, 1988, at which time it was determined that it conforms to the City Standards. Upon receipt of the $260.00 transfer fee and the completed and signed transfer forms, this pier permit will be transferred as requested. Sincerely, T i��.nds-Mininistrator 3300 Newport Boulevard, Newport Beach LOCATION / � b PERMIT N0. Seller l n Buyer C� Date Application Rec0ved:_ � C pate Fee Received: Request for Inspection made by: Escrow Co. A� Date Escrow Officer v Escrow No. 1z�-2- Address Phene: e' Gate Inspection trade: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 2. Plumbing: AMA 03 REALTOR' SINCE 1946 YVONNE DUHL VICE PRESIDENT WESLEY N. TAY1 --'R CO. ONE clvlc PLAZA REALTORS SUITE 260 I (71 4) 644-4910 NEWPORT BEACH, CA 92660 i ESCROW: MERCANTILE NATIONAL BANK Attn: Ms. Marge Klugman 1840 Century Park East Los Angeles, CA 90067 213/277-2265 Escrow No. 485, Mayberry - Ladd � ..� BUYERS' NAMES) . - .,--•-`—�--^--^-_�`., •. _•---�.,, -s.,-. -r - :. _. ��-,.,.-.�_ _ ADDRESS OF FACIPfTY: PERMIT-#••--�}'•-� A ESSRlo* TELEPHONE NO. I FEE � I CHECK NO. I DATE PA �. x"aw- ENG SELLER N/CME(S) -T^ __ BUYERS't,NAME(S)-_: PUBLIC WORKS SIGNATURE OF SE;LEfi - DEPT. STATUS SHEET HARBOR PERMIT TRANSFER LOCATION 7 -2 - PERMIT PERMIT NO. / 3 Seller YV (0 Buyer 4 e, 'ge-A., Date Application Received: ��� ����: Date Fee Received: 0 Request for Inspection made by: Escrow Co. Date ..S Escrow OfficerEscrow No. Address Phone: Phone• &Lfq - Date Inspection made: Deficiency Letter sent:/,92-f- Q9 Deficiency corrected: Transfer completed: Date Inspection: 1. Location 5 1�.,1) -he 2-19, 49J 4n Electrical: 4. Structural: 5.OTHER: REMARKS: Inspected by: S I •r AW C i ars Wf C ;V C 1 J I [ T' 1F' IC T°G H ' ^ r4 NEWPORT �AY� CALIFOR! IIA401, Ole q 1 jam' Iw65 �e + � ., � �'� � � Soundrr�ys. - rrre �sxp�e�s ed in +dee# oPr"d a✓ernct� `� dedvths be/Ow "0.(7r7 leiwt:7� ltlpw Wtr � �lox�Mv✓r% z 4 3 - Awna# fidie a w/w-oxeJsadteefy !ri'���E r9'pfrbdr lr�l�� � r z 4 ' _Ore=sYadh/, shed in fh/ *.��> aL��'itirp�#farjl; `, � r Nte d VO 3iF_+��- F r i �+ea-,rte v i ; is `�s.• i _ s,t'' i, oar i 3 a ` x XW 'k'I AT H, % 4 #r _ `'r z ��� + ;v'- .t r a s �z� �� �` '�• a a a ny­ v4 k355,t 7 N x _ - t ', i 1 _ - �� - i� Rte' F �.;=a i s€ -b v ` •,. n u" i a _ y €_ +' j at, rot Jw Sj� F� Et S� k kf }dam 5 i� (� } y� 1 - F Qi' d1A i 3 _ j 5 r'dd7s f - tJ •00 9 k if "A , * t ,ii �- Fs BUYERS' NAME(S) ADDRESS OF FACILITY: I PERMIT # - 90 9.0 1,nft isle MAILING ADDRESS TELEPc._ _.E NO. FEE - CHECK NO. DATE I I I .APPROVED BY: f DATE - ' APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD El..sjorsaiw Aria* -b _;. SELLERS' NAME(S) BUYERS' NAME(S) ENG. ❑ - (ABOVE NAMES TO BE TYPED) : _. ❑4.:COUNCIL - _ ❑ - SIGNATURE OF SELLER SIGNATURE OF BUYER �--PUBLIC WORKS -DEPT.- SIGNATURE OF BUYER 'ESCROW -❑ SIGNATURE OF SELLER ` ❑ i - INSPECTION SIGNATURE OF JOINT OWNER - } nued ❑[ APPLICATION APPROVED „ (DATE) CITY HARBOR COORDINATOR - - : SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. - - - - - PORT'BEACH..CALIF. Wx FORM 66-0019 REV. - F NEW . CITY O - ,\ p 13. -14 "r 1� _q 7 7, _T . + - I co f F� �pa4 r 3`,» lltwmtr• �`< � � �,�• ���+�, /gar. - ,�� ``�-.,mow / E oaf3sd.�. MMM r S 3 YA z NIL �yy - 9 7V�V�i9t7Qin 15A4, 4.ALjr-6rZNIA .2 -A—V c Ya (ff ,.r2d./ r est xvr�€d rnstr �r W41VO 4 �`}ii sic 7r f�i, g - Vry/��T i 4 TG 3? vv MUT ` Aff Phil S, 1 7i4 rV -7 E2 fJ; .ice r MR Yot get, s hel`^� § � mag �` � eFrf 4df '<*"�'• f 1-� f t �� 9@ .kP C YS3 ,,}L�TTiI,m F '` t.• • f "� 3 ��{ Y8 BANKOFAMERICA NEWPORT CENTER BRANCH June 15, 1984 City of Newport Beach Marine Safety Division 3300 Newport Blvd. Newport Beach, Ca. 92663 Re: Transfer of pier slip Property: 92 Linda Isle, Newport Beach, Ca..- Lot 92 Tract 4003 Present owner: Ralph and Jeanne Bjorklund Buyer: Eldon and Arlene ftberry Our Escrow #1020-5496B Gentlemen: Please find enclosed an executed pier transfer form by all parties. Please advise us as to the conditions required, and fees required to enable a proper transfer to be made. We would also like to know what the yearly rental fee is for proration purposes. Thanking you in advance fbr your assistance. S>erely, r Chris Miller Escrow Officer encl. 714/759-4427 PLEASE SEND US MDRE TRANSFER FORKS FOR FUTURE USE... THANKS..... BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION - 500 NEWPORT CENTER DRIVE - NEWPORT BEACH, CALIFORNIA 92660 ESCROW RECEIPT BANKOFAMERICr NATIONAL TRUST AND SAVINGS ASSOCIATION Newport Center #1020 Branch To: City of Newport Beach Date: 6-22-84 Marine Safety Division 3300 Newport Blvd. Escrow No. 1020-5496 Newport Beach, Ca.92663 Property: 92 Linda Isle Owner: Bjorklund Dear Gentlemen: We enclose: ( ) Escrow Statement (XX) Cashier's Check # 77647 payable to your order for $ 220.00- transfer fee. ( ) Policy of Title Insurance No. for $ dated_ P19— issued by: ( ) Note for $ , dated 19—, executed by in favor of ( ) Insurance policies as follows: Amount Company ( ) Other Items: The County Recorder's Office will mail you: ( ) Deed ( ) Deed of Trust ; interest adjusted. to: Number 19 Expiration date Escrow has closed this date. New owners are Eldon and Arlene Mayberry. Very t 1 yours, v Escrow Department Chris Miller 759-4427 Receipt of the above enclosures is hereby acknowledged. Please return the signed copy of this form to the Escrow Department of this branch and retain the other copy. TRU-249 12-77