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HomeMy WebLinkAboutM2013-0011CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES December 18, 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, 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. Van Tuyl- 103 Linda Isle Bacich- 1100 E. Balboa Blvd. Beacon Bay- 8-22, 62, 63 Beacon Bay Bay Island Club- 17, 18, 19 Bay Island Sincerely, Lisa Walters 829 HARBOR ISLAND DRNE, NEWPORT BEACH, CA 92660 P (949) 644-3034 1 F (949) 723-0589 1 WWW.NEWPORTBEACHCA.GOV Applicant Name: HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 Fax (949) 723-0589 www.newportbeachea.gov/harborresources DREDGING APPLICATION CITY CHECKLIST Project Site Address: L riC(° T�pI't, ® Applicant address, phone number ® Agent & Contractor name, address, phone number (if applicable) ® Project site address Assessor's parcel number Dredge site latitude and longitude l� Disposal site: ❑ Beach disposal latitude and longitude Ocean disposal LA -3 ® 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) IRI Site address (l Location within the Harbor 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 Website: www.newport-beach.ca.us/HBR/ Dredging Application City Checklist Page 2 Location of existing dock structures �I Location of existing dock structures on adjacent properties l Location of Bulkhead, Pierhead and Project Lines I� 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 91 No Eelgrass within 15' of entire project area. Proiect not permitted. If ocean disposal and eelgrass is located greater than 15' from theproject 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 ® Survey for Caulerpa within 30' of the entire project area ® Grain Size Analysis �7 (1) sample per 11/4 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 CSI Project is over (check one box): 9 City Tidelands Dredging Application City Checklist Page 3 ❑ 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 Check for Santa Ana Regional Water Quality Control Board ® Signed application ❑ Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C, c,X�RV4" 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 Applicant Name, Address, Phone Number: Larry Van Tuyl 103 Linda Isle Newport Beach, CA 92660 (949) 310-7995 Agent & Contractor Name, Address, Phone Number: Shawna Schaffner, CAA Planning, Inc. 65 Enterprise, Suite 130 Aliso Viejo, CA 92656 (949) 581-2888 Project Site Address: Assessor's Parcel Number: 103 Linda Isle, Newport Beach, CA 92660 050-451-27 Dredge Site: Latitude Longitude 33 36 54.63 N 117 54 06.93 W Disposal Site: Latitude Longitude []Beach Disposal J70cean Disposal (LA -3): Latitude 33 31'00"N Longitude 117 53'30"W Purpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): Dredging under existing slip to increase depth (maintenance) FM 7et d of Dredging (Hydraulic, Clamshell, Tractor, etc...): Vessel(s) & Captain(s): Dredging Operations Inspector: Disposal Operations Inspector: MV Vango, Captain David Hagerman Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3034 Cubic Yards Dredged and Disposed (Must be less than 1,OOOcy total): 1,000 CY Area Impacted (in acres): 0.058 ac If Beach Disposal, Linear Feet of Affected Beach Area: N/A Estimated Quantity of Material Dredged from or Disposed Onto the Site from Previous Activities: Dredging and Disposal Operations Schedule: ease submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applictions will be processed. E;L Scaled drawings of the project and disposal areas (plan view and cross sectional view) Q Site address [R Location within the Harbor E;L Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) 11 Location and physical dimensions of existing structures of existing structures on adjacent properties. U Location of Bulkead, 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 empasis on Eelgrass KI 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. X 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. *If eelgrass is present 15'-30' of the project area then pre- and post -monitoring is required. M 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 elf beach disposal sample must be at least 80% sand 91 Project is over (check one): 10 City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) Jal If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area X Linda Isle owners' approved area Check for $1,690 made payable to City of Newport Beach $1,731.00 ® 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)644-3034 Dredging is not authorized 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. 1, Tom Mathews (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 of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by March 31, 2015 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 an4 / or Agent Signature Date Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3034 BAY �P R a _ -. - PLAN Vi PW , '[" = ,4t1'` f Yf Van Tuyl aI�D FW 10 _ 3 Linda Isle ATE 11/25/14 f; _ e� ® Q �y; E Lu ® 9 � �_ "�' Q m 6' t �� f�� � 2 v-� - y fes--_ __—"/�' •� � •ems ` � c i'' - ta _ -. - PLAN Vi PW , '[" = ,4t1'` f Yf Van Tuyl aI�D FW 10 _ 3 Linda Isle ATE 11/25/14 H PTS Laboratories, Inc. 8100 Secura Way a Santa Fe Springs, CA 90670 Telephone (562) 347-2500 a Fax(562)907-3610 December 17, 2014 Rick Ware Coastal Resources Management 144 N. Loreta Walk Long Beach, CA 90803 Re: PTS File No: 44833 Physical Properties Data Newport RGP Dredging Program Dear Mr. Ware: Please find enclosed report for Physical Properties analyses conducted upon samples received from your Newport RGP Dredging Program project. All analyses were performed by applicable ASTM, EPA, or API methodologies. An electronic version of the report has previously been sent to your attention via the internet. The samples are currently in storage and will be retained for thirty days past completion of testing at no charge. Please note that the samples will be disposed of at that time. You may contact me regarding storage, disposal, or return of the samples. PTS Laboratories Inc. appreciates the opportunity to be of service, if you have any questions or require additional information, please contact Morgan Richards at (562) 347-2509. Sincerely, PTS Laboratories, Inc. Michael Mark Brady, P.G. Laboratory Director Encl. Page 1 of 5 r N Ir - IV IV r O N t9 O w a H N W H E ^Cl) W 0 cu L L O m TTJ�^ z z V1 t� tom) J a H z W 0 LL z O U z W J U TF !1, M OD O (6 0 Ucc rn c as , � O to a) Z a) A M LO U- U m 0 m m ~. �' � LOrn m m c 2 U) CD o 0 a> U � C � O LL N L a> .N E 0 (n 00 CD co _3 i5 N co O O co a co 0 O O g U ao r2 N v > O 04 mO F W N ¢ c .N rn W c E o U O m o F 0 O O N ^ CL w E c ca 0 0.Q- cn L a e co a> a> L p � Z C d- 0 CL p a> Z z U v/C a> ^,+ CF5 L p co � C J O 6i (E6 O ZLU _u Z U r U U w 00 a as PTS Laboratories, Inc. Size Particle Analysis -ASTM D4464M Client: Coastal Resources Management PTS File No: 44833 Project: Newport RGP Dredging Program Sample ID: CRM1031-indalsle Project No: N/A Depth, ft: 4-7 Gry Sand Size Silt Clay crs I medium I fine 25 100 90 20 80 70 5� 0 o -15 60 r$_ m cgg � a m 10% 40 3 E dx 30 V 5 V; 10 M CO000. r S Cl) N LO 00 � O M O O M O O O O O 0 - O- O O O O O S O - O O . O O O O O O O Particle Size, mm Sample Increment Cumulative Cumulative Weight Percent greater than Opening Phi of Screen U.S. No. Weight, grams Weight, percent Weight, percent Weight percent Phi I Value I Particle Size Inches Millimeters Inches IMillimeiers 0.2500 6.351 -2.67 114 0.00 0.00 0.00 5 4.14 0.0022 0.057 0.1873 4.757 -2.25 4 0.00 0.00 0.00 10 4.65 0.0016 16 5.06 0.0012 0.040 0.030 0.1324 3.364 -175 6 0.00 0.00 0.00 0.0787 2.000 -1.00 10 0.00 0.00 0.00 25 5.55 0.0008 40 6.30 0.0005 0.021 0.013 0.0468 1.189 -0.25 16 0.00 0.00 0.00 0.0331 0.841 0.25 20 0.00 0.00 0.00 50 6.75 0.0004 0.009 0.0278 0.707 0.50 25 0.00 0.00 0.00 60 7.20 0.0003 0.007 0.0234 0.595 0.75 30 0.00 0.00 0.00 75 8.02 0.0002 0.004 0.0197 0.500 1.00 35 0.00 0.00 0.00 84 8.64 0.0001 0.003 0.0166 0.420 1.25 40 0.00 0.00 0.00 90 9.11 0.0001 1 95 9.83 0.0000 0.002 0.001 0.0139 0.354 1.50 45 0.00 0.00 0.00 0.0117 0.297 1.75 50 0.00 0.00 0.00 0.0098 0.250 2.00 60 0.00 0.00 0.00 Measure I Trask Inman I Folk -Ward 0.0083 0.210 2.25 70 0.01 0.01 0.01 Median, phi 6.75 6.75 6.75 0.0070 0.177 2.50 80 0.08 0.08 0.09 Median, in. 0.0004 0.0004 0.0004 0.0059 0.149 2.75 100 0.28 0.28 0.37 Median, mm 0.009 0.009 0.009 0.0049 0.125 3.00 120 0.35 0.35 0.72 0.0041 0.105 3.25 140 0.34 0.34 1.06 Mean, phi 6.31 6.85 6.82 0.0035 0.088 3.50 170 0.51 0.51 1.57 Mean, in. 0.0005 0.0003 0.0003 0.0029 0.074 3.75 200 0.93 0.93 2.50 Mean, mm 0.013 0.009- 0.009 0.0025 0.063 4.00 230 1.45 1.45 3.95 0.0021 0.053 4.25 270 1.90 1.90 5.85 Sorting 2.355 1.789 1.757 0.00174 0.0442 4.50 325 2.39 2.39 8.24 Skewness 0.973 0.057 0.069 0.00146 0.0372 4.75 400 2.98 2.98 11:22 Kurtosis 0.229 0.591 0.944 0.00123 0.0313 5.00 450 3.68 3.68 14.90 Grain Size Description Silt 0.000986 0.0250 5.32 500 5.58 5.58 20.49 ASTM-USCS Scale (based on Mean from Trask) 0.000790 0.0201 5.64 635 6.18 6.18 26.67 0.000615 0.0156 6.00 7.07 7.07 33.74 Description Retained Weight 0.000435 0.0110 6.50 10.60 10.60 44.34 on Sieve # Percent 0.000308 0.00781 7.00 11.30 11.30 55.65 Gravel 4 0.00 0.000197 0.00500 7.65 13.80 13.80 69.45 Coarse Sand 10 Medium Sand 40 0.00 0.00 0.000077 0.00195 9.00 19.80 19.81 89.26 0.000038 0.000977 10.00 6.93 6.93 96.19 Fine Sand 200 2.50 ` 0.000019 0.000488 11.00 3.45 3.45 99.64 Silt >0.005 mm 66.95 0.000015 0.000375 11.38 0.36 0.36 100.00 Cla <0.005 mm 30.55 TOTALS 100.00 100.00 100.00 Total 100 V PTS Laboratories, Inc. 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L19 0 M 9 (VersionILE.elgrass Survey Reporting For April0 1, This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are 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 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, please contact: Bryant Chesney, National Marine Fisheries Service, (562) 980-4037, or William Paznokas, California Department of Fish & Wildlife, (858) 467-4218). Required Information Site Name: (common reference) Larry & Pat Van Tuyl Residence 103 Linda Isle Newport Beach, CA 92660 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) dcbkarimotoc cox.rie_t Permit Reference: (ACOE Permit No., RGP #54 CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor) Specific Location: (UTM, Lat./Long., datum, Approximately: accuracy level, attach Latitude: N33° 36.909' electronic survey area map if Longitude: W 117° 54.113' possible) See attached maps Was Eelgrass Detected: Eelgrass within 15' of project or disposal site XX Eelgrass within 15 — 30' of project or disposal site * No eelgrass in project area or disposal site Description of Permitted Work: Maintenance Dredging (describe briefly the work to be conducted at the site under the permits identified above) -1- Description of Site: (Describe the physical and Depth range: Depth range, 1.00-10' Tide height varied between biological conditions within +1.00' (low tide) and +2.25' at time of 10/20/14 the survey area at the time of the survey and provide survey. insight into variability, known. Please provide units Substrate type: Soft, silty sediment & compact silty sediment for all numerical information). Temperature: 730F Salinity: Normal bay range of 30-33 ppt Dominant flora: Enteromorpha intestinalis and Zostera marina Dominant fauna: Zoobotryon verticillatum, barnacles, oysters, tunicates, sponges, bryozoans, limpets, tube - dwelling anemones, round stingrays, barred sand bass, fish fi . Exotic species encountered: Zoobotryon verticillatum Other site description notes: None Description of Survey k Effort: Survey date and time October 20, 2014, 1:30 to 4:30 pm (please describe describe the period: surveys conducted including type of survey (SCUBA, remote video, Horizontal visibility in 1-3 feet etc.) and survey methods water: employed, date of work, and survey density (estimated percentage of Survey type and Surveillance level SCUBA survey: Diver swam the bottom actually methods: transects throughout APE, including 30' beyond viewed). Describe any property line on all accessible sides, including limitations encountered under boats and dock floats. during the survey efforts. Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: —30% of APE Survey limitations: Poor but sufficient visibility Other Information: (use this space to provide See map and proposed project sketch any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (version April 2009) -2- Site Address: 103 Linda Isle Newport Beach, CA 92660 -3- Site Addf ess: 103 Linda Isle Newport Beach, CA 92660 Fuchsia outline reflects dive survey perimeter including the subject property and 30 feet beyond the property lines and bayward. One small eelgrass patch edge is located 23' from proposed project area's eastern property line (white lines denote property lines), inside the neighboring property's dock float area and is denoted by the lime green dot. The patch measures approximately one square foot and contains 5 turions. M Site Address: 103 Linda Isle Newport Beach, CA 92660 Views from subject property deck panning from left to right, including proposed project area and 30' beyond property lines. -5- Site Address: 103 Linda Isle Newport Beach, CA 92660 This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Bryant Chesney, National Marine Fisheries Service, (562) 980-4037, or William Paznokas, California Department of Fish & Wildlife, (858) 467- 4218). Report Date: November 5, 2014 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Larry & Pat Van Tuyl Residence (address or common 103 Linda Isle reference) Newport Beach, CA 92660 Site Coordinates: (UTM, Lat./Long., datum, Approximately: accuracy level, and an Latitude: N33° 36.909' electronic survey area Longitude: W 117' 54.113' map or hard copy of the See attached maps map must be included Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell & text) (949) 830-1173 (fax) deblcarimoto 4 cox.net Personnel Conducting Survey (if other than Same above):(name, phone, e- mail) Permit Reference: (ACOE Permit No., RGP #54 RWQCB Order or Cert. No.) Is this the first or second survey for this First project? Was Cattlesrpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG personnel identified above) Xxxx No, Caulerpa was not found at this site. Description of Permitted Work: Maintenance Dredging (describe briefly the work to be conducted at the site under the permits identified above) Description of Site: Depth range: Depth range, 1.00-10' Tide height varied between (describe the physical and +1.00' (low tide) and +2.25' at time of 10/20/14 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). survey. Substrate type: Soft, silty sediment & compact silty sediment Temperature: 73° F Salinity: Normal bay range of 30-33 ppt Dominant flora: Enteromor ha intestinalis and Zostera marina Dominant fauna: Zoobotryon verticillatum, barnacles, oysters, tunicates, sponges, bryozoans, limpets, tube - dwelling anemones, round stingrays, barred sand bass, fish fry. Exotic species encountered Zoobotryon verticillatum (including any other Cauler a species): Other site description notes: None Description of Survey Survey date and time Effort: period: October 20, 2014, 1:30 to 4:30 pm (please describe the Horizontal visibility in surveys conducted including type of survey water: 1-3 feet (SCUBA, remote video, Survey type and Surveillance level SCUBA survey: Diver swam etc.) and survey methods methods: transects throughout APE, including 30' beyond employed, date of work, property line on all accessible sides, including and survey density under boats and dock floats. Survey personnel: (estimated percentage of the bottom actually Debbie Karimoto (949) 887-7041 (cell) Survey density: viewed). Describe any limitations encountered —30% of APE; no Cauler a present during the survey efforts. Survey limitations: Poor but sufficient visibility Other Information: (use this space to provide See map and project survey sketch any additional information or references to attached materials such as maps, reports, etc. Cauleipa Survey Reporting Form (version 1.2, 10/31/04) Site Addf•ess: 103 Linda Isle Newport Beach, CA 92660 Site Address: 103 Linda Isle Newport Beach, CA 92660 Fuchsia outline reflects dive survey perimeter including the subject property and 30 feet beyond the property lines and baywarda 4 Site Address: 103 Linda Isle Newport Beach, CA 92660 Views from subject property deck panning from left to right, including proposed project area and 30' beyond property lines. Site Address: 103 Linda Isle Newport Beach, CA 92660 Site Address: 103 Linda Isle Newport Beach, CA 92660 Overview of 103 Linda Isle Project Area from 102 Linda Isle -7- PLM V1 BYFIR� IC `5 Van Tuyl JOB RD �103nda Isle ATE 11/25/14 m KICRff 'S W Van Tuyl [:03:L:in�dalsle�� �DRII/25/14 )tuuq uu s;Imoa -suinival A41inoas cu— (A lf-N A R MM ru 0 0 0 -9 ru ru 0, W < � C:) CD -j (Y) z ppqLn Wcli z C3) < .9 z 41, ru Ld L) z -M 0 ZCY im C\l 0 cr� uj > 0 z U) LU rFl LO < -:D �0 7�1 r,u Er 0 Ir W ru r -D LLJ LL 0 CD C) —a ru 0 tr f— LU C) CD -a ru 0 ru ;> -- cc 0 uj 15 R MM ru 0 0 0 -9 ru ru 0, cc < � C:) CD -j (Y) H .9 z ru z -M 0 im C\l 0 0 rFl 4 r,u Er 0 Ir ru r -D 0 CD C) —a ru C) CD -a ru ru rFl w 0 c 0 0 0 ko Lr) O Lo 0 C� _0 Ln < Cl) >F C', 0 CL C: Oco (1) z a) 0 a) CO CL V C) (9 0 Z U- 0 0 rr w c 0 < a- 0 R MM ru 0 0 0 -9 ru ru 0, Worksheet for Combo Building & Solar Permit Application F Comm'I F `vFtesidential City of Newport Beach - Building Division NOTE: PLAN CHECK FEES DUE AT TIME OF SUB Al N FAuilding F— Grading 'Drainage r- Elec `-" Mech F Plumcv Yd Cut v. PORT BEACH Project Address (Not mailing address) F Flood F-Fire r- Liq F Landslides N/A nFloor SuiteyNo, , SETBACKS REAR SETBACKS FRONT SETBACKS LEFT USE ZONE SETBACKS RIGHT DEVELOPMENT NO PERMIT NO. PLAN CHECK NO. PLAN CHECK FEES $ REIM • c'J U LJL1 1 ° I .� r�� LJ U s° WHOM luOdM3N 31slva CO _ Q i. ,is is�e M6Z CJ LJ IJ CJ Y� \�°-010YONd OISI81A01 NIIA NtldMo,'NOld311S e 2 5 O. O O C C7 y m 6� - x� I IIr/H1q�15� city' LU r � mw s INw E a W .WEE I I C eaacf��d Em ew.+3�- .f�do yaH�� e 2 5 O. O O C C7 y m 6� - x� I IIr/H1q�15� city' LU r � mw I I C o sE5 o k s w ii6L Ct. OwO= YE G Ydii�d}¢� � Cc 'o F l6E �z� is mo o R. s'9 d ___ m2�w_� d9 o a ao - I \ LL y ""'carr. ___ __ — ----- ----------------- --- des Mwnu � o �Y e 2 5 O. O O C C7 y m - I - IIr/H1q�15� city' LU r � mw I I V'NT opt 4¢ �� STATES rrY P Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Larry Van Tuyl 103 Linda Isle Newport Beach, California 92660 Dear Mr. Van Tuyl: November 18, 2013 Reference is made to your request (File No. SPL-2013-00175-CJF) for a Department of the Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.G. 403), you are hereby authorized to conduct the work described below in Newport Bay within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, you are authorized to conduct the following activities affecting waters of the U.S..bayward of 103 Linda Isle: 1. Disassemble the existing approximately 73042 dock within lower Newport Bay and transport it to an approved upland disposal or recycling site; 2. Remove the existing concrete guide and support piles and install new concrete piles using a pile -driving barge. New piles will likely be installed using a combination of jetting and driving methodologies using a pile -driving barge, which will act as a staging area for pile driving and equipment storage; and 3. Install the approximately 838-ft2 replacement dock in an east -west configuration. 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. 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. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact me at 213-452-3296 or via e-mail at Corice.J.Farrar@usace.army.mil. ,SCE`s r 5 F4 44 �2 -)III ,• �PO'YTATES 0Y P�L4 • • Regulatory Division Larry Van Tuyl c/o C. Davis Bauman DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Van Tuyl Group 1550 East Missouri Avenue, Suite 300 Phoenix, Arizona 85014 Dear Mr. Bauman: November 18, 2013 Enclosed you will find a signed copy of the Department of the Army Permit (File No. SPL - 2013 -00175) issued to Mr. Larry Van Tuyl. Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact me at 213-452-3296 or via e-mail at Corice.J.Farrarausace.atmv.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nn.usace.army.mil/survey.html. As a courtesy, electronic copies of this letter are being provided the following parties: Dr. Jack Malone, Anchor Q.E.A.; Mr. Fernie Sy, California Coastal Commission; and Mr. Bryant Chesney, NOAA Fisheries Service. Sincerely, r Corice J. Faryfir Chief, Orange and Riverside Counties Section South Coast Branch Enclosures -2 - Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http:L/-per2.nwp.usace.army.mil/survey.html. Sincerely, Corice J. Fa ar Chief, Ora ge and Riverside Counties Section South Co st Branch Regulatory Division Enclosure(s) 1 A//x-f-;� PERMITTEEa ry van Tuyl DAT When the etur or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on November 18.2015 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third parry in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A) The project involves the repair of existing structures that were originally constructed using wood products; B) The creosote treated pilings are wrapped in plastic; -4- C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; D) The plastic wrapping is sealed at all joints to prevent leakage; and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted.herein. 5. A pre -construction survey of the project area for Caiderpa taxifolia (Caulerpa) shall be . conducted in accordance with the Caulerpa Control Protocol (see http://swr.nmfs.noaa.2ov/hcd/caulerpa/cci2pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 6. Once authorized impacts to navigable waters authorized by this permit have ceased, the Permittee shall conduct two years of post -construction celgrass monitoring surveys per the mapping guidelines in NOAA Fisheries' Southern California Eelgrass Mitigation Policy (Policy) (ham://swr.nmfs.noaa. ov/hcd/policies/EELPOLrev11 final pdf ). All required post -construction monitoring surveys shall be submitted by the Permittee to the Corps Regulatory Division and NOAA Fisheries within 30 calendar days of each survey completion date. Based upon the post - construction monitoring survey results and in accordance with the Policy, the Corps Regulatory Division will determine the need and/or amount of. Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat. The Corps Regulatory Division will transmit its determination to the Permittee in writing. Within 60 calendar days of receiving the Corps Regulatory Division's determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' Los Angeles District Mitigation Guidelines and Monitoring Requirements. The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps Regulatory Division. 7. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. -5- 8. The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five calendar days prior to such completion. 9. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) ATTN: Local Notice to Mariners Coast Guard Island, Building 50-2 Alameda, California 94501-5100 TEL: (510) 437-2980 . E-mail: d11LNM((Duscg.mil Website: http://www.uscg.mil/dllZdp/lnmrequest.asl2 U.S. Coast Guard, Sector LA -LB (COTP) 1001 South Seaside Ave., Bldg 20 San Pedro, California 90731 Attn: Waterways Management TEL: (310) 521-3860 E-mail: Jevon.L.James2(buseg.mil and Amy.S.Rens[vuscg.mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). If applicable, include dredge disposal location. 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, 02 subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 10. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, WestCoast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 11. Within 45 calendar days of completion of authorized work in waters of the U.S.; 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 U.S. 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); C) Color photographs (including map of photo points) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified. D) 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; and E) Signed Certification of Compliance (attachment to the permit). -7- 12. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 13. This Corps permit does not authorize you to take any threatened or endangered species, or adversely modify its designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work In e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. 0 LOS ANGELES DISTRICT U. S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00175-CJF Name of Permittee: Larry Van Tuyl Date of Issuance: November 18, 2013 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification; or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Corice.J.FarraT@usace.army.mil OR (2) FAX this certification, after signing, to: (213) 452-4196 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00175-CJF P.O. Box 532711 Los Angeles, California 90053-2325 -10- LOSANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH . DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00175-CJF Name of Permittee: Larry Van Tuyl Date of Issuance: November 18, 2013 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Corice.J.Farrar@usace.army.mil OR (2) FAX this certification, after signing, to: (213)452-4196 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00175-CJF P.O. Box 532711 Los Angeles, California 90053-2325 -11 - NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL' Applicant. Larry Van Tuyl File Number: SPL-2013-00175-CJF Date: Nov. 18, 2013 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A X PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hqp://www.usace.army.mil/cecw/pages/reg materials.aspx or Corps regulations at 33 CFR Part 331. A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. -12 - REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and_/or the appeal process you may contact: Corice Farrar Chief, Orange & Riverside Counties Section South Coast Branch USACE Los Angles District, Regulatory Division P.O. Box 532711 Los Angeles, California 90053 P: 213.452.3296; F: 213.452`.4196 Email: corice.j.farrar(c)usace.army.mil If you only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 P: 415.503.6574; F: 415.503.6646 Email: tliomas.i.cavanaugli(a)usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: of appellant or Telephone number: SPD version revised December17.2010 -13 - Applicant Options with initial Proffered Permit Initial proffered permit sent to applicant: ApplicantlCorps_sgn standard toes permit or applicant accepts applicant apt the letter of perrriission. terms and conditions of the nifial proffered The prcgect is authorized. Yes i Permit? No Applicant sends specific obj€tctiom to district engineer.. The district engineer Krill either modify the peirmit to remove all. objectionable conditions, remove some of the objectionable conditions. or not modify the permit. A proffered permit is sent to the applicant for reconsideration with an NAP and an RFA form. AppiicantlCorps sort standard Does the permit or applicant accepts applicant accept the letter of permission terms and conditions of The project is authorized Yes the proffered permits' No Applicant declines the proffered permit. The declined individual permit may be appealed bysubniiting a RFA to the division angineer.rvthin W day's of the date of the NAP (see Appendix Al, Appendix 8 RePgkwW b Project Location N: P�"rtl 13ve �} E'aCFI Lido E C uin Hili San Joaquin °�f,�" Baltroa Sip Isle y N �} x�•k fy.lj•¢'�T L'1l! J. )u �. t, (. '!1 _� {� "i•, •ei r �r�. yas FX',.i t,.'1 � j',l � � i 1�' 1�"!I'�dl J`N s+� h • 2 CALIFORNIA e fran4o 0 wpoft idl Not to Scale N SOURCE: Bathymetric survey from U.S. Army Corps of Engineers dated 2012. 1 HORIZONTAL DATUM: California State Plane, Zone 6, NA083. • 9 VERTICAL DATUM: Mean Lower Low Water (MLLW).a - R�cb I - RECD "0 sSouth Coast o zoo FEB 1 5 2013 sca a In Feet CALIFOKNiA COASTAL COMM SSK)N ANCHOR Exhibit #1 figure 1 .tZ Page 1 of 1 Vicinity Map and Channel Bathymetry QEA "`f 103 Linda Isle Maintenance Dredging and Dock Replacement TAL a CY U) z win ui uj � .§}�\ W15 z zi © � \� § (\� \fid \ ||�|| x IK )k§2 Rw win w �� uj � .§}�\ ���§ zi L Lul (\� \fid \ ||�|| x )k§2 Rw �i Z 0 --LU z W 55 2, 20' on be cli, § . �-; Li 20r 14 Bk win w �� uj � .§}�\ ���§ zi L Lul x )k§2 Rw �i Z 0 \ § z W 55 2, 20' on be cli, § . 20r win w �� � .§}�\ ���§ zi L Lul x )k§2 Rw �i Z 0 \ § W 55 2, on be cli, Z �7 IN win PROJECT NUMBER: 12-3-742 ENGINEER I DESIGNER: GEGAM BURNAZYAN PROJECT MANAGER: JON WRATTEN SCALE: AS SHOWN DRAWN BY: DDIGB LARRY VAN TUYL RESIDENCE 103 LINDA ISLE DATE: 09-20-2013 - NEWPORT BEACK CA 92660 SHEET NO.: 1 DRAWING: DK -1 SITE PLAN o ,'; -\t i L vhf m A d 1 PROPERTY LINE 1 —32 N�F z �8L ly v r m " Im �v_. D Q r T , m 3 - X 9Z �t m w zz,_ M--1 >z - cn mvzM Z mpci OZ m x G>DN m Opo' Nbm °m. w m O a, - m - D p p A t+ - D OD33win Qa�'e v >M (�' f F m D a, \ < o i D m X C: In - - m I 1 < < m G)D O z o m i v A < D m O A m m z 1 - 6'. 0 �- X I 14 I o D D z � y z -m nF2 - o O A ^� C 7'If n a m n L m z 4. z N _ m" r ( mPR C1a M. 1 ��Tfj O _.J zoo O cn AA , - C/ ` / 1 CCD m E< c r .� 1 e' z m z 0 O� C�LIla11M1• Water Boards Santa Ana Regional Water Quality Control Board April 2, 2013 Larry Van Tuyl 103 Linda Isle Newport Beach, CA 92660 CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE 103 LINDA ISLE DOCK REPLACEMENT PROJECT, COUNTY OF ORANGE, CALIFORNIA (ACOE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302013-03) Dear Mr. Van Tuyl: On February 15, 2013, we received an application for Clean Water Act Section 401 Water Quality Standards Certification ("Certification") from Anchor QEA, on your behalf, for a project to replace the existing dock at 103 Linda Isle, Newport Beach. This dock, within Lower Newport Bay, is currently and will be used for berthing recreational vessels. This letter responds to your request for certification that the proposed project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent Basin Plan amendments: Project Description: The project consists of the removal of the existing north - south facing dock, a 722 -square foot structure, disassembling it, and transporting it to an approved upland disposal site. Disassembly will also include the removal of three existing concrete guide and support piles. The removed dock will be replaced with a 1,100 square foot, east -west facing floating dock, requiring the installation of at least four but not more than six' new concrete guide piles, which will maintain proper alignment of the new structure. The concrete piles will be installed using a pile -driving barge. No dredging is proposed. The work will take place within Township 6 South, Range 10 West, of the U.S. Geological Survey Newport Beach, California quadrangle map (33.61503147° NI -117.90190871 ° W). ' At least four piles will be necessary; the City of Newport Beach may require up to six piles to conform to building code requirements. CAROLE H. BESWICK, CHAIR I KURT V. BERCHTOLD, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www:waterboards.ca.gov/sanlaano Ci RECYCLED PAPER Q EDMUND G. BROWN JR. GOVERNOR MAnRew RoDRlouez (v\- SECRETARY FON ENVIRONMENTAL PROTECTION CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE 103 LINDA ISLE DOCK REPLACEMENT PROJECT, COUNTY OF ORANGE, CALIFORNIA (ACOE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302013-03) Dear Mr. Van Tuyl: On February 15, 2013, we received an application for Clean Water Act Section 401 Water Quality Standards Certification ("Certification") from Anchor QEA, on your behalf, for a project to replace the existing dock at 103 Linda Isle, Newport Beach. This dock, within Lower Newport Bay, is currently and will be used for berthing recreational vessels. This letter responds to your request for certification that the proposed project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent Basin Plan amendments: Project Description: The project consists of the removal of the existing north - south facing dock, a 722 -square foot structure, disassembling it, and transporting it to an approved upland disposal site. Disassembly will also include the removal of three existing concrete guide and support piles. The removed dock will be replaced with a 1,100 square foot, east -west facing floating dock, requiring the installation of at least four but not more than six' new concrete guide piles, which will maintain proper alignment of the new structure. The concrete piles will be installed using a pile -driving barge. No dredging is proposed. The work will take place within Township 6 South, Range 10 West, of the U.S. Geological Survey Newport Beach, California quadrangle map (33.61503147° NI -117.90190871 ° W). ' At least four piles will be necessary; the City of Newport Beach may require up to six piles to conform to building code requirements. CAROLE H. BESWICK, CHAIR I KURT V. BERCHTOLD, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www:waterboards.ca.gov/sanlaano Ci RECYCLED PAPER Larry Van Tuyl - 2 - April 2, 2013 Receiving water: Fill area: Dredge/Fill volume: Federal permit Lower Newport Bay <0.01 acre of permanent impact to marine habitat N/A Rivers and Harbors Act, Section 10 Eelgrass surveys of the project site have been done and no eelgrass has been reported. Accordingly, no mitigation for impacts to eelgrass has been proposed. The Applicant asserts that the project will have beneficial impacts on navigation, water quality, and habitat quality. The project will result in the placement of at least one but no more than three additional piles into the bay floor, and will result in an additional 378 square feet of structure that will cast shade on an area of Newport Bay where eelgrass could occur. The proposed piles and dock are considered permanent impacts. Since eelgrass requires full sunlight for proper growth, the project represents the permanent loss of 378 square feet of area that could potentially become colonized by eelgrass. You have proposed to mitigate water quality impacts as described in your Certification application. The proposed mitigation is summarized below: Onsite Water Quality Standards Mitigation Proposed: • Standard water quality related best management practices (BMPs) will be employed during construction activities, including use of a silt curtain. • The applicant has prepared the project to avoid eelgrass impacts. • Should unavoidable impacts to eelgrass habitat occur where eelgrass is present, project activities will be subject to management measures specified in the Southern California Eelgrass Mitigation Policy (SCEMP). In addition: • In accordance with the SCEMP, an updated pre -construction eelgrass and invasive algae survey will be completed within 60 days of the proposed_ construction. • In accordance with the SCEMP, a post -construction project eelgrass survey will be completed within 30 days of the completion of the project. Should eelgrass impacts be identified from these surveys, impacted eelgrass will be mitigated at a ratio of 1.2:1 (mitigation to impact). The applicant may apply for an exemption to the mitigation requirements of the SCEMP for projects that impact less than 10 square meters of eelgrass. Offsite Water Quality Standards Mitigation Proposed: Larry Van Tuyl . - 3 - April 2, 2013 • None Should the proposed project impact state- or federally -listed endangered species or their habitat, implementation of measures identified in consultation with U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife will ensure those impacts are mitigated to an acceptable level. Appropriate BMPs will be implemented to reduce construction -related impacts to Waters of the State. Pursuant to the California Environmental Quality Act (CEQA), Anchor QEA, L.P. filed a CEQA Categorical Exemption approved by the City of Newport Beach Harbor Resources Division on March 5, 2013. The City of Newport Beach Harbor Resources Division has determined that the project is ministerial or categorically exempt from provisions of CEQA. The Regional Board has considered the Categorical Exemption in the issuance of this Certification and finds that no changes or alterations to the proposed project are necessary to avoid or mitigate impacts to water quality to a less than significant level This 401 Certification is contingent upon the execution of the following conditions: Using generally accepted protocols, the discharger must survey for Caulerpa taxifolia, an invasive marine seaweed, to help locate and prevent its spread. If Caulerpa taxifolia is found prior to or during implementation of the project, the applicant must not begin or continue at that location until authorized by Regional Board staff. If the invasive seaweed is discovered, it is not to be disturbed, and the Regional Board must be notified within 48 -hours of the location and date of the discovery. In addition, any sightings of Caulerpa taxifolia should be reported to the California Department of Fish and Wildlife (William Paznokas at (858) 467-4218 (wpaznokasCa)dfg.ca.gov) or the National Marine Fisheries Service (Bryant Chesney (Bryant.Chesney@noaa.gov)) within 24 -hours of discovery. Further information regarding Caulerpa taxifolia sightings can be obtained at www.sccat.net. Should no Caulerpa be observed during the project, the applicant must notify the Regional Board of this fact when all construction has been completed. Please contact Wanda Cross at (951)782-4468 concerning issues related to Caulerpa taxifolia. 2. Materials must not be placed in a manner where they could be discharged to surface waters except as authorized by this certification. In the event that trash or debris is discharged to surface waters, the discharger must recover the material to the maximum extent practical. 3. The Applicant must conduct an eelgrass survey within the two month period prior to the commencement of dredging. Mitigation for identified eelgrass losses must be performed in accordance with the Southern. California Eelgrass Mitigation Plan (SCEMP) http://swr.nmfs.noaa.gov/hcd/policies/EELPOLrev11 final.pdf). Larry Van Tuyl - 4 - April 2, 2013 4. A copy of this Certification must remain at the project site for the duration of the work and be available for inspection upon request. 5. Substances resulting from project -related activities that could be harmful to aquatic life, including, but not limited to, petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, portland cement concrete or asphalt concrete, and washings and cuttings thereof, shall not be discharged to soils or waters of the state. All waste concrete shall be removed. 6. All materials generated from construction activities associated with this project shall be managed appropriately. This shall include identifying all potential pollution sources within the scope of work of this project, and incorporating all necessary pollution prevention BMPs as they relate to each potential pollution source identified. 7. Motorized equipment shall not be maintained or parked within or near any shore line in such a manner in which petroleum products or other pollutants from the equipment may enter these areas under any flow conditions. Vehicles shall not be driven or equipment operated in waters of the state on-site, except as necessary to complete the proposed project. 8. Applicant shall ensure that all fees associated with this project shall be paid to each respective agency prior to conducting any on-site construction activities. 9. This Water Quality Certification is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any the conditions contained in any other permit or approval issued by the State of California or any subdivision thereof may result in the revocation of this Certification and civil or criminal liability. Applicant shall ensure that all fees associated with this project shall be paid to each respective agency prior to conducting any on-site construction activities. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant. Larry Van Tuyl - 5 - April 2, 2013 If the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Board may require the applicant to submit a report of waste discharge and obtain Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the holder of any permit or license subject to this certification shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. Violations of the conditions of this certification may subject the applicant to civil liability pursuant to Water Code section 13350 and/or 13385. This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. 1 hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017- DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003-0017-DWQ is available at: www.waterboards.ca.gov/board_decisions/adopted orders/water_quality/2003/wqo/wqo 2003-0017.pdf Should there be any questions, please contact Marc Brown at (951) 321-4584, or Mark Adelson at (951) 782-3234. Sincerely, 4t Kurt V. Berch d Executive O cer Santa Ana Regional Water Quality Control Board cc (via electronic mail): Anchor QEA, L.P.-Jack Malone, imaloneCc�anchorgea.com U.S. Army Corps of Engineers, Los Angeles Office - Stephen Estes State Water Resources Control Board, OCC - David Rice California Department of Fish and Wildlife - Kevin Hupf, KHupf dfg.ca.gov SWRCB, DWQ-Water Quality Certification Unit - Bill Orme STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 m� Long Beach, CA 90802-4302 •. (562) 590-5071 Date: November 1, 2013 Permit No. 5-13-046 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advisee. that the Administrative Permit with the above permit number which was sent to you on September 20, 2013 and was reported to the Commission on October 9, 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 Title: Co STATE OF CALIFORNIA - NA --AL RESOURCES AGENCY FT)AAT FI Tn CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 Staff: Fernie Sy - LB Date: September 20, 2013 ADMINISTRATIVE PERMIT Application No. 5-13-046 Applicant: Larry Van Tuyl Agents: Anchor QEA, L.P. Attention Jack Malone & Nossaman LLP Project Description: Removal of an existing North-South facing 730 sq.ft. "U" shaped dock system with three (3) 14" guide piles and installation of a reoriented East- West facing larger 838 sq.ft. "U" shaped dock system. The new dock system Project will comprise of Trex composite material. Location: 103 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 Commi Our ofssion meeting. office will notify you if such removal_ occurs. This permit will be reported to the Commission at the following time and place: Wednesday, October 9, 2013 8:30 am Crowne Plaza San Diego 2270 Hotel Circle North San Diego, CA 92108 IMPORTANT - Before You ma roceed 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 conditios, we ectiveness. n will send you a Notice of Administrative Permit Eff Governor A"J 5-13-046 (Van Tuyl) Administrative Permit 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: Fernie Sy Title: Coastal Program Anal STANDARD CONDITIONS: This permit is granted subject to the following 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. Expiration. If development has not commenced, the permit will expire two years from the date the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension. of the permit must be made'prior to the expiration date.. 3: Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages five thru-ten. 2 5-13-046 (Van Tuyl) 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 inconformity 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 103 Linda Isle in the locked gate community ofLinda Isle in the City of Newport Beach, Orange County (Exhibit #1). Single-family residences and associated private boat dock systems characterize the subject site and the surrounding area. The proposed project involves the following: removal of an existing North-South facing 730 square foot "U" shaped dock system with -three (3) 14" guide piles and'installation of a reoriented East-West facing 838 square foot "U" shaped boat dock system with three(3) 3 14" -guide piles, a 5' x 24' gangway two (2) 6' x 41' fingers and an 8' x 32' backwalk (Exhibit #2): The new dock system will be comprised of Trex composite material. Water coverage from the proposed dock system will be increased from 730 square feet to 838 square feet.(an increase of 108 square feet). While the project results in increased water coverage, it would be consistent -with the size of docks in the adjacent area and there are no proposed impacts to eelgrass. The proposed boat dock system will not encroach bayward into Newport Bay, as it will actually be located more inland. The proposed boat dock system meets the City of Newport Beach Harbor Permit Policy in that it will continue to not extend past the U.S.. Pierhead Linea The subject site is located in the locked gate community of Linda Isle in the City of Newport Beach. No public access currently exists through the site. However, the project will have no impacts on existing coastal access. Public access to the harbor exists in the area across the channel from the Linda Isle community along the public walkways on Lido Island and Balboa Island (Exhibits#1). Based on the information available to the Commission at this time, it appears that the subject property 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 y. 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 a channel eastward and northward 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 3 5-13-046 (Van Tuyl) Administrative Permit Resources Code section 7552.5, which, in general, precludes the owner from interfering with the public's right to navigate the channel. Since the proposed dock will be landward of the designated pierhead line in the channel, the proposed dock is not expected to interfere with the public's ability to navigate through the channel on the north of Linda Isle 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 channel. Based on the information available to the Commission at this time, it appears that the property on which the proposed pier 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 a channel 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 channel. Since the proposed dock will be landward of the designated pierhead line in the channel, the proposed dock is not expected to interfere with the public's ability to navigate the channel 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 channel. 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. 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 eelgrass was discovered within 15 -feet of the project area. However, the proposed project las been designed to avoid all impacts to eelgrass. Asa result, the proposed boat dock would not encroach on or result in shading of the existing eelgrass. The eelgrass survey took place on August 16, 2012 as required by the City ofNewport Beach Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August -.October shall be valid until the resumption of active growth (i.e., March 1). The project is agendized for the October 2013 Coastal Commission Hearing so the eelgrass survey no longer continues to be valid. Therefore, a subsequent eelgrass -survey will be required prior to beginning any construction. A pre -construction Caulerpa taxifolia survey was completed on August 16, 2012 as required by the City of Newport Beach Harbor Resources Division. Caulerpa taxifolia surveys are valid for 90 days. The project is ageiidized for the October 2013 Coastal Commission Hearing and by this time the Caulerpa taxifolia survey would not continue to be valid since 90 -days have passed since the, survey was completed. Thus, an up-to-date Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any rd 5-13-046 (Van Tuyl) Administrative Permit construction. Also, if any Caulerpa taxifolia is found on the project site, Special Conditions No. 3 also identifies the procedures necessary to be. completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor -Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. The proposed dock is being constructed on public tidelands and/or within an area subject to public trust doctrine. A Special Condition is imposed stating that the approval of a Coastal Development Permit for the project does not waive any public rights or interest that exist or may exist on the property. Local Government Approvals Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. MARINE RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste ina, location where it could be. discharged into: coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230. and 30231 of the Coastal Act. D. LOCAL COASTAL PROGRAM The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the 5-13-046 (Van Tuyl) Administrative Permit project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 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 lie 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; (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 31 5-13-046 (Van Tuyl) Administrative Permit 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 from the receiving waters and storm drain inlets as possible; (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) 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; and (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 phosphate -free and biodegradable shall be used, and the amounts used minimized; and 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 7 5-13-046 (Van Tuyl) Administrative Permit 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 absorbentsin the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge numns 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; and e. 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 (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 shah 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 8 5-13-046 (Van Tuyl) Administrative Permit applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All. impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation:impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a _ buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B• The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/9804043), or their successors. A 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. W 5-13-046 (Van Tuyl) Administrative Permit ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 10 e p COASTAL COMMiSS4C)N1 ,�t CHOR Exhibit #1 Figure 1 Page 1 of 1 Vicinity Map and Channel Bath.ymetry OEA'-'-,�� 103 Linda Isle Maintenance Dredging and Dock Replacement tOAS'(Agal"CUM MIS ON j EXH) BIT fi_ PAQlE F1 z �- L) -Q .: Z 4: V te w SAY ga Z 0 w -i F �E m > to Ja- -_w U) EL CY w U) z0 w ;! z L z 3w W z a. 0 U. .9 0 W Z L WI 3N11k1U3d0Ud .9 UW UW) K moi, rx 4: V te w z .3 Lu li d LU > Z 0 w -i F �E m to IN co CD 0) < < W 0 � < z f<I Z 0 Z LU 0 w < u) z z 2 ZZ w YJ C) < OZ 0 LL F- 0 0 ZI1: E ID 0 I� I H w J O U) } O Z > >J Za , W wg w NN N ¢ 0 Xn(9pw 20' Q _ w 26 1(DU)U) Z co J ❑. w 18t x a �D CZE 3NIl kiU3dOMd l } �\/ a c? �=a w� \ O \ _T -.1 K O x ° z Q a x z z w > w Z J w K J ❑ _ - - - Y J U } N mo m i a U ❑ gemo' s=m= J Q - egEizv�B zw J m Q O Ir Z —0 a w z. U) z z# c� U) ✓s o❑ m L)a _o z ❑ LL H u Z� wl o z 0 0 04 W �Q 0 U HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 5, 2013 Property Address: 103 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. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date 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 gangway. Replace with a U-shaped dock and 4-14" concrete piles. 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: 103 Linda Isle Legal Description: Harbor Permit Number: 133-103 Plan Check Number: 0285-2013 Applicant: Larry Van Tuyl Applicant's Mailing Address: 103 Linda Isle, Newport Beach CA 92660 Phone Number: 949-347-2780 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 Vii, 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: X 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 Resou March 5, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 - ffiA — — — __ j Worksheet for Building Combo Permit Application F. Comml Residential City of Newport Beach - Building Division b NOTE: PLAN CHECK FEE DUE AT TIME OF SUBMITTAL F7.Building F7 Grading F—Drainage F7.," ElecF Mech ' Plum Cu Yd Cut nAK, F U � Project Address (Not mailing address) F NE ;OUc go ----- -- - --- - ----- Description of Work Use fe e-, exl S 11, V? a do C /C_ u �,r k C # StoriesF7 # Units (if Res) J re crea1ic a ------ V_e.5r_,C_ --- Valuation $ Material/Labor New/Add SF Remodel SF Garage/New/AddF-- OWNER'S NAME Last j V First Owner's Address Owner's E-mail Address j bn n a rel 10 V a f, j City State Zip Tele hone —020 C) 76-7& p APPLICANT'S NAME Last First Applicant's Address Applicant's E-mail Address 'iboii-oraI V�af _C0 en h. State ET--il Zip L�?,2 Telephone City cg)j -.X C ARCH ITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Architect/Designers E-mail Address City State zip Telephone ENGINEER'S NAME Last First Lic. No Engineer's Address Engineers E-mail Address City State zip Telephone CONTRACTOR'S NAME/COMPANY Lic. No. Class Contractor's Address Contractor's E-mail Address City State Zip Telephone ENERGY PIC FEE $ FIRE P/C FEE $ PERMIT NO. GRADING PIC FEE $ PLANNING PIC FEE $ 3 PLAN CHECK NO. 2,00 ELEC/PLUM/MECH PIC FEE $ PLAN CHECK FEE $ DEVELOPMENT #FEES PAID $ Planning Permit Application Community Development Department Planning Division 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644-3204 Telephone 1(949)644-3229 Facsimile www.newportbeachr-a.gov 1. Check Permits Requested: ■❑ Approval -in -Concept ❑ Coastal Residential Development ❑ Condominium Conversion ❑ Comprehensive Sign Program ❑Development Agreement ❑ Development Plan ❑ Lot Line Adjustment ❑ Lot Merger ❑Limited Term Permit - ❑ Seasonal ❑ < 90 day ❑ >90 days ❑ Modification Permit ❑ Off -Site Parking Agreement ❑ Planned Community Development Plan ❑ Planned Development Permit ❑ Site Development Review - ❑ Major ❑ Minor ❑ Parcel Map 2. Project Address(es)/Assessor's Parcel No(s).: 050-451-27 3 4 ❑ Staff Approval ❑Tract Map ❑ Traffic Study ❑ Use Permit -❑Minor ❑Conditional ❑ Amendment to existing Use Permit ❑ variance ❑ Amendment -❑Code ❑PC ❑GP ❑LCP ❑ Other: Project Description and Justification (Attach additional sheets if necessary): Remove and replace the existing north -south facing dock with a slightly larger and more stable east -west facing dock in the same location. Applicant Name(s): Larry Van Tuyl Address: 103 Linda Isle City/State/Zip: Newport Beach, California 92660 Phone: (602) 200-7578 Fax: (602) 279-3300 5. Contact: Jack Malone, Ph.D. Address: 26300 La Alameda, Suite 240 City/State/Zip: Mission Viejo, California 92691 Phone: (949) 347-2780 6. Property Owner Name(s):Larry vanTuyl Address: 103 Linda Isle Fax: (949) 334-9646 Email: jbongratz@vtaig.com Email: lmalone@anchorgea.com City/State/Zip: Newport Beach, California 92660 Phone: (602) 200-7578 Fax: (602) 279-3300 Email:, *ngratz@vtaig.com 7. Property Owner's Affidavit*: (1) (We) LarryvanTuyl depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (1) (We) further , under -penalty of perjury, that the foregoing statements and answers herein contained and the i to I h submitted are in all respects true and correct to the best of (my) (our)owledge and b Signature(s): Date: February 6, 2013 'May be signed by the lessee or by an utho ' ed agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' si atur for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Planning Permit Application.docx Updated 10/24/12 ANCHOR OEA 26300 La Alameda, Suite 240 Mission Viejo, California 92691 Phone 949.347.2780 Fax 949.334.9646 February 11, 2013 Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Re: Request for Approval-in-Concept/California Environmental Quality Act Determination for the 103 Linda Isle Dock Replacement Project Dear Ms. Walters: On behalf of Larry Van Tuyl, Anchor QEA, L.P., is pleased to submit the following information for the proposed dock replacement project at 103 Linda Isle in Newport Beach. Mr. Van Tuyl respectfully requests that the City of Newport Beach (City) consider an Approval -in -Concept (AIC)/California Environmental Quality Act (CEQA) Categorical Exemption for this project. We believe that the project would be considered exempt from the provisions of CEQA pursuant to CEQA guidelines Section 15302 Class 2, which consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This letter and its enclosures are provided to the City to address any questions or concerns regarding the proposed construction' activities. www.anchorgea.com Ms. Lisa Walters February 11, 2013 Page 2 PROPOSED PROJECT INFORMATION The proposed project is located adjacent to a residential unit at 103 Linda Isle, which is within a residential community in Lower Newport Bay, Newport Beach, California (Figure 1). The proposed project would replace the existing dock currently used for the berthing of recreational vessels by the property owner. The existing dock is highly unstable due to its narrow design and having reached the end of its design life. In its current condition, the dock cannot safely accommodate elderly people, children, or multiple concurrent users. To improve access and user safety, the proposed project would remove and replace the existing north -south facing dock with a slightly larger and more stable east -west facing dock. The proposed dock is being designed to be consistent with current standards and building codes, and to fit within the property boundaries while providing suitable access for the owner's recreational vessels. The proposed dock layout is shown on Figure 2, and typical cross sections are depicted on Figures 3 and 4. The proposed project does not include dredging or discharges of dredged or fill material. Description of Activities The existing structure is supported by three concrete guide and support piles and has an area of approximately 722 square feet. Based on current conceptual -level drawings, the replacement structure is anticipated to be supported by four to six concrete piles and would have an area of approximately 1,100 square feet. Project activities would consist of: • Disassembling the existing structure in water and transporting it to an approved upland disposal site. • Removing the existing concrete guide and support piles and installing new concrete piles using a pile -driving barge. New piles would likely be installed using a combination of jetting and driving methodologies using a pile -driving barge, which would act as a staging area for pile driving and equipment storage. Based on an average rate of six to eight piles driven per day, installation and removal of the guide piles is anticipated to take approximately 1 to 2 days to complete. • Installing the replacement dock. Construction is anticipated to begin in spring 2013 and would be completed by summer 2013. Ms. Lisa Walters February 11, 2013 Page 3 The proposed project requires approval from various state and federal agencies. We intend to submit applications to the U.S. Army Corps of Engineers for a Section 10 Letter of Permission, to the Regional Water Quality Control Board for a Section 401 Water Quality Certification, and to the California Coastal Commission for a Coastal Development Permit. Eelgrass A Caulerpa taxifolia (Caulerpa) and Zostera marina (eelgrass) survey was conducted on August 16, 2012 (Attachment A). While no Caulerpa was observed, one small patch of eelgrass was found northwest of the existing dock and partly within the parcel lines (Figure 2). The proposed project is being designed to avoid all impacts to eelgrass. As such, the proposed replacement dock would not encroach on or result in shading of the existing eelgrass. Additional pre -construction (within 60 days prior to construction) and post -construction (within 30 days following construction) surveys would be conducted for Caulerpa and eelgrass as required by the Southern California Eelgrass Mitigation Policy (SCEMP; NMFS 2005) and the Caulerpa Control Protocol (NMFS 2008). Should these surveys detect eelgrass within the proposed dock footprint, the policies of the SCEMP would be followed. CERTIFICATION Anchor QEA hereby certifies that the information in this letter is accurate and complete to the best of our knowledge. Larry Van Tuyl certifies that he will abide by all the terms and conditions of the resource agency permits and will hold the City harmless from and indemnify the City against any damage claim arising from the use of those permits. Larry Van Tuyl will submit a construction completion report within 30 calendar days of completing construction operations. All work shall be scheduled to occur Monday through Friday between 7:00 AM and 6:00 PM, and any deviations must be approved by the City. Ms. Lisa Walters February 11, 2013 Page 4 CONCLUSION Thank you for the City's consideration of our request. Should there be any questions about this project, please contact me at (949) 347-2780 or at jmalone@anchorgea.com. Sincerely, Jack Malone, Ph.D. Managing Scientist Anchor QEA, L.P. Walters, Lisa From: Adam Gale [agale@anchorgea.com] Sent: Monday, March 04, 2013 3:56 PM To: Walters, Lisa Cc: Jack Malone Subject: RE: 103 Linda Isle Dock Replacement - Approval in Concept Hi Lisa — We spoke with Chris Miller earlier today and understand that you are still looking for a more detailed project description. We recently spoke with the builder and have requested more specifics on their design. We hope the information bulleted below will suffice and allow you to develop the Approval in Concept. I apologize for any confusion. Alt • Length of gangways —,W feet. • Number of piles -4 • Pile dimension and material —14 -inch square concrete piles As I mentioned earlier, anything you can do to turn the AIC around quickly would be much appreciated. Thanks, Lisa. Please let me know if you have any additional questions. Adam From: Adam Gale Sent: Wednesday, February 27, 2013 11:40 AM To: Walters, Lisa (LWaltersCanewportbeachca.gov) Cc: Jack Malone Subject: RE: 103 Linda Isle Dock Replacement - Approval in Concept Hi Lisa — I wanted to follow up on our conversation from earlier this week and my voicemail from yesterday. Can you please let us know the status of the 103 Linda Isle AIC review and follow up conversation with Chris? We would really like to get this resolved and provide you any additional information that you may need as this approval is holding up agency review of our other applications. Thanks, Lisa. Adam From: Adam Gale Sent: Wednesday, February 13, 2013 3:25 PM To: Walters, Lisa (LWalters@newportbeachca.gov) Cc: Jack Malone Subject: 103 Linda Isle Dock Replacement - Approval in Concept Hi Lisa — I wanted to follow up with you regarding the 103 Linda Isle Dock Replacement project AIC application that was submitted for payment and your review late Monday, February 11. 1 understand that you guys are very busy but hope to have the plans reviewed and approved around the middle of next week. I have attached a copy of the application that was submitted on Monday. If you need any additional information please let Jack or me know. Thanks, Lisa. Adam Gale Anchor QEA, LLC 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 C 805.390.0285 APPENDIX B LOCAL AGENCY REVIEW FORM SECTION A (TO BE COMPLETED BY APPLICANT) Applicant Larry Van Tuyl Project Description Remove and replace the existing north -south facing dock with a slightly larger and more stable east -west facing dock in the same location. Location 103 Linda Isle in Lower Newport Bay, Newport Beach, California. Assessor's Parcel Number 050-451-27 OR BU Zoning Designation PARTMENT) du/ac General or Community Plan Designation du/ac Local Discretionary Approvals ❑ Proposed development meets all zoning requirements and needs no local permits other than building permits. ❑ Proposed development needs local discretionary approvals noted below. Needed Received ❑ ❑ Design/Architectural review ❑ ❑ Variance for ❑ ❑ Rezone from ❑ ❑ Tentative Subdivision/Parcel Map No. ❑ ❑ Grading/Land Development Permit No. ❑ ❑ Planned Residential/Commercial Development Approval ❑ ❑ Site Plan Review ❑ ❑ Condominium Conversion Permit ❑ ❑ Conditional, Special, or Major Use Permit No. ❑ ❑ Other CEQA Status ❑ Categorically Exempt Class Item ❑ Negative Declaration Granted (Date) ❑ Environmental Impact Report Required, Final Report Certified (Date) ❑ Other Prepared for the City/County of Date by Title 11 E 91d 2Mp'hOO-dN-9b60\luawaoelda'd loo0 alsl epuil EOT\IAnl ueA ALeI-9b60\sa39foidls@H laafad OV7o3nV\:l v .v� 41 7 000 _ Q CU Z •y_lO^ f6 N N c l mm N J � L j 0 O CL M O oQ¢ V H Z U0CC U 00 Lu Vf = £TOZ't7z uef s g5 ul�ss 4 ,-11N El iD 1 ri b z c '��} rIN M E z R r � ra a a' � u 4 III d + w E 91d 2Mp'hOO-dN-9b60\luawaoelda'd loo0 alsl epuil EOT\IAnl ueA ALeI-9b60\sa39foidls@H laafad OV7o3nV\:l v .v� 41 7 000 _ Q CU Z •y_lO^ f6 N N c l mm N J � L j 0 O CL M O oQ¢ V H Z U0CC U 00 Lu Vf = £TOZ't7z uef t,mSMP aaa _a—aDujnmBPun l•m a_\sPR, as _ e 0 ) � � �■ . 4 o [ lip � � f � [ . � ) � . § k � � � . � ■ & . . . . . � . § . ■. ^ !. . t,mSMP aaa _a—aDujnmBPun l•m a_\sPR, as _ e 0 ) 55 R bxal U� Co Proiect Location eye H- 4 t�[wport Beach Li .. _G �r San.laaquin Hill` Isle a 16-61 Island p� Corona dei Mar - o _ �c�le a 1 m 3 v — d m 0 ti d ti 0 m ( Project Location M I a u o W a _/0'II ' } 1 -9' G, g t.:.. �0 o a e -g' V o •-9'^ o. v O � O a N O Ol v O v a 0 V O W C a SOURCE: Bathymetric survey from U.S. Army Corp of Engineers, dated 2012. E HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. VERTICAL DATUM: Mean Lower Low Water (MLLW).0 V H 0 200 V Scale in Feet Figure 1 ANCHOR Vicinity Map and Channel Bathymetry QEA � 103 Linda Isle Dock Replacement v U V) 0 0 z Lm :3 0 'a p c Q a� z rro at ` Q J E N cc t L 4 cc m ro � N J ro L � i 3 j 0 O O = CL M O � Q^ Lli Q � Q Z � N V p O Lu V1 = jaugosleidw wd£T:Z £TOZ'tz uer r G s g rl� ISO I z Arl r� rn z z d III• 1\ T W ii J f"I y £ 913 2MP'b00-dd-9b60\luawajelday 1:)o4 alsl epull £OT\IAnl ueAA»el-9b60\s;0aladlsapj13afad OyOolny\:l v U V) 0 0 z Lm :3 0 'a p c Q a� z rro at ` Q J E N cc t L 4 cc m ro � N J ro L � i 3 j 0 O O = CL M O � Q^ Lli Q � Q Z � N V p O Lu V1 = jaugosleidw wd£T:Z £TOZ'tz uer b 91d BMP'S00-dll-91760\4uawaoejd9y Whoa alsi epuil £OT\IAn1- WA Ajiel-91760\s;3afadlsaIlj;aafaad 4V3o3nV\:l c00 0 z .v � m O 0 -on _c Q vZ •L lD �� C J O J N � N pp N O d >1 � O > [0 � j O � L i `- °0 Q U (�0 O N O p. 0 ULli H Z U 0 U p O Lu H = jamps;eidw wdLZ:Z £TOZ'17Z uef s a� a o Q 0 h i g riRY i m � O coH b 91d BMP'S00-dll-91760\4uawaoejd9y Whoa alsi epuil £OT\IAn1- WA Ajiel-91760\s;3afadlsaIlj;aafaad 4V3o3nV\:l c00 0 z .v � m O 0 -on _c Q vZ •L lD �� C J O J N � N pp N O d >1 � O > [0 � j O � L i `- °0 Q U (�0 O N O p. 0 ULli H Z U 0 U p O Lu H = jamps;eidw wdLZ:Z £TOZ'17Z uef Not to Scale CALIFORNIA a J m 3 v - d M 0 d > f t ti oma__ ° S Project Location M Q 1p O 1� -1p' �I 10 �11ub -9' C„ 3 p v z D D' ~ O a 3 a ' o 9 ° o = , o . 91 a o O 0 m iz a N O m v O .o , C ¢ 0 ¢ s v SOURCE: Bathymetric survey from U.S. Army Corp of Engineers, dated 2012. E HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. VERTICAL DATUM: Mean Lower Low Water (MLLW).0 V y 0 200 7 V a Scale in Feet ANCHORFigure 1 Vicinity Map and Channel Bathymetry QEA C -4-A" 103 Linda Isle Dock Replacement £ DIJ SMP'1700-dN-91760\auawaDelday poo alsl epu!l £OT\IAnl ueA A1Jel-91760\s;:)a[oJdlsaIij 409[wd OtlJointl\:l v c0 V) 0 0 z U 41 � M 00 -00 _ Q Z C J E N -C L to ca m >-N o L o L 3 > � J O D -UCC cc� o C G h Q N 0 2Q Q U H V 0 V � N � Oin 2 � jauy:)saejdw wdET:Z £TOZ'17Z uef R� 15 rIIN ul rl b x ltd �N I M g a F � zT f � d O a 1 W JT co £ DIJ SMP'1700-dN-91760\auawaDelday poo alsl epu!l £OT\IAnl ueA A1Jel-91760\s;:)a[oJdlsaIij 409[wd OtlJointl\:l v c0 V) 0 0 z U 41 � M 00 -00 _ Q Z C J E N -C L to ca m >-N o L o L 3 > � J O D -UCC cc� o C G h Q N 0 2Q Q U H V 0 V � N � Oin 2 � jauy:)saejdw wdET:Z £TOZ'17Z uef b SIJ BMp'S00-dH-9b60\luawaceld9y loop alsl epull £OT\IAnl ueA Aiiel-91760\sl:)afadlsallj haloJd py0o;ny\:l v �uo O 0 z N 41 VI (Yl :3 0 � 0 �a C J O � L� C N N m�3 Q N 0 � L v � 3 j �O O fo o u (va2 D � 0 Z OU 0OLLS {A = iauyas;eidw wdLZ:Z ELOZ '4Z uef 9 a€ M1Rt i -I pbI QQz F s 0 `3 + rl b SIJ BMp'S00-dH-9b60\luawaceld9y loop alsl epull £OT\IAnl ueA Aiiel-91760\sl:)afadlsallj haloJd py0o;ny\:l v �uo O 0 z N 41 VI (Yl :3 0 � 0 �a C J O � L� C N N m�3 Q N 0 � L v � 3 j �O O fo o u (va2 D � 0 Z OU 0OLLS {A = iauyas;eidw wdLZ:Z ELOZ '4Z uef ATTACHMENT A CALUPERA AND EELGRASS SURVEY -5 5 1 \</ , ,� —� 2.5' 1 8' I1 1 I 10 20' I 26' f 1 � 7477-7-77, If 3.25' I I 5 103 Linda Isle I 1 EEL INSPECTION Eelgrass rij.i 15' of project iI�Eelgrass warii=- 15 - 30' of project No Ee�it-area Signature &1IW )12. -700 —1300 Inspection Date & Time SOURCE: Bathymetric Survey from Gahagan & Bryant Associates, LEGEND: �� ;(; 1.,URGES DIV. E Inc., dated August 7, 18, and 21, 2012. Eelgrass survey performed Contour � ri; Eelgrass °PORT Eby Ecomarine Consultants, LLC dated August 16, 2012. -10 Bathymetric Ci BEACH HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. I �: VERTICAL DATUM: Mean Lower Low Water (MLLW) — Parcel Lines 0 20 -meq Proposed Dock Layout Scale in Feet Figure 2 ANCHOR Proposed Dock Layout OEA v 103 Linda Isle Dock Replacement ECOMARINE CONSULTING LLC BIOLOGY • OCEANOGRAPHY • MARINE BIOLOGY • ENVIRONMENTAL SCIENCE • EDUCATION 16 August 2012 ANCHOR QEA, LP 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Attention: Adam Gale Hello Adam, This letter summarizes the diving eelgrass (Zostera marina) and Caulelpa survey conducted by Mr. Mike Anghera and myself (Dr. Kimo Mollis) on Thursday, 16 August, 2012 in the project area of 103 Linda Isle, Newport Harbor. Dive conditions during the survey were ideal, with good light throughout the day and good visibility (1-1.5 m). The water temperature on all dives was 22° C (72' F). On all swim transects, we had a clear view of the bottom. Only one continuous bed of eelgrass was observed on the west side of the property, adjacent to the neighboring property in a depth of 4 ft mean lower low water (MLLW). The perimeter of the bed was marked using WAAS-enabled GPS and ground-truthed with meter tapes to fixed landmarks. The mean turion density in the bed was 22.7 per 0.25 m2 (determined by quarter meter quadrat counts). The bed appeared healthy with little encrusting growth on the blades. No flowering eelgrass was observed within the bed. No Caulelpa was observed along any of the transects. Please see the attached map that illustrates our track lines, markers, meter tape measurements, and eelgrass bed. A Google Maps -compatible .kmz file of this information is also attached for your convenience. One transect was video recorded with a GoPro Hero HD camera. This video can be provided to you in digital format upon request. Biota along all swimming transects was typical of a soft -bottom shallow water habitat in Newport Harbor. Infauna burrows pocked the soft substrate with the most obvious macroinvertebrates being the tube anemone (Pachycerianthus sp.) and a small number of fairy palm hydroid (Corymorpha palma). The colonial bryozoan Zoobotryon sp. was very abundant in the project area, particularly in the deeper channel north of the dock. The only observed fish was top smelt (Atherinops affinis) in the water column. Our diving survey was conducted between the hours of 0830 and 1130, which encompassed slack tide (+4.5 ft MLLW at 0938). There was very little water movement during this time. The topography of the study site consisted of a bulkhead at the base of the property (-- 3.5 ft MLLW), a shallow soft bottom (:z� 4-1.5 ft MLLW), a steep escarpment approximately 7 m off the edge of the docks, and a deep soft bottom area in the channel (-- 13 ft MLLW). The eelgrass bed was observed only in the shallow soft bottom zone. Descending down the escarpment to the deeper substrate, the light levels decreased considerably, which in addition to the boat traffic likely hinders eelgrass growth in the channel. No marine mammals, least terns, or brown pelicans were seen in the vicinity of the project area. Thank you for the opportunity to continue working with Anchor. Feel free to contact me if you have any questions. Cordially, A. Kimo Morris, Ph.D. Principal/Senior Scientist Ecomarine Consulting LLC Attachments: 103_linda_isle _8-16-12.kmz 103_linda isle_8-16-12.png ECOMARINE CONSULTING LLC • 18673 AGUIRO STREET ROWLAND HEIGHTS, CA • 91748 310-625-5466 • ECOMARINECONSULTING.COM KIMO@PUKASHELL.NET Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: August 18, 2012 Name of bay, estuary, lagoon or harbor Newport Harbor, California Specific Location Name: (address or common reference) 103 Linda Isle, Newport Harbor, California Site Coordinates: (UTIVI, Lat/Long., datum, accuracy level, and an electronic survey map or hard copy of the map must be included) See attached map Survey Contact: (name, phone, e-mail) Adam Gale (949) 347-2780, agale@anchorgea.com Personnel Conducting Survey (if other than above): (name, phone, Mike Anghera, 805-698-1004, manahera@_ucla.edu e-mail) Dr. Kimo Morris, (310) 625-5466, kimo@pukashell.net Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) To be determined. Is this the first or second survey for this project? First Was Caulerpa Detected?: (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG Yes, Caulerpa was found at this site and personnel identified has been contacted on date. above) X No, Caulerpa was not found at this site. C Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) Maintenance dredging and dock replacement Description of Site: Depth range: 0-6m (describe the physical and Substrate type: Mud/sand/rock rubble biological conditions within Temperature: 22° C the survey area at the time of Salinity: 33-350/00 the survey and provide insight into variability, if known. Dominant flora: eelgrass (Zostera marina) Biota along all swimming transects was typical of a Please provide units for all numerical information). soft -bottom shallow water habitat in Newport Harbor. Infauna burrows pocked the soft substrate with the most obvious macroinvertebrates being the tube anemone (Pachycerionthus sp.) and a small number of fairy palm hydroid (Corymorpha palma). The colonial bryozoan Zoobotryon sp. was very abundant in the project area, particularly in the deeper channel north of the dock. The only observed fish was top smelt (Atherinops affinis) in the water column. Dominant fauna: Exotic species encountered (including any other Caulerpa species): NA Other site description notes: See attached cover letter Description of Survey Effort: Survey date and (please describe the surveys time period August 16,2012 0700-1300 conducted including type of survey (SCUBA, remote Horizontal visibility in water: 1-1.5m video, etc.) and survey methods employed, date of Survey type and SCUBA using WAAS enabled GPS, see work, and survey density methods: attached maps (estimated percentage of the bottom actually viewed). Survey personnel: Mike Anghera, Dr. Kimo Morris Survey density:- 80.0 of area Describe any limitations encountered during the survey efforts. Survey limitations: Visibility Other Information: (use this space to provide additional information or references to attached maps, reports, etc.) See attached maps and report Caulerpa Survey Reporting Form (version 1.2, 10/31/04) m 0 0 N FIGURES R4 )al �v k ap Q. Co Project LocatioItsn t Fi4Yy la�� 'Beach r! ° CrSan Joaquin Hill lsle Balt�r�a � t tslarid Cordna'del Maar Not to Scale Y _ Not to Scale CALIFORNIA n (l � V > t m 3 v, g m 0 r d a � t OF ° S Project Location a 0 o _10111 zo?z�-9 U 9 n, v a 9 e9. v ^3 o•_9 - n o O a N O T O a o - a V O a o O! C SOURCE: Bathymetric survey from U.S. Army Corp of Engineers, dated 2012. E HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. VERTICAL DATUM: Mean Lower Low Water (MLLW).0 V y 0 200 V 7 Scale in Feet Figure 1 ANCHOR Vicinity Map and Channel Bathymetry 103 Linda Isle Dock Replacement HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 5, 2013 Property Address: 103 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 'de 9. Vessels may not extend beyond the end o the fing s by mor than the width of its beam except as otherwise noted in the Municip I Code. !, 10. The maximum beam of a vss I tha is rmitte to side- "e to the w ternmost side of the float is 8'. Lisa Walters, Harbor Rpsou Applicant Signature Print Name/ Date Joint Pier Applicant Signature (if applicable) /Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 5, 2013 Property Address: 103 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. Joint Pier Applicant Signature (if applicable) Print Name ®ate Page 2 of 2 Worksheet for Building Combo Permit Application City of Newport Beach - Building Department Please print 3 copies J -Building f— Grading F -Drainage 1. Project Address (Not mailing address) Tenant Name(if Applicable) 2. Description of Work Elec Mech Plum Z, Exist House SF Demo House SF Add/Reconstruct House SF r . . ....... . . ....... Exist Gar SFF Demo Garage SF Add/Reconstruct Garage SF F TOTAL HOUSE SIF New Add Alter Demo TOTAL GARAGE SIF Check ADDroi)riate Box for ADDlicant Floor Suite No # Units (if Residential): Use I Valuat # Stories F7 Cu Yd Cut Cu Yd Fill F. 3. Owner's Name Last A First Owner's Address Owner's E-mail Address 1/ 61 City F 7 'n State Zip Telephone "4. Arch itect/Designer's Name Last First. Lic. No. Architect/Designer's Address Architect/Designer's E-mail,'Address ........ City /'e", ...... State zip Telephone. nom 5. Engineer's Name Last r Firstr. Lic. No. Q-3 ...... .... d6 Engineer's Address Engineer's E-mail Address " It' -7 City State Zip Telephone F– 6. Contractor's Name Last ... .. .. ......................... First Lic. No. Class ..... ........ ...... . . .......... .-..;... Contractor's Address Contractor's E-mail Address City . . .. ..... .. .. ... ................ ................ ...... State .......... ... .................... Zip Telephone r p OFFICE USE ONLY ENERGY P/C FEE $ r7 4' PERMIT NO. - GRADING P/C FEE $ PLAN CHECK NO. Rev 1178107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ . J.y t •.. 4 BUY1:RSj NAMES) -.- - '-^�++;,.: .:_ .,�`'` ADDRESS OI•`'Fk�ILITY_ - Wig; -as,Y y:, �`iI PERMIT # - I mda IS -10 • MAILING. ADDRESS - TELEPHONE NO. FEE CHECK NO. DATE - _ I7-M.M APPROVED BY `..DATE APPLICATION IS HEREBY ',MADE: -7O -TRANSFER HARBOR PERMIT -- 0CH'D _. ❑ - - ENG. SELLERS' NAMES) BUYERS' NAME(S) - (ABOVE NAMES TO BE TYPED) i (� COUNCIL -� - PUBLIC WORKS El SIGNATURE OF SELLER:SIGNATURE OF BUYER i ESCROI'II E -SIGNATURE OF SELLER -• S,IGNATURE INSREdTION APPLICATION APPROVED (DpfE) " ElCITY HARBOR COORDINATOR IAL-CONDITIO,IS; THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH.TITI.F 17 P O� ART . n cqc, FO VL CITE' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 December 12, 1990 Spring Mountain Escrow PO Box 9769 Newport Beach, CA 92658 Attn: Linda 1401LK Sirs: Regarding a pier permit transfer for the property located at 103 Linda Isle, Newport Beach, City Pier Permit No. 133-103: The structure was inspected on December 11, 1990, at which time it was determined that it conforms to City standards. When we have received the pier transfer card, signed by both the previous owner and the new owner and the $275 transfer fee, we will transfer the pier permit. Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach STATUS tkET HARBOR PERMITS _ TRA -1 F£R 3 (ll C ......_..LOCATIONS Seller � _Buyer_ Date Application Rec° v: G�'... Date -Fee . Rec'v: Aral Request for -Inspection Date Escrow Co C,9 tl 7 Esc ;Officer Escrow 0 l D nspection Maw REMARKS: Inspector's Initials_ e Cl r Y- n �X, /LtJ/n/' � v Oler W h � x iI' " noc je- 'l —L–__ _-. c -_ °o U 11 Pit a >'= i L �r job U / 3-)-(-4f3 e 'r �<,► Q oI w N F w p � R T � swceow <n•,s J ea o ® m a[s p.et M I C y� /o ®i I C I ry I T Y �.D k E 1 Lr wast -lorry Ewar NffWPoar 5AY CAL IiBMAtM y! r Jerry a S'O&,nd"",Vs are eXpressed in i0el and darrafe dep"As below Afeon Lower Low Wo¢er." sNox'r..st/m ra"?e of /O+%&V.. Horbor 4i7es oresect'roof o�'nle,Bob: -122/VA 4 C//AX/AICL - 2 91f � �, -z a' Il 23" A ' ExTEAJsoa /E"l2,Lj�i}D Li•Ui- �-�ar0 Tt� Ce(N FrN�rfad� r, 4 47/ AJ 3`It 47 of cX. --ANrfLaV Wt t e-fU cx-w- Z�o go,—w- /v 3 103 I 7-4 3 AJ 9 72 0 L/cA<v7'S X/Z 610 5<2AJlG 3 BG,-, ••%O ® A pptze SS , 1,03 / ?'���rvT<��,� Irl � � • f CO, I t,AC rO AW ' rA m �5_A_.t4L S HEPLY IV' ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 February 8, 1988 Trautwein Brothers Waterfront Construction ATTN: Mr. Samuel F. Kniss 2410 Newport Boulevard Newport Beach, California 92663-3798 Dear Mr. Kniss: We have reviewed your proposals for modified structures within Newport Bay for the following individuals: Tom=T�d es eon C�r�m=:gin William Shepard I!,y�Pna-�Fi>1�-iot> Tey:Loebe1 Dr. Rupert Rupre Mer -Un -No -rt -on Arthur Vtx�ell.;_ :B.azhara-:Absh-ke�r - -Arnold An4feP~6 n F d eteraman Richard Voit TMJ Ab.shd„r ACar*y:Riehards -. We have found these proposals to comply with the terms and conditions of General Permit No. GP004 regarding the installation and modification of structures in Newport Bay. If you have any questions regarding this matter, please contact me at (213) 894-5606. Sincerely, (lclUCi' ' rth Coast Section i INSPECTED By PR 3 .69�/ a iv c �M W. 7 ,. .5400 t z laic 2 343 - h93 m A IRME, GATE �sv J A �, IED Co -7, Cl T Y mir N"R aw OXY, /2j/ylP V x� r-)'UGIe- 4e) 11 so�3� L " T Cer each co l I a W. Ly ' NfW/IR/ C*r .4 � R i O dALdOA /IfL ,flrN. Q /dLANp D ,o e )sesmI C iG 60, Cava— , ,. O ^ 1 p[{ MA,C VICINITY SKETCH WfiIJiT/r Cw,r Nrwioar b.uY C,at Ii'oalv/q y! / i Jsfry NO— Souhdnys ore L-A,pressed in Aeey, one denofe o'vplhs below tileor! Lower Low WaX&r. Maxn..us ronye of f/O "eef Norhor �.:7es ore eaio6/r'shead in 7�h:s , secfion of'M4ffw,~1 Bar. � 102 / VA 74F CJS) x1 A) L4 4 1 I 291f L l- za1.11 Z3E*- 40 19 a D I> cj E�CTEAX1i3ug r►- co � 4s � %w ' L�AJ Aprf D, c! L Wt b--/- , dcx..lc 2`^'o I 1 I 103 1 1 G L / CA.vTS Gar; /0 3 Btk, --" 7,eAcr: ✓oB ADDzcss , /� L I x)O/1 IS I_ %/Zf1U 'E/t/ / r2•o �rr -rc DA COAlr'VACroC . r"of fair a Z��� ,r. O HARBOR PERMIT PEflMiS5aQB l i5 3 y GRANTED TO CONSTRUCT AND IRAINTAIN THE FACILITY S�5�►�' N 0 N TH�" REVERSE HEREOF. AT Toil SITE E a�ATED, S & �z day Q4fn 8�Ba�^ 01F ��T� 3Ai� THE HARSaR PF -T §T POLIC'M 'STED HEREON. 15 NC.JT VRANSFER".c�>fi LE eAs+dTJh OUT THr- 4"d A"Y SPECIAL CON0974ONS k" —CONSENT OF 1.14E CITY 3if0aT dsC�dDRJ# I'ER "rjjjS ��ia:Tojn OR AND THIS PERMIT MAY t±f RF-Va�PF—Rp*jjT ARE PERM6SSIVE 014" �s�0 i3Y 'T68� CITY 1C�t@.ODE- IN ACCORDANCE iR!#'�H TITLE 17 F THE mu � a�.�a. CODE- IN 11, p TAt �p' . ; wry^ l^ �tl 'fD 5�' SL e. .. � - t- ' county Permit other Agenda Item No. F-12 CITY OF NEWPORT BEACH Y Marine Department December 14, 1987 TO: MAYOR AND CITY COUNCIL / l� C� FROM: Marine Department - SUBJECT: HARBOR PERM, ITAPPLICATION 133-103 BY ARNOLD ANDERSON TO REVISE THE RESIDENTIAL DOCK. BAYWARD OF 103 LINDA ISLE. Recommendation_: If desired, deny the application.. Discussion: This application is before the City Council as required by Section 5.B of the Harbor Permit Polic e.s,.which states: 5.B. "Prior approval, oft 'the City Council will be required before the Marine Department may issue any permit that does, not conform to the Standard' Drawings and the adopted Harbor Permit Policies". The applicant proposes a revision to his existing residential dock. The revision, as depicted on the attached diagram, indicates that the applicant wishes to add an additional slip to the already existing slip bayward of his residence at 103 Linda Isle. Once this addition was completed, the applicant would have two slips bayward of his residence. Harbor Permit Policy, Section 1, E. states: 1.E. "In R-1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot." The revision as proposed would be in violation of this section of the Harbor Permit Policies. In the past the City Council has uniformly denied requests for more than one slip bayuward of R-1 zoned areas. David Harshbargex Marine Director Tony, Me17m, Tideands Administrator . . , �, ;. ,��a �� .:. ,: -CODE ORDER NO. SPRING MOUNTAIN ESCROW CORPORATION DETACH AND RETAIN THIS STATEMENT Corporate Trust Account DATE DESCRIPTION AMOUNT 6-15-87 Escrow No. 103 Brabbs/Anderson PPtY. @ 103 Linda Isle Newport Beach, Ca $230.00 transfer fee for pier permit # 133-103 230.00 new owner: A. Garq Anderson (completed and executed transfer card attached hereto)_ i LOCATION Id 3 PERMIT NO. Sel Ier Buyer , tll� gWir.•. .'_I� . DateApplication Received; Date Fee Received: • 7— Request Request fear Inspection made by: Escrow Co. z Escrow Officer' �,cw�%�i,�-� Escrow Address K vc 9L S Pine: —� S Da}e Inpespectr �p/a� Mi on made: rru✓^`m j'/r yi e.+,�" e . Deficiency Letter sent: Deficiency corrected: - Transfer completed: Date Inspection: I. Location 4. Structural:��. 5.OTHER: REMARKS• Inspected by �� " e� { „i 77 i► 1C /33 I _ JARDopE P-}4EA 11 D L F- �o c�i . O t' .., <, 0o N a 0 �ACBOR r(G ®dgC'.v /3cANp D c e I 4PI �- Cl .V 1 C I N I T Y S k E T C N w':f JErrr A ERJA N: wPORT 54Y CA! woRN/A �^y c^ p^ i- I 6 C. 1 49L- So4nd/nq5 ore &A,-icssd-o` /n, reef ono' Jeno-le depAAs below Alcorn Lower Low Wo.- A10'rill"Uo” range of fide QPP'vx/e»o,9/y /O -Cee% Harbor lfi7e5 Ore esivbJ/'gb,ed to 'A's secfron of Newport Bor ti Y.. �Z7.� i I _I ..oa > t1J p si cS3Z'oo� __. —Woz, L. Dry FJE'G LJ 10? LINDA fl'Etc F-'a,c--r i rte°, MA('a044t-L PUFF 1.4> SEW PO ° CITY OF NEWPORT BEACH C'¢CI cr9 ftN�P 'May 13, 1987 Spring Mountain Escrow 3388 .Via Lido #500 Newport Beach, CA 92663 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 133-103 for the property located at 103 Linda Isle' Newport Beach, California. The structure was inspected on 5/12/87 at which time it was determined that the following deficiencies exist:. 1.Since there is no electricity or plumbing to the pier, there are no deficiencies to be corrected. 2.As soon as we receive the signed and completed transfer card and $230 in transfer fees we will transfer this permit. 3. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from. the, Building Department of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, Tony Mel M, Tidelands Administrator City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES -'0S -y' n0� �9 sqy9G December 14, 19137 INDEX C ROLL ALL J. CURRENT BUSINESS: 1. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL Cncl Stndg/ STANDING AND AD HOC COMMITTEES; AND Ad Hoc Cmts JOINT GOVERNMENTAL COMMITTEES. Motion x Motion was made to appoint the All Ayes following: I. COUNCIL STANDING COMMITTEES A. Pending Legislation and Procedural Ethics Committee 1. Chairman, City Attorney 2. City Manager 3. Council Member Donald Strauss 4. Council Member Clarence Turner B. Underground Utilities Coordinating Committee 1. Chairman, City Manager 2. Public Works Director 3. Council Member Phil Sansone C. Water Committee 1. Chairman, Council Member Phil Maurer 2. Council Member Phil Sansone D. Appointments Committee 1. Chairman, Mayor Pro Tem Evelyn Hart 2. Council Member Clarence Turner E. Budget Committee 1. Chairman, Council Member Donald Strauss 2. Council Member Clarence Turner F. Off -Street Parking Committee 1. Chairman, Council Member Ruthelyn Plummer 2. Council Member Clarence Turner Volume 41 - Page 487 CITY OF NEWPORT BEACH COUNCIL MEMBERS LL CALL ZF �� December 14, 1987 Motion All Ayes Motion All Ayes Motion All Ayes W:M MINUTES Council Member Plummer stated that she would like to call up Use Permit No. 1421, which was heard by the Planning Commission on November 19, 1987, but was advised by staff that the appeal period expired on December 10, 1987, and therefore, motion was made to receive and file the subject report. 2. Proposed resolution establishing the Rules and Regulations for Beach Volleyball, with report from Parks, Beaches and Recreation, was presented; and Report from Public Works Department recommending approval of ENCROACHMENT AGREEMENT FOR RAYMOND 0. VINCENTI concerning nonstandard improvements on public property located bayward of 119 Via Lido Soud; and authorizing the Mayor and City Clerk to execute said agreement, was presented. It was recommended the foregoing items be referred back to staff, and therefore, motion was made to approve said recommendation. 3. Report. from Marine Department regarding HARBOR PERMIT APPLICATION for Application 4133-103 by Arnold Anderson to revise the residential dock bayward of 103 Linda Isle, was presented. Arnold Anderson, 103 Linda Isle, addressed the Council in support of his request to revise his existing residential dock. He stated that he wishes to add an additional slip to the already existing slip to accommodate a .48' long boat and use ,the present dock for small boats. It was noted that pursuant to Harbor Permit Policy Section 1.E., "In R-1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot." In view of the foregoing, motion was made to uphold staff's recommendation and deny Harbor Permit Application No. 133-103. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None Volume 41 - Page 486 PB&R/Volly- ball Regs (62) Permit/ Vincenti Encrchm (65) Harbor Perm Apli#133-103 Agenda Item No. F-12 CITY OF NEWPORT BEACH Marine Department December 14, 1987 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 133-103 BY ARNOLD ANDERSON TO REVISE THE RESIDENTIAL DOCK BAYWARD OF 103 LINDA ISLE. Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by Section 5.B of the Harbor Permit Policies, which states: I S.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies". The applicant proposes a revision to his existing residential dock. The revision, as depicted on the attached diagram, indicates that the applicant wishes to add an additional slip to the already existing slip bayward of his residence at 103 Linda Isle. Once this addition was completed, the applicant would have two slips bayward of his residence. Harbor Permit Policy, Section 1. E. states: 1.E. "In R-1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot." The revision as proposed would be in violation of this section,of the Harbor Permit Policies. In the past the City Council has uniformly denied requests for more than one slip bayuward of R-1 zoned areas. David Harshbarger Marine Director Tony Mel7 /�W� Tidelands Administrator Cl r Y oma` Nzvoo pr BEACH l o� Cr LWg Scam 14 by �,,...,.._., M Ll.� .vfuJl•RT '�'' '� � R T � •wcdoA /J<L ,ffrN Q o ,scw�.o p 0.4 �I I73 (- c ie tl; c•e..v. O C I, f.q,V VICIMITY SKETCH ,,.�srisrrr 3 cw,� Newvoar aAY, Cat ii'o%tNiq yr Jerry �/24 r�1L� VtFAX Sound)ng are eXpwessed in �ee� and davno/e 1 �� 30� Hoy11 dep1'hs below Neon Lower Low Wofer. A40r-'MvU-1 range of fide to,%ef !Harbor 4.7es ore es�ob/fished ,n �h:s , seeliorT 010/Vew,~/ So,: r, 29 - ¢ Z 4 ,pEtoc ty A D L) % 1 �XTEit�SYJ3ti=s - i I I I I 4 - 47f 47. p1' Lam ! 3 �2e� CA417?7 /o/ ioZ I 103 � I I o �3 972-4(0 L/cAA-,r5 : Xlevo AIPE,, -5,n Ai 407-V/03 BLK, 7,eACT": 4003 ._ .�/Gf?,NEic/ fir? o ./oa A©Deess , 103 L ooA Xri _ COAJrvAcraad%xA,wt 1, lrs Z?A,i a�w 1 ;! I i�!1'$?v'�rVif�iktdt' ^Yl, r*d �1'd`iY ADDRESS OF PROPOSED-FAGI.LIiT 103 Linda Isle —T7ELEPH,-;';c -O. FEE CHECK NO. I DATE __J989-7556 X150. 2295 111/5/87 _ �PPLICATION .,�,.�,/IS HEREBY MADE FOR A,7 HARBOR PERMIT rO X4XmCgY'R R E V I S E A -:b E) a t djo—e AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CI7Y OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Trauto_i n Bros W ter-f.r�.n_t-_C.or�1twY DATED 11/5/87 1� 7 ----- DATE 11/5/ 7 SIGNATURE/ ---�-[.G '— Arnold Anderson MAILING ADDRESS 103 Linda Isle N.B. APPROVED BY; DATE ❑ OCHD ❑ ENGR y COUNCIL PUBLIC WORKS DEPT. ESCROW r ❑ 'INSPECTION -- SPECIAL.CONDITIONS. ADDRESS OF PROPOSED-FAGI.LIiT 103 Linda Isle —T7ELEPH,-;';c -O. FEE CHECK NO. I DATE __J989-7556 X150. 2295 111/5/87 _ �PPLICATION .,�,.�,/IS HEREBY MADE FOR A,7 HARBOR PERMIT rO X4XmCgY'R R E V I S E A -:b E) a t djo—e AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CI7Y OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Trauto_i n Bros W ter-f.r�.n_t-_C.or�1twY DATED 11/5/87 1� 7 ----- DATE 11/5/ 7 SIGNATURE/ ---�-[.G '— REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 y February 8, 1988 Trautwein Brothers Waterfront Construction ATTN: Mr. Samuel F. Kniss 2410 Newport Boulevard Newport Beach, California 926633798 Dear Mr. Kniss: J u We have reviewed your proposals for modified structures within Newport Bay for the following individuals: Ton Tedesco Gary Hamilton William Shepard Myrna Elliot Terry Loebel Dr. Rupert Rupre Merlin Norton Brian Mock Arthur Vitarelli CR arbara Abshier rnold Anferson red Peterman ichard Voit J. Abshier Gary Richards We have found these proposals to comply with the terms and conditions of General Permit'No."GP004 regarding the installation.and modification of structures in Newport Bay. If you have any -questions regarding this matter, please contact me at (213) 894-5606. STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 , (213) 590-5071 Date:_ January 22--, .1988 TO:- Trautwein Bros. Waterfront Const. 2410 Newport Boulevard Newport Beach, CA 92663 SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments—Section 30624.7 of the Coastal Act Based on. your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for Coastal Development Permit pursuant to Section 13238.1, Title 14, California Administrative Code.. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. WAIVER #_,5-88-008 APPLICANT: Arnold Anderson LOCATION: 103 Linda Isle NEWPORT BEACH PROPOSED DEVELOPMENT: Modify an existing residential dock by relocating it within the property lines and widen it by 2 foot. Also, both fingers by 9 feet within the U.S. Pierhead line. RATIONALE: The project complies with residential dock construction of Newport Beach, issconsistent with the City's certified LUP, the Coastal Act and the Commission's previous actions. This waiver will not become effective until reported to the Commission at their February 23-2.6, 1988 , meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the Administrative Code. The -enclosed Notice Card shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will ho ranuirpH 34 by: CHARLES DAMM South Coast District Director cc: 'Commissioners/File PG:nw 4783A Cl T Y oa /INET pavr BEACH a 9x, 12A In --T w � '} IJ., II li�i II I II I I Ve7Q--' C/o CITY IVALL 33F'd kOWPORT OLM � h'Pi,IHT BEACH. CA 92603 57 1 4f' roeh 'l <,o Ia r oN ,,t, a o, E ? w ,o o T Q ,vr..��.rr " oma+ R Q JwcOow w,« �N /scwNo D ' r � C O C 1% I[L MO( V I C I IV I TY S K E T C H "":r'Arn'' � CASe NewPoorr bAY Cat IFoaNIA yt Jsrrr w SOuhd/n9s ore expressed in &CY, and deno/e dipVIAs below nreorT Lower Low Wolter. ib OW-PU— ronye ale' Jr*d4 Gpprox/�rsoi./Y /O ,^ref J�lorbor //iTes ore eado6/.'Shod in Y'A:s , se&boo of'NewPorf Bo): r� Ac / ° .foo 3 Bys EE ECTYVE em ,�4 p 972 Wo APPL,lcA,L1rS ea7-; /03 61-14e, 7-,ZAC7".' ¢06.5 ✓oa ,QOD,pEs5; / 3 L,Nv� /r/ -e Co IrArA C roC f r,4,#t 1 _`Z Zoe `I z3f. 291f I4 -.� {I ' ExTE,Usr Niot tl I I'1 II I r 11 � I I I I O I j 4RX A,# Zr 3',c20� CA IJ -re L a'V, e% AAAA Office cJr (7,'I'V vh --ejawl oast District oo, Z I ry PerM t No. r� Ac / ° .foo 3 Bys EE ECTYVE em ,�4 p 972 Wo APPL,lcA,L1rS ea7-; /03 61-14e, 7-,ZAC7".' ¢06.5 ✓oa ,QOD,pEs5; / 3 L,Nv� /r/ -e Co IrArA C roC f r,4,#t