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HomeMy WebLinkAboutM2012-00084e �, �yN �-sr�rr.s os N�Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Don McCalla 105 Linda Isle Newport Beach, California 92660 Dear Mr. McCalla: August 15, 2014 I am replying to your application (File No. SPL -2014 -00464 -SME) dated June 17, 2014, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged or fill material into waters of the United States, in association with the 105 Linda Isle Maintenance Dredging Project. The proposed work would take place bayside of Linda Isle in Newport Bay within the city of Newport Beach; Orange County, California (Figure 1). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54, including terms and conditions related to ocean disposal of dredged sediment, is available at http://,,vww.snl.usace.army.mil/Portals/17/does/regulatory/RGP/RGP54 pdf. Specifically, you are authorized to dredge up to approximately 546 cubic yards of sediment from approximately 0. 11 acre of non -wetland waters of the United States using an excavator,. barge, dump scow, and tug boat and dispose of the dredged material at the LA -3 Ocean Dredged Material Disposal Site (Figure 2). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 20, 2015. 2. Anew pre -construction Caulerpa (Caiderpa taxifol a) survey shall be conducted in accordance with the Caulerpa Control Protocol (httn://www.westcoast.lisheries.noaa.aov/publications/habitat/cauleMa taxifolia/caulerpa contr of protocol 4 ,pdf) and submitted to the Corps Regulatory Division before project -related activities commence. Furthermore, a pre -project eelgrass survey shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (htto://www westcoast.fisheries.noaa.gov/publications/habitat/califomia eelgrass mitigation/eel polrev l l final.pdf) and submitted to the Corps Regulatory Division before project -related activities commence. No work shall be conducted until a Notice to Proceed is issued by the Corps Regulatory Division. 3. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatory Division a post -project implementation_ memorandum including the following information: A. Date(s) work within waters of the United States was initiated and completed; B. Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); and C. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches. 4. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213-452- 3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory . Division re -authorizes project construction, per 36 C.F.R. section 800.13. Thank you for participating in the Regulatory Program. If you have any questions, please contact me at 213-452-3660 or via e-mail at Stephen. M.Estes@usace.army.mi1. Please complete the customer survey format http://coa2smEu.usace.army.mil/cm apex/f?p=regulatory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, k---<:: Stephen M. Estes Project Manager Orange and Riverside Counties Section South Coast Branch Enclosures CU _ '��+ s{d `,.. �° �` 'fir' < �r`V t'r''„!•�� y r Qs t r r 1 �. `'' r� �� - _ '• dry •q 'ti ,� .� � ate* r`�+ L k, _.?�.. wo in Ularine*raver 10, 4 t �2FjV�s� tFy }._ .V�� � t£ i � � f �-t,'• �Y .N `_• �• �r r 27 J A�l 'NO; m •x fid, r r ! . $�• �U�s,: t � � ' S , � Abd ' �a t r� >~ -- ✓� q r ti.` •� - . �f Z7 a �. 1. iw sit a 5 l •'.'4 y t- _-FSj :.x 8. � e •r FU POf11Qi1S��V�e J'♦ ;� +� � ']n>MM��,q� ;4' Y�L '4 . .�-_ ,< �. rIt L_j';"`, C G r Pia'cenfiaAve N v ,711 LL Z_ r , tc fry in um ol J, lot— P'4-.'' Ti�Afiffi"�C •(f 1l. ,..: )i". ?�., t. - . _ _ > � may` �'M �.i �� Cl) (i�iit(�co r o VD to r W V o a 4 C� X O M �' a D � b N Q) d � r !ri Q ca Q N — t CD O (A rrrl Q Q i — ►'-+ Q �x gnu. V 0) O Q (b $ ti Z O EEL GRA15 �.w m Cl Eelgrass within 15' of project'RESOURCES, d , , } ,-a � up 'R S� U C DIV, o !%LEeigrass within 15 - 30' of prole �we rc Lv 0 m i`Upt sS Irl roject rea fi�j OF NEWPORT BEACH r ..�.�a Signature t €r Inspection late &Ti m Qr^ W d.. vl ♦ {S. w q CL Cp V 0) O 4 (b $ ti EEL GRA15 1. m Cl Eelgrass within 15' of project'RESOURCES, d , , } ,-a � up 'R S� U C DIV, o !%LEeigrass within 15 - 30' of prole rc Lv 0 m i`Upt sS Irl roject rea fi�j OF NEWPORT BEACH n ..�.�a Signature t €r Inspection late &Ti m �a s r= w q STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 0Long Beach, CA 90802-4302 June 24, 2014 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DREDGING Dear Mr. Miller: Commission staff has received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant - Site Address Beach Ocean Cumulative Eelamss Present Comments - - Disposal Disposal Total= for 2014 between 15 - 30 Feet Eelgrass Survey - Qty'(cu.yds) _ Qty'(cu.yds) ofdisposal Date/Expiration"; - footprirrt?§ Caulerpa Survey Date/Expiration"' City of Newport Beach Balboa island: Public beach at North Bay 431 0 No Eelgrass Survey Front at Grand Canal 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) City of Newport Beach Balboa Island: Public beach at East Bay 833 0 No Eelgrass Survey Front at Park Avenue 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 EXPIRES 6/27/2014) City of Newport Beach Balboa Island: Public beach at South Bay 667 0 No Eelgrass Survey Front at Amethyst Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 EXPIRES 6/26/2014 City- of Newport Beach Balboa Island: Public beach at South Bay 1000 0 No Eelgrass Survey Front at Marine Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014) City of Newport Beach Balboa Island: Public beach at South Bay 850 0 No Eelgrass Survey Front at Jade Avenue 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/2912014 (EXPIRES 6/27/2014) City of Newport Beach Balboa Island: Public beach at South Bay 1000 0 No Eelgrass Survey Front at Abalone Avenue 3/29/2014 (Expires 7127/2014); Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) Not to Exceed 1,000 cubic yards per dredging and beach disposal event ' Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event # Not to Exceed 20,000 cubic yards per year If "Yes" then if eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. " All eelgrass survey/mapping efforts must be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed in August - October. A survey completed in August - October shall be valid until the resumption of active Fowth (i.e., March 1). t Caulerpa taxifolia surveys are valid for 90 days from date of survey Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 3 City of Newport Beach Balboa Island: Public beach at South Bay 917 0 No Eelgrass Survey Front at Diamond Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014 City of Newport Beach Balboa Island: Public beach at South Bay 867 0 No Eelgrass Survey Front at Coral Avenue 3/28/2014 (Expires 7/26/2014); Caulerpa survey- 3/28/2014 (EXPIRES 6/26/2014) Philip Doane 1302 — 1316 East Bay Avenue 723 0 No Eelgrass Survey (RESUBMITTAL UNDER EXTENSION) 4/16/2014 (Expires 8/14/2014); Caulerpa survey 10/28/2013 (EXPIRED 1/28/2014) City of Newport Beach Balboa Island: Public beach at Turquoise 611 0 No Eelgrass Survey (RESUBMITTAL OF Avenue and South Bay Front 2013 PROPOSAL, (Expires Ex 3!28/2014 ires UNDER EXTENSION) 7/26,2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014) City of Newport Beach Balboa Island: Public beach at Grand Canal 144 0 No Eelgrass Survey at South Bay Front 10/20/2013 (EXPIRED); Caulerpa survey 10/20/2013 (EXPIRED) David Shockley 517-537 Via Lido Soud 603 0 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Abbott Ayloush 915 Via Lido Soud 140 0 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Carl & Mary Raymond 40 Linda Isle 0 502 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20 1 43 (Expires 8/14/2014) Andy Crean 92 Linda Isle 0 787 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/20 14 06ri Sari"cfy iFcCalla 1051inda Islo0 546 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) Kevin Moriarty 2782 Bayshore Drive 0 455 No Eelgrass Survey 5/14/2014 (Expires 9/11/2014); Caulerpa survey 5/19/20143 (Ex ires 8/17/2014) Sub -total 8786 2290 Condition Compliance - 5-06-117 Consistency Certification Compliance - CC -031-06 Page 3 of 3 Year-to-date total 10551 2290 12541 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on Decemher 20 2015 and that all authorized work must be completed prior to that date. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. -Mark Delaplaine at (415) 904-5200 Sincerely, Karl Schwing Coastal Program Manager Orange County Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Steve Estes, U.S. Army Corps of Engineers CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES June 17, 2014 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 -Dredging Application Submittal Enclosed is a dredging application for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233-13PS) and the Regional Water Quality Control Board General Certification Permit, $77 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to contact this office with comments or questions, 949-644-3044. Raymond- 40 Linda Isle Crean- 92 Linda Isle McCalla- 105 Linda Isle Moriarty- 2782 Bayshore Sincerely, S� Lisa Walters 829 HARBOR ISLAND DRnrE, NEwpoR T BEACH, CA 92660 P (949) 644-3034 1 'F(949) 723-0589 1 WWW.NEWPOR T BEACHCA.GOv Applicant Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES DREDGING APPLICATION CITY CHECKLIST t Project Site Address: I ob u"L fi , ® Applicant address, phone number �I Agent & Contractor name, address, phone number (if applicable) Project site address Assessor's parcel number ® Dredge site latitude and longitude ® Disposal site: ❑ Beach disposal latitude and longitude ® Ocean disposal LA -3 Bl Purpose and final goal of dredging fel 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) �I Site address © Location within the Harbor 829 HARBOR ISLAND DRIVE, NEWPORT BEACH, CA 92660 P (949) 644-3034 1 F (949) 723-0589 1 WWW.NEWPORTBEACHCA.GOV Page 2 0 Location of existing dock structures 14 Location of existing dock structures on adjacent properties ® Location of Bulkhead, Pierhead and Project Lines Dredge depth (limited to -7 MLLW with a 1' allowable overdraft) 7 Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) ® Eelgrass Survey © Survey for presence of eelgrass within 30' of the entire project area ❑ Yes ❑ No Eelgrass within 15' of entire project area. Project not permitted. If ocean disposal and eelgrass is located greater than 15' from the project area, then no further monitoring required ❑ If beach disposal and eelgrass is not located within 30' of the project area, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: Q Eelgrass Stamp Caulerpa Survey Survey for Caulerpa within 30' of the entire project area Grain Size Analysis (1) sample per'/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) ❑ Beach disposal: ❑ Sample(s) must be at least 80% sand, or; ❑ At least 75% sand and within 10% of the sand content of the receiver beach ® Ocean Disposal: ® Sample(s) must be less than 80% sand Page 3 ® Project is over (check one box): ® City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) �I If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ISI Linda Isle owner's approved area Check made payable to The City of Newport Beach �l Check for $77 made payable to Santa Ana Regional Water Quality Control Board Signed application ❑ Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) Don & Sandy McCalla 105 Linda Isle Newport Beach, CA 92660 Atlas Engineering 837 W 17th St. Costa Mesa, CA 92627 949-525-2689 C Dredging Application & Survey for RGP 54 for the City of Newport Beach Report Prepared 5/30/14 Hydrographic Surveyors, General Engineering Contractor, Inspections, Marine Services &Equipment 837 West 17`x' Street License # A850635 Costa Mesa, CA 92627 PLS # 4278 ACSM # 0221 PH 949-525-2689 0 FAX 949-597-8518 atlas-engineering@sbcglobal.net Table of Contents 1. Application 2. Plan View 3. Plan View With Ariel 4. Cross Section 5. Eel Grass/Caulerpa Survey 6. Soil Sample Analysis 7. Low Tide Picture Hydrographic Surveyors, General Engineering Contractor, Inspections, Marine Services & Equipment 837 West 17"' Street License # A850635 Costa Mesa, CA 92627 PLS # 4278 ACSM # 0221 PH 949-525-2689 ♦ FAX 949-597-8518 atlas-engineering@sbcglobal.net CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Harbor Resources Division Dredging Application Regional General Permit 54 Corps File No. SPL -2011 -00249 -SME CDP 5-06-117-A2 & CC -031-06 Water Board Consistency Permit Expires March 31, 2014 int Name, Address, Phone Number: CD \ p� & Contractor Name, Address, Phone Number: 5\rVvLk 6� v�) i�i "� Sk ,Gas MPSI A-vv�l ieyl0 111 �l sem_ Assessor's Parcel Number: oject Site Address: Iblill Livia 050 �51t�� redge Site: Latitude Longitude isposal Site: Latitude E::� Longitude ❑ Beach Disposal ;IZI Ocean Disposal (LA -3): Latitude 33 31'00"N Longitude 117 53'30"W urpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): rvim, Y)AVIO). trvk Wo GVL,,,w, a CM � by 1 -Vita Aethod of Dredging (Hydraulic, Clamshell, Tractor, etc...): ' excav U WL17 Jessef(s) & Captain(s): -TO �6 U yl edl, g Operations Inspector: I`IY✓t C y 0-r, y I Operations Inspector: tirn -�v VYL'V--- Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 i ubic Yards Dredged and Disposed (Must be less than 1,000cy total): l.(/ v�� rea Impacted (in acres): I I F �V'fls Beach Disposal, Linear Feet of Affected Beach Area: timated Quantity of Material Dredged from or Disposed Onto the Site i )m Previous Activities: I� edging and Disposal Operations Schedule: Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. incomplete applications will not be processed. Scaleb drawings of the project and disposal areas (plan view and cross sectional view) Site address Location wTi hin the Harbor Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) Location and physical dimensions of existing structures of existing structures on adjacent properties. Location of Bulkhead, Pierhead, & Project Lines Dredge depth (limited to -7MLLW with a 1' allowable overdredge) Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass Eelgrass Survey- Completed by a Certified Eelgrass Diver A. Survey for the presence of Eelgrass within 30' of the entire project area (dredge & dispose site) B. If Eelgrass is within 15' of project area, then the project will not be permitted via RGP 54. C. If ocean disposal: •Any eelgrass must be located greater than 15' from the project area *No further eelgrass monitoring is required D. If beach disposal: elf eelgrass is not present within 30' of the project site then no further monitoring is required. •If eelgrass is present 1S'-30' of the project area then pre- and post -monitoring is required. 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 Project is over (check one): ,�1 City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) >4EL If applicable check one box: ❑ The Irvine Company owner approved area ❑ Bay Island owners' approved area ❑ Dover Shores owners' approved area .�K Linda Isle owners' approved area Check for $1,690 made payable to City of Newport Beach Check for $77 made payable to Santa Ana Regional Water Quality Control Board Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Dredging is not 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. byll (Applicant / Agent), hereby certify that the information on this application is accurate 5-06-117-A2 &Federal Consistency CC - and complete. I also certTfy that I have read the California Coastal Commission Permitstency Certification li 031-06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) and the California Regional Water Quality Board General Certification for Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that I will comply Control rd conditions rt those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the with all oftBoa site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by March 31, 2014 after which a new authorization is required. I also han 30 ndar understand that the applicant son of each chedulled submit be completed before 7:00 AM or after 6:00 PMt(Monday — Saturday)sor ton Sundays er 'or holidays dredging project. All work s 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. re Updated January 2013 f, Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 new portbeachca.gov/harborresources (949)644-3044 June 10, 2014 Lisa Walters City of Newport Beach Harbor Resources 100 Civic Center Dr. Newport Beach, CA 92660-7206 RE: Linda Isle Community Association — Dredging of Private Boat Slips Dear Lisa Walters: Due to the uncertainties of when the Linda Isle Lagoon dredging project will commence, the Linda Isle Board of Directors has recommended to homeowners that they proceed with dredging their slips as they are able and currently include the following addresses: 40, 41, 48, 81, 86, 92, 102, 103, 104, 105 Linda Isle. Thank you again. Should you have any questions or need additional information, please do not hesitate to contact meat (949)838-3229. Sincerely, At the Direction of the Board of Directors, Linda Isle Community Association Lisa Brannon, CCAM. Senior Community Association Manager lbrannon@keystonepacific.com cc: 40, 41, 48, 81, 86, 92, 102, 103, 104, 105 Linda Isle Professionally Managed by: Keystone Pacific Property Management, Inc. 16845 Von Karman Avenue, Suite 200 • Irvine, CA 92606-4960 • Tel (949) 833-2600 • Fax (949) 833-0919 www.keystonepacific.com n ��Illlum• 1M O N II �VC U W Nzr C.> I' a z 0 T 3 (D C) / ` q+ ` $A O 70 ozril kom w ?' 2 a so ° "C � a z `y rt ti L po 2 3 c2 Q n2 r— ::� O yr Q 3 a s o w 2 w ti rri° 0) O O ,per 3i 0) ,p r— c 2 � w Oro ,� a ro o rri .-Ib ti 1a O ZE s QD(b 0 Q (b of 0l O Q Q S� o �O tib Oro C3 r— O G ro (0 co o� 0) � n ° 8 q) 0) ❑ o c acy v�v 'Dv 2 anima m o ,�0 O IH O7D7 O Q 9.= m Z nAc o c ° �m N 0 o �o °=a3 v1 CLC, 9. D m W 305-..- 3 50 r 7FW II � D mO O N �w N O n O - m x !i O CD O O rt O -j � -. ;� D ���Illlu,,,• ,�a�T213W( I— Ego I r yd ZZ O r1io v ��� I y� y� DOOR CD D `�9 �C p DD �y� y� �N -Ns Q --A r z o o `OVc �� sa0rn CP it ? 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COZA _Iop O A N CFT W Co D D O O ° :e�N D_r O (�1 O O U 0 7 0 0- Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 Subject: Pre Dredging Eelgrass (Zostera marina) and Caulerpa Taxifolia Survey 105 Linda Isle, Newport Beach CA Summary: Eelgrass patches (Zostermarina) were observed in subject area noted above. Caulerpa (Caulerpa Taxifolia) was not observed in subject area noted above. This is a Pre Dredging report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists development projects by contractors like you to conduct activities in conjunction with best management practices (BMPs) concerning impact and management for promoting eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protect our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 PRE DREDGING SURVEY Page 1 of 17 V, wop DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive oNG st gvl� Long Beach, CA 90802 105 Linda Isle Newport Beach, California Atlas Engineering 837 W 17th St. Costa Mesa, CA 92627 Dredging Survey Report Prepared May 14, 2014 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE DREDGING SURVEY Page 2 of 17 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 CONTENTS Introduction 4 Location 4 Purpose 4 Survey Method 4 Bounding Coordinates 6 Description of Existing Habitat and 6 Conditions Findings g Discussion g Conclusion g List of Figures Figure 1. Location of 105 Linda Isle, Newport Beach, California ................................................................................................................. 10 Figure 2. Dive Transects, eelgrass presence, quadrat location and proposed dock slip ................................................................................................................. 11 List of Tables Table 1. Tides and Currents ................................................................................................................. 11 Table 2. Baseline Eelgrass Evaluation ................................................................................................................. 12 Table 3. Bounding Coordinates ................................................................................................................. 13 Surveys Caulerpa Survey ................................................................................................................. 15 Eelgrass Survey ................................................................................................................. 17 PRE DREDGING SURVEY Page 3 of 17 Introduction 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 Please note, as is typical of eelgrass in Newport Harbor, conditions will vary at any time. This survey was completed within the eelgrass growing season and per the Southern California Eelgrass Mitigation Policy (SCEMP). Impacts to eelgrass were difficult to assess due to the size of the survey area. Two divers spent considerable time diving and mapping taking quadrats where possible and were conducted based on visibility, depth, and tidal flow (current). Existing dock system has been in place more than 10 years. The proposed dredging has not been conducted at time of this survey. (Refer to Figure 2) This is a Dredging Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. Location Client at 105 Linda Isle, Newport Beach, CA proposes to dredge dock slips to increase depths for vessel draft. (Refer to Figure 2). Purpose This is a dredging survey report addressing one of the requirements under the SCEMP to establish a baseline for the density and extent of eelgrass for the purpose of evaluating future proposed impacts on existing natural habitat, in particular eelgrass within the waters of the United States (U.S.), in Newport Harbor, California (Refer to Figure 1). Please note that this survey report is not a scientific research paper. This report is provided to a private individual with limited resources for the purpose of obtaining the required Coastal Development permits to float a dock into place and comply with the SCEMP. Survey Method Survey was conducted on May 14, 2014, beginning at approximately 1100 hour. The survey day was sunny, air temperature was 90° Fahrenheit (F), water temperature was 63° F. Pursuant to SCEMP, Section 3 for "Mitigation"', eelgrass habitats and potential habitats were measured. Determining sample size is complex. The dock slip was reviewed from the surface and a 1 The project applicant shall map thoroughly the area, distribution, density and relationship to depth contours of any eelgrass beds likely to be impacted by project construction. This includes areas immediately adjacent to the project site which have the potential to be indirectly or inadvertently impacted as well as potential eelgrass habitat areas. Potential habitat is defined as areas where eelgrass would normally be expected to occur but where no vegetation currently exists. SCEMP 1991. PRE DREDGING SURVEY Page 4 of 17 L� wORr 4 sus DIVE WORKS (949) 759-0773 105 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA or��vG st.[�0, Long Beach, CA 90802 Dredging Survey May 14, 2014 determination of sample size was completed prior to conducting the survey. Sample size was confirmed after a thorough evaluation of potential eelgrass habitat within project site had been completed. No additional quadrats were felt to be needed to provide reliable survey results of the potential impact area and changes that could occur in the future. A total of 9 quadrats were placed in approximately 12,920 square feet (3,938 meters square) of the sample area (i.e., dock slip + adjoining properties either side of Clients property lines, see Figure 2). The sample size was believed to be adequate because of the pattern of the eelgrass near the shoreline. Expected eelgrass patterns, although ever changing, are expected to be fairly similar over time. For the potential impact area under the gangway and around the dock slip (eelgrass is not in area of existing dock slip), the sample size is 0.7 percent (9 square feet sample size/ 1,170 square feet area of potential impact). (Refer to Figure 2). Thus, the largest sample areas would be where it is important to measure impacts around proposed dredging area and the eelgrass (potential) habitat. Determining location and placement of 9 quadrats as per requirements of SCEMP is complex and must be completed using numerous considerations, in addition to considerations of habitat suitability, primarily in association with the level of expected impact from the proposed project. After an initial over -water and under -water review of the eelgrass area, quadrant locations were selected representing a range of suitable habitat, potential habitat and anticipated impacts to eelgrass habitat from within and around Clients dock slip. (Refer to Figure 2). As described above, a total of 9 quadrants were placed within the entire survey area (12,920 square feet). Each quadrant measured one square foot (0.3 meter) and was used to measure eelgrass density. They were placed in depths of 4 feet (1.2 meters), 5 feet (1.5 meters), 6 feet (1.8 meters), 7 feet (2.1 meters), 8 feet (2.4 meters), 9 feet (2.7 meters), 10 feet (3.1 meters) , 11 feet (3.4 meters), and 12 feet (3.7). Eelgrass in Southern California has been found in depths of up to 98 feet (27.8 meters)Z; however, eelgrass is primarily found up to 20 feet (6.0 meters) in depth in this type of sheltered intertidal habitat3, and therefore representative depths found within the dock slip were selected, including potential habitat found within the dock slip. Due to limited private individual resources, a basic assumption was made the eelgrass presence is considered to be the most likely area to support suitable eelgrass habitat within the survey area in the future. (Refer to Figure 2). Other considerations must be discussed as there are factors within this dock slip that appear to be limiting the growth of eelgrass beyond a certain depth (Refer to Figure 2 and the Discussion section of this report below). The survey area was delineated as 136 feet by 95 feet (12,920 square feet) and accounted for a minimum of 15' past Clients property lines. Diver transects were parallel to the sea wall and starting 15' feet out from end of dock slip fingers. The survey was conducted with 2 divers spaced approximately 1 foot apart. Lanes ran parallel to sea wall and the width of each lane was 5 feet wide with divers scanning approximately 1 foot on either side, thus 19 transects were conducted going out 95 feet from sea wall (Refer to Figure 2) covering the entire area to ensure >75% coverage of bay floor. A 1' square (0.3 meter square) grid was used to take 9 quadrant samplings. (Refer to Figure 2). 2 California Department of Fish and Game. State of Fisheries Report (2008). 3 California Department of Fish and Game. State of Fisheries Report (2008). PRE DREDGING SURVEY Page 5 of 17 -a wOjl� �s DIVE WORKS (949) 759-0773 105 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA 40n'�c Long Beach, CA 90802 Dredging Survey May 14, 2014 The exact location of the proposed dredging was designed with the anticipation to avoid impact to eelgrass roughly estimated in Figure 2. Based on this information, 9 qaudrats were placed in the expected areas adjacent to proposed gangway and dock slip and a minimum of 15' past property lines of subject property. As per the SCEMP and due to the size of the dock slip, other potential eelgrass habitats were also observed and found barren of eelgrass in what might be considered potential habitat. (Refer to Figure 2). All 9 quadrats were placed in areas where eelgrass is present and probably has grown for several years; exact length of time is unknown. The potential eelgrass habitat was surveyed and determined abiotic parameters are consistent with the existing eelgrass habitat. A review of any potential differences in the eelgrass habitat and potential eelgrass habit could be compared as both are comparable for the proliferation of eelgrass. Bounding Coordinates Bounding Coordinates for existing eelgrass are calculated as per requirements of SCEMP and are listed in Figure 3. Description of Existing Habitat and Conditions According to SCEMP, Section 3, "Mitigation", factors to be considered in delineating potential habitat areas include appropriate circulation, light, sediment, slope, salinity, temperature, dissolved oxygen, depth, proximity to eelgrass, history of eelgrass coverage, and etc. The data in this report is compared with the data of habitat in P.L.A. Erftemeijer and K.E. van de Wolfshaar (2006) report that describes minimum tolerated, optimum range and maximum tolerated conditions for Zostera marina eelgrass and personal experience of diving in Southern California Bays. (Refer to Dive Observations and Discussion below)4. Please note that in general, abiotic parameters are generally stable year around for this site location. Dive Observations of 105 Linda Isle: Depth: Depth ranged from 5 feet at sea wall to 12 feet at end of survey area at a length of 90 feet out from sea wall and 136 feet wide. (Refer to Figure 2). Appropriate Circulation: Circulation in this particular dock is likely similar to the circulation pattern in the main channel of the Newport Harbor because of proximity of this survey area to the main channel. Light: Within the dock slip, visibility was > 1 foot and murky due to particulate matter in water. The origin of the particulate matter is unknown, but is likely to be the same as the condition in the nearby Harbor channel. Sediment: The survey area bottom substrate was sand and dirt (sediment). 4 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III. Seagrass Habitat Model. 5 Richard F. Ford Ph.D. April 4, 2003. Recommended Options for Maximum Water Temperature Limits and Minimum Dissolved Oxygen limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay, Necessary to Protect Beneficial Uses PRE DREDGING SURVEY Page 6 of 17 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 Salinity: Salinity would be expected to be the same in the dock slip as in Newport Harbor. Temperature: Water temperature variation ranges from 590 to 62° F in Newport Harbor, California. Water temperature is likely higher due to shallow waters and extreme daily temperatures at time of survey. Dissolved oxygen: Hypoxia, which is generally defined as dissolved oxygen levels that are less than 2 to 3 mg/L and creates dead zones where this condition is present in some locations of Newport Harbor from water runoff of Newport Beach City. Dissolved oxygen in Harbor Waters near 105 Linda Isle, Newport Beach, CA can range from 4.2 mg/L to 10.3 mg/L due to several Abiotic factors. What is important here is this range is acceptable for eelgrass habitats. At time of survey dissolved oxygen was approximately 7.1 mg/L using the LaMotte Dissolved Oxygen Test Kit. The data in this report is compared to the data of habitat in Recommended Options for Maximum Water Temperature Limits and Minimum Dissolved Oxygen limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay, Necessary to Protect Beneficial Uses May 14, 2003, Richard F. Ford, Ph.D. 5 Please note that in general, abiotic parameters are generally stable year around for this site location. Depth: The depth of the eelgrass habitat measures between 7' and 9' feet and 2 eelgrass patches, while the depth of the potential eelgrass habitat measures 4-12 feet in depth. (Refer to Figure 2). Proximity to eelgrass coverage: The potential eelgrass habitat is located immediately adjacent to the eelgrass habitat so eelgrass has the potential to spread. Low Tide Exposure: Optimum conditions for eelgrass habitat include less than 0 to 5 percent of the time for low tide exposure. Due to the dock's location in the southern portion of Newport Harbor, the proposed dock slip would not have any low tide exposure. Slope: Slope descent increases as distance increases from sea wall. The slope of survey site bottom depth starts at the sea wall with a depth of 4 feet and slopes out 95 feet out from sea wall, where the depth is 12 feet with an overall slope of 8.4 percent (8 foot depth differential / 95 feet). The slope of the eelgrass covered portion of the survey area (2 foot depth differential / 40 feet from sea wall) is 5.0 percent. The potential eelgrass (eelgrass absence) habitat slopes from sea wall at 4 foot depth to 95 feet from sea wall at 12 foot depth (8 feet depth differential / 95 feet non-eelgrass extending out from sea wall) and has a slope of 8.4 percent. There is a 3.4 percent difference in slope between the eelgrass habitat and the potential eelgrass habitat since they parallel from sea wall to channel. The contour of bottom is a slow descent from sea wall out to the channel at a slightly increasing rate evenly paralleling the length of the sea wall within the surveyed area. Circulation: Please note that this tide information is not exact as circulation is difficult to estimate in the Newport Harbor because there are no gauges available in that area. However, circulation would be anticipated to be similar as in the Newport Harbor channel. Fauna: Observation included common species of Newport Harbor mussels on piles5 and common 5 US Army Corps of Engineers. Biological Report 82(11.84). Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates (Pacific Southwest); California Sea Mussel and Bay Mussels. PRE DREDGING SURVEY Page 7of17 round rays (Urobatis halleri; rays)s. 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 Other factors effecting eelgrass growth is visibility, dissolved oxygen, and water depth. Some areas of Newport Harbor show signs of hypoxia and no marine life exists in these areas due to water run-off from the city. A complete study of dissolved oxygen in Newport Harbor has not been conducted but having dived nearly 50% of the Bay since 1995 and observed large areas devoid of much of the marine life. The need to monitor and protect our marine life is paramount in Newport Harbor. Findings Caulerpa: No caulerpa was observed (see attached Caulerpa Survey Reporting Form). Eelgrass: Eelgrass was observed within the survey area. (Refer to attached Eelgrass Survey Reporting Form and Figures 2). This dredging survey found an existing dock structure within survey site. This survey was conducted and is based on proposal to within existing floating dock system (Refer to Figure 2). Eelgrass distribution was observed at 2 locations noted as Patch 1 through 2 as shown in Figure 2. Density and length throughout survey area was somewhat uniform, more exact measurements per each patch is listed in Figure 2, Table 2 and 3. After the 9 foot depth mark at 40 feet from sea wall eelgrass was not observed while diving further out from the sea wall towards the channel eelgrass was found, shown as Patch 1 through 2 in Figure 2, approximately 8" to 18" inches in length and ranged in density from 15 turions sq meter to 105 turions per square meter. Eelgrass was present 15 feet from sea wall out to the 40 feet from sea wall with a depth range of 7-9 feet. (Refer to Figure 2). Due to murky water and a less than 1' foot visibility pictures underwater were not possible. to help determine eelgrass distribution, eelgrass density in relation to depth, and eelgrass lengths, including sediment type, slope and contour of bottom a total of 9 quadrats were taken at varying depths and distances from the sea wall. Table 2 lists all quadrats taken in relation to existing and potential eelgrass habitats and are shown as blue stars in Figure 2. Discussion: First, it is important to understand that SCEMP requires a level of assessment in accordance with the level of impacts, and does not require an exhaustive research report. The observational survey report should provide a baseline for evaluation of future impacts to eelgrass. The survey should provide an assessment of the survey site such that the baseline can be used to adequately assess impacts to eelgrass in the two sequential years. Thus, a selection of sample size and evaluation of the quadrats are of primary importance. Second, it is important to know the history of dock slip. Historically, the existing dock has been present more than 10 years. 6 Allen, Larry G., Amy M. Findlay, and Carol M. Phalen. 2002. Structure and Standing stock of the Fish Assemblages of San Diego Bay, California from 1994 to 1999. Bulletin of Southern California Academy of Science. 101(2), 2002. Pp 49- 85. PRE DREDGING SURVEY Page 8 of 17 The distribution of eelgrass within bay and estuarine systems is defined by numerous variables, including light, temperature, salinity, substrate, wave exposure, currents and nutrient availability. Eelgrass forms extensive meadows in soft -bottom habitats from the low intertidal to depths of about 20 feet (6 meters), and from sheltered areas to exposed coasts. In southern California, eelgrass has been reported to occur as deep as 98 feet (30 meters). Optimum temperatures for eelgrass growth seem to lie between 50 and 68°F (10 and 20°C). However, eelgrass is known to survive with a lower tolerance level of 21 °F (-6°C) and an upper level of 104.9°F (40.5°C). Eelgrass is a euryhaline species (able to live in a wide range of salinities) that is capable of growing near stream mouths when the water is fresh at low tide, but does not grow in persistent fresh water. A salinity range of 10 to 30 parts per thousand is optimum for growth. In general, low circulation (<5 cm/second) to medium circulation (20 — 40 cm/second) is considered an optimum range of circulation for eelgrass to grow$. Circulation may increase in the main Harbor channel, which could account for lack of eelgrass in the outer portion of the dock slip, although there are likely other causes for this lack of eelgrass in the potential eelgrass habitat of the dock, which cannot be fully analyzed due to limited resources of the customer. However, circulation would be expected to be suitable to support eelgrass. Reduction in light due to turbidity has been identified as a major cause of the loss of seagrasses worldwide (Shepherd et al., 19899; Green and Short, 200310). Particulate matter in Newport Harbor is high, but is likely equal in all areas of the dock slip. Visibility in Newport Harbor is low due to an increased density of particulates in the sea water. Low visibility has effect on sunlight penetration into water and is a limiting factor for eelgrass existing at deeper than 12-15' depths. This measurement varies throughout Newport Harbor. Sediment is a general term, which in this case is used in describing Newport Harbor bottom make up which sediment is in this case made up of sand and dirt. No observation of clay or boulders or gravel has been noted while diving throughout Newport Harbor docks. There is seabed that does exist and sometimes some form of obstruction whether seas/boulders/refuse at varying depths roughly averaging 20 feet below bottom existing slowing down pile installations. This seabed does not appear to have a visible impact on the surface of the bottom of Newport Harbor water ways. Conclusion A total of 9 quadrats were placed in 105 Linda Isle, Newport Beach, California. In addition to the general results of the survey, the results in Table 2 of each quadrat should be used in evaluating 7 California Department of Fish and Game. State of Fisheries Report (2008). s P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III. Seagrass Habitat Model. 9 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas; D.A. Steffensen and R. West, 1989. Decline of seagrasses. In: A.W.D. Larkum, A.J. McComb and S.A. Shepherd (Eds.) Seagrasses: A Treatise on the Biology of Seagrasses with Special Reeference to the Australian Region. Elsevier, North Holland, pp. 346387. 10 Green, E.P. and F.T. Short, 2003. World Atlas of Seagrasses. Prepared by the UNEP World Conservation Monitoring Centre. University of California Press, Berkeley, USA, 298 pp. PRE DREDGING SURVEY Page 9 of 17 105 Linda Isle 42940 Shoreline Village Drive Newport Beach, CA �; long Beach, CA 90802 Dredging Survey May 14, 2014 any future surveys conducted and potential future mitigation. The cause of the lack of eelgrass in the inner and outer portion of the dock slip cannot be specifically identified by observations or anecdotal accounts. Figure 1. Location of 105 Linda Isle, N rt Beach. California PRE DREDGING SURVEY Page 10 of 17 WOR '949) 759-0773 DIVE WORKS u 429-0 Shoreline Village Drive 105 Linda Isis Newiport Beach, CA p' ANI I(i IV0, VC X, Long Beach, CA 90802 Dredging Survey May 14, 2014 Fiaure 2. Dive transects, eelarass presence, quadrat location and proposed dock slip , e , I jIT 9 F - t _ 7)j F Extpnded Su vey re yg l 4 1 I Pied He Line 61).0' I 1 IVI ! # 1 y _..� ��� 1 i ( LIq� ,g 4' 1 �€ 4 g t f t W ql i f S `.p i 7 �8 {� e q1 i��x,t„ ��� i canialiver5'x45' q Property Line 66' I Bulk Head Line 0.0' 105 LINDA ISLE 611412014 Dive Time 1100 Lat 1 Long 33.614973,-117.901380 Depth Transects Quadrats Visibility >TAir Temp 90 degF Patch 1 T 20-35 IL 8"-18" Patch 2 T 5.30 IL 8"-18" Survey Area 136' x 95' Water Temp 63 degF PRE DREDGING SURVEY Page 11 of 17 i. o�� DIVE WORKS "(949) 759,0773 105 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA 61; st;tz�'�� " Long Beach, CA 90802 Dredging Survey May 14, 2014 Table 1 below depicts tide at + 3' ft MLLW during the survey. Additionally, tidal variations are also included. NEWPORT BAY ENTRANCE, CORONA ®EL MAR, CA Stati n1d: 9414580 05/15 Thu 03:=9 Ph1 1..8 L ` 05114 05/14 05/14 05/14 05/15 05/15 05/15 05/15 05/16 12an 6an 12pn 6pn 12an 6an 12pn 6pn 12an 05!15 Thu !0:08 Ph1 6,1,6 H Date/Tine (LST/LDT) Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats, per square meter, in the dock slip. Evaluation is based on quadrat reading of left to right in Fiaure 2. Quadrat 1 7.00 Dail; Tide Prediction in f=eet s 5 Time 'LUY}a_ LS1 ALU 1 6.00 9 � Daturi} L;LLVJ0 5.00 Date Day Time gt y 4.00 05,r_4 1'sd 03:52 ANI -0,$'{ L m 3.00 8"-18„ 05,x`14 Wed 10:06 AM 3.95 H 2.00 05,'14 lvl,,ed 03!12 Ptt '1,31 L y 1.00 05411w 1`F ed 139:31 PM 6,11 H 0.00 05.l5 Thu 01:32 AM -1.03 L •� -1.00 05; 15 Thu !0:52 AM 3,89 H = _2 00 05/15 Thu 03:=9 Ph1 1..8 L ` 05114 05/14 05/14 05/14 05/15 05/15 05/15 05/15 05/16 12an 6an 12pn 6pn 12an 6an 12pn 6pn 12an 05!15 Thu !0:08 Ph1 6,1,6 H Date/Tine (LST/LDT) Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats, per square meter, in the dock slip. Evaluation is based on quadrat reading of left to right in Fiaure 2. Quadrat 1 2 3 4 5 6 7 8 9 Length of Turions 8"-18„ 8"-18" Photograph Turions/ Quadrat 60-105 15-90 Depth in Feet 12' 11' 11' 11' 9' 8' 9' 7' 4' Quadrants in Impact x x Area Quadrants in Eelgrass x x Habitat Quadrats in Potential Eelgrass x x x x x x x Habitat The photographs of eelgrass in the sample quadrats below are representative of the type of eelgrass coverage within the eelgrass habitat in the dock slip. (Refer to Figure 4). PRE DREDGING SURVEY Page 12 of 17 W s DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive r' Lore Beach, CA 90802 SE:K`�kc Table 3. Bounding Coordinates 105 Linda Isla Newport Beach, CA Dredging Survey May 14, 2014 EELGRASS SPECIFIC LOCATIONS Square Feet Universal Transmercator Square Meters Patch Latitude and Zone 11 Hemisphere N. Length Longitude NAD 83 Density 33.615094, Easting 416375.7 -117.901476 Northing 3719843.9 33.615146, Easting 416372.2 90 feet x 150 feet x 140 feet -117.901514 Northing 3719849.7 27.4m x 45.7m x 42.7m 1 33.615195, Easting 416374.7 60-105 Turions sq meter -117.901488 Northing 3719855.1 8" - 18" length 33.615196, Easting 416378.3 Depth 8-11' foot -117.901449 Northing 3719855.2 33.615095, Easting 416380.2 -117.901428 Northing 3719844 33.615042, Easting 416371.9 -117.901516 Northing 3719838.2 90 feet x 150 feet x 140 feet 33.615102, Easting 416369.8 27.4m x 45.7m x 42.7m -117.901540 Northing 3719844.9 2 15-90 Turions sq meter 33.615113, Easting 416372.1 8" - 18" length -117.901515 Northing 3719846.1 Depth 7' foot 33.615061, Easting 416375.2 -117.901481 Northing 3719840.3 PRE DREDGING SURVEY Page 13 of 17 S DIVE WORKS 949) 759-0773 429-0 Shoreline Village Drive Qn«c� Long Beach, Cly 90£302 sE Caulerpa Survey Reporting Form 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 908-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information: PRE DREDGING SURVEY Page 14 of 17 105 Linda Isle Site Name: Newport Beach, CA Robert Wiegand Survey Contact: (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., datum, Caulerpa not observed accuracy level, attach electronic survey area map if possible) Yes, Caulerpa was found at this site and Was Caulerpa Detected: Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be Dredging conducted at the site under the permits identified above) PRE DREDGING SURVEY Page 14 of 17 0 IVB WORKS 1 49) 59077 105 Linda Isle 4Z9-0 Shoreline elixxe Village Drive Newport Beach, CA Long Beach, Ch 90802 r''t rwc s'` Dredging Survey May 14, 2014 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the physical and biological conditions within the survey area at the time Bottom is sediment composed of of the survey and provide Depth range: 4'-12' sand and dirt. insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: 900 Air 630 Water Dissolved Oxygen: 7.1 m /L Salinity: Newport Harbor salinity Dominant flora: Eelgrass Dominant fauna: Common Bay mussels, round rays Exotic species encountered None - Caulerpa Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, Survey date and time Survey conducted using SCUBA etc.) and survey methods period: >75% area including bottom employed, date of work, surveyed. and survey density DATE: May 14, 2014 Refer to the above report. (estimated percentage of TIME : 1100 AM the bottom actually viewed). Describe any limitations encountered during the efforts. —survey Horizontal visibility in water: > 1 foot Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: None noted Survey limitations: None noted Other Information: (use this space to provide any additional information or Refer to the above report. references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10131104) PRE DREDGING SURVEY Page 15 of 17 tW C DIVE WORKS �949) 759L0773v 4.29-0 Shoreline Village Drive Long Beach, Cly 90802 ZNAC- Eelgrass Survey Reporting Form 105 Linda Isle Newport Beach, CA Dredging Survey May 14, 2014 This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 908-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Reauired Information: Site Name: 105 Linda Isle Newport Beach, CA Robert Wiegand Survey Contact: (949) 759-0773 DiveWork Gmaii.com Permit Reference: (ACOE Permit No., CC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor Specific Location: (UTM, Lat./Long., datum, accuracy level, attach Refer to Bounding Coordinates Table 3 electronic survey area map if possible) Was Eelgrass Detected: xxx Eelgrass within 15' of proposed project Eelgrass within 15'-30' of project / disposal No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Dredging conducted at the site under the permits identified above PRE DREDGING SURVEY Page 16 of 17 W oj�' 181u IVB WORKS 194T)) 759-0773 105 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 st•.t�` Dredging Survey May 14, 2014 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the physical and biological conditions within the survey area at the time of Depth range: 4'— 12' Bottom is sediment composed the survey and provide of sand and dirt. insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: 900 Air 630 Water Dissolved Oxygen 7.1 m /L Salinity: Newport Harbor salinity Dominant flora: Eelgrass Dominant fauna: Common mussels; Round Rays Exoticspecies encountered none Other site description notes: Refer to Table 2 — Quadrat Samples Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, Survey date and time remote video, etc.) and period: Survey conducted using survey methods employed, SCUBA date of work, and survey DATE: May 14, 2014 >75% area including bottom density (estimated TIME : 1100 AM surveyed. percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: > 1 foot Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: See Table 3 & Figure 2 Survey limitations: None noted Other Information: (use this space to provide any additional information or Refer to the above report. references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRE DREDGING SURVEY Page 17 of 17 May 15, 2014 ATLAS Engineering 837 West 1711, Street Costa Mesa, CA 92627 Our Project 14.027.00 Attention: Ms. Lindsey Banghart SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from 105 Linda Isle, Newport Beach, California. Dear Ms. Banghart: Presented herewith are the results of our phi grain size analyses performed on the soil samples provided to us by Atlas Engineering. The sample is from the dredge area. The test procedures were in accordance with ASTM D 422-63 (2007) and U.S. Army Corps of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully s! ��;V;- Daud $$$ it, C", David H. Lee, P,David E. Lee, PE Principal Geotechnical Engineer Staff Engineer Attachments: Plate 1 -- Grain Size Summary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (2) P:\PROJECTS\14.027.00\14027 PHI GS LETTER.doc\del\dhl Sieve Opening Particle Diameter U.S. Standard % Material Retained by Cumulative (mm) in Phi Units Sieve Size Weight Percent Retained 38.1 -5.25 1-1 /2" 0 0.0 19 -4.25 3/4" 0 0.0 Gravel 9.5 -3.25 3/8" 0.1 0.1 4.75 -2.25 4 0 0.1 2.83 -1.50 7 0.1 0.3 2 -1.00 10 0.1 0.4 ----------- - - - ---------- 1.41 -0.50 14 0.1 0.5 1 0.00 18 0.2 0.7 0.71 0.50 25 0.2 0.9 0.5 1.00 35 0.3 1.2 0.35 1.50 45 0.5 1.7 Sand 0.25 2.00 60 0.6 2.3 0.177 2.50 80 0.9 3.2 0.125 3.00 120 1 4.2 0.088 3.50 170 0.8 5.0 0.075 3.75 200 0.2 5.2 0.063 4.00 230 0.2 5.3 ------------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by ATLAS ENGINEERING COMPANY. The sample consists of a Silt to Clay (ML -CL): black (5Y 2.5/1); saturated; trace of fine sand; shells and shell fragments. The sample was obtained from the Dredge Area, 105 Linda Isle, Newport Beach, California. DAVID H. LEE & ASSOCIATES 23011 Moulton Parkway #D-11 LAGUNA HILLS, CA 92653 Telephone: 949-461-5690 Fax: 949-461-7901 s CLIENT: ATLAS ENGINEERING COMPANY PROJECT: I DATE: PLATE 14.027.00 May, 2014 1 TO TION OF Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Don McCalla c/o Jacquelyn Chung Swift lSlip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa; Mesa, California 92627 Dear Mr. McCalla: August 22, 2012 Reference is made to your request (File No. SPL-2011-01003-JPL) 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.C. 403), you are hereby authorized to conduct the work described below at 105 Linda Isle in Newport Harbor 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. 1. Add a 258 square foot "L" shaped extension to the existing 488 square foot "U" shaped floating boat dock. 2 Remove and replace the decking on a portion of the existing dock in order to pair with the expansion. 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 postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). 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 Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason.P.Lambert@usace.army.mil. -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:Hper2.M.usace.army.mil/survey.html. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosure(s) PERMITTEE DATE When the structures 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 Enclosure(s) DATE -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on August 22, 2014. 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 party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification 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 Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.mufs.noaa.gov/hcd/caulerpa/ccp.pdf) 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 eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries' Southern California Eelgrass Mitigation Policy (Policy) (http:l/swr.nmfs.noaa.gov/hcd/policies/EELPOLrevI l_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, dated April 19, 2004. 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) TEL: (510) 437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/l=equest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521-3860 E-mail: john.p.hennigan@uscg.mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 1 lth 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). 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, 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 rol 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 COT? 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, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. 11. 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. Endangered Species Act: 1. 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. -7- 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. 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. Lei LOS ANGELES DISTRICT US ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2011-01003-JPL Name of Permittee: Don McCalla Date of Issuance: August 22, 2012 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: Jason.P.Lambert@usace.army.mil OR (2) FAX this certification, after signing, to: (213) 452-4196 (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2011-01003 P.O. Box 532711 Los Angeles, California 90053=2325 -10 - LOS ANGELES DISTRICT U. S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: Name of Permittee: Date of Issuance: SPL-2011-01003-JPL Don McCalla August 22, 2012 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: Jason.P.Lainbert@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-2011-01003 P.O. Box 532711 Los Angeles, California 90053-2325 -11 - Applicant: Don McCalla File Number: SPL -2011-01003- Date: August 22, JPL 2012 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 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 li 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 I appealed), by contacting the Corps district for further instruction. Also you may provide new information for furth 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 re 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 Erovide 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: DISTRICT ENGINEER Los Angeles District, Corps of Engineers ATTN: Chief, Regulatory Division P.O. Box 532711 Los Angeles, CA 90053-2325 Phone: (213) 452-3406 Fax: (213) 452-4196 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 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.j.cavanaughgusace.armv 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. Signature of appellant or aeent. Date: I Telephone number: SPD version revised Decemberl7, 2010 -13 - Applicant Options with Initial Proffered Permit Initial proffered permit sent to applicant ApplicantlCorps sign standard Does permit or applicant accepts applicant accept the letter of permissibr�, terms arty! conditions of the The pro eGt *authorized. Yep initial proffered �rmit7 No Applicant sends specrfic objections to district engineer. The district eNineer will either modify the penult to remove all objectionable conditions, remove some of the oNectlornable condMons, or not modify the permit. A proffeerptl permit is sent to the ,applicant for reconsideration with an NAP and an RFA form. AppiicanVCorps sign standard Does tate permit or applicant accepts applicant accept the letter of permission terms and conditions of The project is authorized. Yes the proffered. permit? Applicant declines the proffered permit. The declined individual permit may be appealed by submitfing a RFA to the division engineer within BD days o€ the date of the NAP (see Appendix A). Appendix 8 e iTATE:OF CALIFORNIA—NATURAL RESOURCES AGENCY FSc�ivEO �DMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION COMMUNITY SOUTH COAST DISTRICT 200 Oceangate, 10th Floor FEB 10 2012 _ONG BEACH, CA 90802-4416 :562) 590-5071 FAX (562) 590-5084 ryDEVELOPMENT .r ww.coastal.ca.gov 0� G Date: roc FebruaW9, 2012 Don Mccalla JVeVW0R1 5-11-253 105 Linda Isle Newport Beach, CA 92660 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on January 19, 2012 and was reported to the Commission on Wednesday, February 8, 2012 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely,. CHARLES LESTER Executive Director By: LILIANA ROMAN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders CCS" CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION .g �q South Coast Area Office Permit Application No. ®1 1 -253 200 Oceangate, Suite 1000W6a Long Beach, CA 90802-4302 Date: January 19, 2012 (562) 590-5071 Page 1 of 8 ADMINISTRATIVE PIT APPLICANT: Don McCalla AGENT: Swift Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: 258 sq. ft. deck addition to an existing 488 sq. ft. U-shaped floating dock resulting in a 746 sq. ft. U-shaped floating dock; plus removal and replacement of 88 sq. ft. of decking on the headwalk of the existing U - Shaped floating dock; no new piles are proposed and no work is proposed PROJECT to existing piles, gangway or 5' x 47' cantilevered patio deck. LOCATION: 105 Linda Isle, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday, February 8, 2012, 10:00 am Santa Cruz County Board of Supervisors Chambers 701 Ocean St. Santa Cruz, CA 95060 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. CHARLES LESTER Executive Director By: Liliana Roman Title: Coastal Program Analyst 5-11-253 (McCalla) Administrative Permit Page 2 of 8 STANDARD CONDITIONS: Notice of Receipt and Acknowledc m� e� The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Ex iration. 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. Interroretation. Any ClUestlons of intent nr internrt-tgtion of any term nr nnnrlifinn Will hrn resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS. See pages four to eight. EXECUTIVE DIRECTOR'S DETERMINATION tcontlnueft 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 ns in conformity witf i the provisions of Chapter 3 of the Coastal Act of 1076 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. if located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. The subject site is located at 105 Linda Isle in the City of Newport Peach (Exhibit #-1). Large single-family residences with large private docks characterize the subject site and the surrounding sites on Linda Isle. The proposed project is a 256 sq. ft. deck addition to an existing 438 sq. ft. U- shaped floating dock; plus the removal and replacement of 88 sq. ft. of decking on the headwalk of the existing U-shaped floating dock. No new piles are proposed and no work is proposed to the existing three 14" diameter square pre -stressed concrete piles, existing gangway or existing 5' x 47' cantilevered patio deck (Exhibit #2). The proposed dock addition conforms to the U.C. Pierhead Line and is consistent with the City's Harbor Permit Policy. The applicant is requesting the addition to house necessary boat parts and lines and to allow for an inflatable tender necessary for his larger boat currently berthed at the existing 488 sq. ft. private residential dock. 5-11-253 (McCalla) Administrative Permit Page 3 of 8 The subject site is located in the gated community of Linda Isle in the City of Newport Beach. Public access through this locked gate community does not currently exist in the immediate vicinity of the project site. The nearest public access to the harbor exists in the area across the channel from the Linda Isle community along the public walkways on Lido Island and Balboa Island. The proposed development of a 258 sq. ft. addition to an existing floating dock on an existing developed residential lot and will not affect the existing public access conditions. It is the locked gate community, not this home or floating dock that impedes public access to and from Linda Isle. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. The subject site is located in an area of Linda Isle which surrounding waters.remain in private ownership as the water area was excavated from dry land, thus, the existing dock and proposed dock addition is being constructed over non-public waters. 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 site was surveyed for eelgrass and Caulerpa taxilfolia on October 14, 2011. The survey area spanned 70 ft by 40 ft surrounding the existing dock. No eelgrass or Caulerpa taxilfolia was discovered within the entire project area. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any additional eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal public access to Newport Bay is available immediately adjacent to the site at a public dock at the Park Avenue street end and along a public walkway surrounding the entire Balboa Island. The proposed project has received an, approval in concept from the City of Newport Beach Harbor Resources Division, Harbor Permit Number 113-105 and Plan Check Number 1929-2011. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a U.S. Army Corps of Engineers' Letter of Permission (LOP) to determine whether the proposed project would have any adverse effect on essential fish habitats. 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. Though the proposed dock addition results in a much greater increase in water coverage, it is greater coverage of private waters which surround this portion of Linda Isle as compared to an increase in coverage of public waters that could otherwise be used for public recreational purposes. Furthermore, the proposed dock addition does not require the installation of additional new pilings in bay waters. 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 5-11--253 (McCalla) Administrative Permit Page 4 of 8 solely for recreational bowling purposes, conforms to Sections 30224 and 30233 of the Coastal Act. Co dater Qyality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenan1-1c of post construction BIbIIIPs. As cond161 V1IeU, II Ie C o l l l 11 l l.s s it o I I I11IU9 t at 61 e development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal grogram The LUP for the City of Newport Beach was effectively certified on May 19, 1932. ► he certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E California Environmental t�aality Act (CCAS 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 conforrrq to CE.QA. SPECIAL CONDITIONS: (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave wind rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. 5-11-253 (McCalla) Administrative Permit Page 5 of 8 (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 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 5-11-253 (McCalla) Administrative Permit Page 8of8 (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 ofboat(u)inthe approved dock and/or boat slip will bemanaged ina manner that protects water quality pursuant to the implementation of the following BMPa. (1) Boat Cleaning and Maintenance Measures: o. In -water top -side and bottom -side boat cleaning ohoU minimize the discharge Ofsoaps, paints, and debris. b. |n-the-wx3erhull scraping 0[any process that occurs under water that results in the Penlovo| ofpaint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated bythe manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c The applicant shall minimize the use ofdetergents and boat cleaning and maintenance products containing annnnonia, sodium hypnoh|ohba. chlorinated solvents, petroleum, distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, Reovoab|es, and hazardous wastes or potential muat8[ cnntan|nonts, inc|Uding old gasoline orgasoline with vateF, absorbent noeteh8|n' oily rags, |m8d acid baLbahea, anti-froeze.waste diesel, kerosene and mineral spirits will be disposed of in 8 proper manner and will not at any time hedisposed ofinthe water orgutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents inthe bilge and under the engine toprevent oil and fuel discharges. [}i| absorbent materials shall be examined etleast once ayear and replaced as necessary. Used 0i| absorbents are hazardous waste in California. Used oil absorbents must therefore bedisposed iDaccordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain enQineo, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use ofsoaps that can bedischarged bybilge pumps is prohibited. b. |fthe bilge needs more extensive cleaning (e.g..due h)spills Ofengine fuels, lubricants or other liquid nO@tehB|5), the boaters will use a bilge pump - out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. 5-11-253 (McCalla) Administrative Permit Page 7 of 8 c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern 'California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa faxifolia. The survey shall include a visual examination of the substrate. 5-11-253 (McCalla) Administrative Permit Page 3 of 8 Bo The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Came, 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 /!QrQ/AP7 A)'10\ or Robert Hoffman National Marine Fisheries `UOI-J/-TW I -'"' I V/ VI IN UIZ71 L I IU1I I I ICA1 I, 1IJULIIJI IC'JI IVldl II IJP FIJI ISI It;, `� OtIl VIIJU (562/930-4043), or their successors. D. If Caulerna 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.. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall' not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT IT ®F PERMIT RECEIPT/ACCEPTANCE OF CONTENTS- I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature bate of Signing i r'I °s 5 E 5 c I "HI- "*" 1UnI'l- 1 a 4 g. 8Ain e -`p �552g$ 6x.fr 3 �2 ox= _g8r, x S' 9 '' 8<22 ] 2•ao g8e 8�-a 9 X 3 SS 59a dc5.5.x�ESz yfrR 55j 035EUp. E 856 p8$� -a.a x �9il�[5 �45}yam H F5F5J.$< a5eo5 5E4" i< <o_i Nil 1H' ES in, E�eu E56ti ES-2c�_Sfz EQEoZE.�.�YESp o EcYoosO 8i. 2�E_–iEa`9'–pL� EE_E E eE=<5 ' °- '-E°=u�z`�`�= `� � b `� _8 n � _ y; 1 ° g_ 3- i'c sl ^8' E� `25 E ES n I Eau, GtrtS cS 'teaE>- � �cCE� 25.�� 5��-E_1 A of atttg Sa�-3=2 -zc�.zz �F- @' r�=�' �>cEp.3rt8� zz 3g_x��e1,110 n �?p����-"SD�B � Efi3zP�tfull �xg-cq.� n ads ��gi� 11,110� 101- 11ii 111 SAAc"'ggSS��� ZZ _ Zzz>S ooc=��O-�Zz�,�3Tzz zzzo-3 Sc��Bc9]'..'_:]'_ zc` i� e CO kSTAL COMMISSION HIS x sad 6 g g iCIIL <� j f'i� A ' ^ m OF drl WHIM, cv a°E EE'�EE B E Eac s°ESEEEEEE C �/ LiJ C X11 -8 `8�a 8 e e S 16 83 E ..✓//P/ s=� % \ _� t, .' �3�E�� sEEss n£�3 ops= 665558=E?i>- 5�3333333��A= I !, \� a• '%',I a ` Jcivil 1pa, FFN ®®., VIA �m 3 I' XFIIBIT # 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 .......... like q . ... ...... . r ... ...... . ......... ......... mom . T . . . . . . . . . CY TY OF NENBEACHWpm T, rr sRr r r pA�I�IC C Q VICINITY MRP m3m Jnr, Mvam ' PFlOPILE 1 = 40' Ji:71Y SINGS I� DnE M IN FEE i FC MOO _. TE ELEVATIONS HM ON -NUN LOWER LOW WRIER. ❑ Eelgrass within 15' of pro)ect ❑ Eelgrass within 15 - 30'o project Noesrojectra 05 Date HARBOR RESOURC CITY OF NEWPORT L �J\C1 'ate ime Gni �� c7t1 (?. � California Coastal Commissio S Div. South Coast District Utficc APPROVFT) Z EACHPermit No. e6b0 err EFFECTIVE y does la 4 vt;A r I PLAN YIN 1' 40' FMB i 5-'11'•253 (McCall) Administrative Permit UVVe acknowledge that I/we Save received 'a ropy of this permit and have accepted its contents including all conditions-. I � A t' nature; ate of, igning — i 5T/60 30bd 83 d>00QdI-ISiJIMS ZZTETE96b6 b17:00 Z•TOZ/ZZ/TO page 8 of 8 13. The survey proic Goi shall be p'repa'red In consultation with tho Regienal Water Quality Ognttiol'-E oard, the California Department of Fish and Game,. and the National Marine Isheries Servlce. C. Within five (5) b siness days -of completion of the survey, the applicant shall submit the survey, (1) for the revi4v i and approval of the P_xe'cutive Director;. and (2) to the Survei lance Subcommittee of the Southern California Caulerpa Action Team (8CC T). The SCCAT Survcilance Subcommittee may be contacted through Willi m Paanokas, Caldornia Department oT Fish & Game (8581457-4 8) or Robert Hoffman, National Marine Fisheries Service (562/080-40,13), or their succastors. D. If Caulc►pa taxlf /!a is found within the project or buffer areas, the applicant shall not proceed Wit the project until 1) the alPplicant provides evidence to the Executive Direip or that all C, taxifalra discovered within the project and buffer area has been elirniil ited in a manner that oomplios with all applicablw governmental approval requiP meets, including but not limited to those of the California Coastal Act, or 2) the qpplicant has revised the 1)' oject to avoid any contactliwith C. tax1folla. No revisions tQ toit he project shall occur without a Coastal Commission approved is Coastal development hermit unless the Executive Director amendment determines that no amendmcnt is Ic9ally requlrod. I 4. Public Bights The CioaStal Commission's approval of this,,permit 3halli not conatituto a waiver of uny publio rights that exist or may exist on thel.p roper y. The permittee shall not use this permit as evidence of a waiver of any public righte th6i may.exist on the property. .: ____ __ �.� � ra-•a� ... �..�....�.�.�...—n-.�-.�r rti r' r. r.11YCLITC. UVVe acknowledge that I/we Save received 'a ropy of this permit and have accepted its contents including all conditions-. I � A t' nature; ate of, igning — i 5T/60 30bd 83 d>00QdI-ISiJIMS ZZTETE96b6 b17:00 Z•TOZ/ZZ/TO DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: jacquelyn.chunq�asbcglobal.net www.swiftslipdocks.com 10 January 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to replace the boat dock and pile at the address referenced below. It is our intention'. ntention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: 2. Project Address: 3. Applicant Phone 4. Parcel Number: 5. Scope of Work: 6. Latitude/Longitude: 7. Applicable Fees: 8. Statement: Statement: Don McCalla 105 Linda Isle Newport Beach, CA 92660 949.673-2112 050-451-54 Increase the existing floating dock by 258 sq. ft. No pile work will be performed. N33.365194, W117.540513 Enclosed is a check for the application fee. This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division 01/2812012 bb: bb October 11, 2011 Property Address: With reference to reconfigure or me effe"M J41Jb616iZz nwlr 1 n.L1rWulrnl"1MM HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589; 1 Special Conditions I 105 Linda Isle the plans currently under consideration at the above referenced address to Jify the dock system :or bulkhead., the followi deg conditions will now be in 1. The project p panent is aware of the Harbor Ferrule Policies (Council Policy M-1) and Title 17 of the City of Newport Beach Municipal Code. The project prdponent understands that the above retcranced tructure(s) is,under the purview of these Polioie� and Codes. 2. ' Any future Work on the above mentioned structure(s) reci fres permits with the City of Newport Beach rrd any other applicable~ agencies. Painting �nd work uonsidered tv be cosmetic in naturel does not require a permit. 3. The condido bulkhead under c and/or bulkliumd i These conditions 4. Oiily r'rlannes furniture, plants at 5. In accordam proper permits fo section, no parse property for the p any other commei for the purpose o other commercial equipment or mat the storage is con 6. The project sl Land Use Plan. is set forth In this document pertain to the proposed dock system and/or onsideration. Any future modifications or alterations to the dock system iay require new conditions which may overrides or change these conditions. conditions h thi ir ee ted uses aaretal owed on the pier pier 't atfotmro gangway and float. natio P 9 J Y ..are not per'mtned. r. with Municipal Gaels 10.08.030 ,A_ ti u projeryt proponwnt stroll uUtKin the equipment and materials storage. "Except a6 otherwise provided in this 7 shall use any public street, sidewalk, alley' or parkway" or other publio irpose of .;toting or displaying any equipment, �aterials or merchandise, or pial purpo:3e. B. Public streets, sidewalks, alle�ls, or parkways may be used selling, storing, or displaying any equipment, Imaterial, merchandise or for )urposes in the following cases; ...Vor the tomorary storage of construotiWn :rfal provided a pe' rmit is issued pursuant to Chhpte r 12.62 of this Code and tistent with provisions of the Uniform Building Code_" i all be implemented In conformance with the Lodal Coastal Program T Coastal i Page 1 of 2 -Al i,JL-ii MUQPA-lE:.rc FRUM UJI VJ5 7. In accordan with Municipal Code 10,28.040 .the following. noise regulations apply: "A, Weekdays and Saturdays. No person shall, while engaged in condtructidn, remodeling, digging, grading, demolition, painting, plastering or any other`related building activity, operate any tool, equipment or machine in a manner which produces laud noise thit disturbs, or could disturb, a person of normal sensitivity who works or resides, in tho vicinity, on any wackday except between the houq 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. 13. 5undaya and Halldays. No p6rson shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related huild('r)g activity, a orato any tool, oquipment or machine in a manner which produces loud noise that disturbs or could disturb, a person of normal sensitivitj+ who'works or resides in the vicinity, on any Su day nr any f¢dwral holiday." i 8, Your side Property lines extend in the water along their flame bearing. Vessels shall not encroach upoo n the neighbors propel ty un either srde. ' 9. Vessels may of extend beyond the end of the fingers by more than the width of its beam. i Lisa Walters, Ha nt Si Joint Pier Appl Resources Signature (if Date i nt; Name I Data ible) Print Name I i i i PAgea 2 ref 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: Dock addition at headwalk. Re -deck headwalk. jAddress number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by anolicant prior to final aaaroval. Property Address: 105 Linda Isle Legal Description: Harbor Permit Number: 133-105 Plan Check Number: 1929-2011 Applicant: Don McCalla Applicant's Mailing Address: 105 Linda Isle, Newport Beach, CA 92660 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find X They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources October 11, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 VNorksheet for Building Combo Permit Application . P M City of Newport Beach - Building Department Please print 3 copies HARBOR RESt"URCE v F -.Building F_j Grading F -Drainage F Elec F: MeMMENFOOPT RrArw 1. Project Address (Not mailing address) 16 F Suite No .... ......... ...... ................. .. .. .. # Units (if Residential) Tenant Name(if Applicable) 2. Description of Work .......... . ........... ..................................... ....... J) ...... . ....... . . ...... .. Extg Building SF Demo Building SF Add/Reconstruct Bldg SF ............ ...... Extg Gar sf Demo Garage sf F Add/Reconstruct Garage sf F ............... .. ...... .... - New F_. Add f7 3. Owner's Name Alter ;Demo C Last . .. ... .. .......... TOTAL BLDG SF TOTAL GARAGE SF Use F ........ .......... . Valuation $ # Stories 177 Cu Yd Cut Cu Yd Fill First ?\ ............ I .... ....... . ... .. ... ... ........ ........... . ....................... Owner's Address Owner's E-mail Address ......................... .............. ... . . .................. .......... .... ......... . ............ ............ ......................... city State Zip Telephone F U 7 F�� F777777 F 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address mm ......... .......... .......... ............................. City State Zip Telephone F ..... .. ......... OFFICE usLDULOF NjWjppT p %6W I q,2q 'FNS. PET NO. GRADING P/C FEE $ FIREP/C FEE $ PLAN CHECK NO. Rpv 411 Alng ELEC/MECH/PLUM P/C FEE $ P1 AN CHFC.K FFF 4. s DIVE WORKS g R 429-0 Shoreline Village Drive X Long Beach, CA .90802 (949) 759-€773 V ' Date of Preliminary Survey: September 28, 2011 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 105 Linda Isle, Newport Beach CA No Eelgrass patches were observed in the subject area. No Caulerpa Taxifolia was observed in subject area. It is recommended to monitor the existing growth and new growth over the next two years on annual basis. Permitting agencies will advise on the need for these surveys. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, I11I I DiveWork@gmail.com (949)759-0773 DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 Don McCalla Residence 105 Linda Isle Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Report Prepared September 29, 2011 Survey assistance by Sean Donovan (949) 759-0773 o' f`DIVE WORKS 429-0 Shoreline Village ®rive A 9 49f s .r .- r, .° bong Beach, CA 90802 Current Situation — Preliminary Residence locate at 105 Linda Isle, Newport Beach whose dock is a U shape dock. This survey was conducted to determine presence or absence of Eelgrass and Caulerpa species. Figure 1. Site Location . 105 Linda Isle, Newport Beach C Tfl� WOI? DIVE WORKS 429-0 Shoreline Village Drive 73 759-07 Long Beach, CA 90802 Survey conducted September 28, 2011 beginning at 1056 hr approximately N Lat 33.365194' - W Long 117.540513'. Day was overcast with a temperature of 66° F. Water was 65' F. Depth ranged from sea wall approximately 8' feet to approximately 14 feet just past end of clock. Visibility was 1-3 ft. Survey area delineated spanning —65 ft to —60 ft to cover the surrounding area. Survey conducted by diver extended roughly 12 ft beyond the property. Lane width was approximately 5 ft wide scanning approximately 2 ft on either side, covering the entire area to ensure >75% coverage of bay floor. No significant patches of Eelgrass were observed around the property. No Caulerpo was observed (see attached Caulerpa Survey Reporting Form), neither was Eelgrass observed in the area surrounding the property. Fauna observed included schools of juvenile fish. Visibility was very limited. The water depth ranged from 8 feet at the sea wall to 14 feet at end of dock. Eelgrass (Zostera marina) was not observed throughout the area from beginning of dock nearest sea wall to about 8 feet from sea wall bulkhead. No eelgrass was observed under the dock or within the property lines on either side neither of dock nor in channel in front oaf dock. Due to the location and NE angle of the property, the dock and its surrounding areas are often shaded, even during peak sunlight hours between 10arn and 4prn (see Figure 2.) The lack of sunlight hinders the photosynthetic process for Eelgrass populations, preventing them from thriving in this location. It is suggested that two years of annual monitoring be planned in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) Section 2, "Boat Docks and Related Structures" and other permit conditions, to assess the full impact of the project and guide any future mitigation as necessary. The two annual monitoring surveys would be conducted during the time period of August to October and will document the changes in the eelgrass patch (areal extent ard density) in the vicinity of the project area. This Preliminary survey can serve as the baseline for which these two annual post - construction surveys will be compared against. Any impacts determined by these monitoring surveys should then be mitigated as dictated by permits and the SCEM.P. Any already agreed upon impact minimization/avoidance plans as well as mitigation plans should take precedent to these suggestions as appropriate. %!DIVE WORKS . 429.0 Shoreline Village Drive ® toga Sears CA 90802 )73 0773 \. . " , Figure?. elgras survey: 10:Linda Isle, Newpor Beach CA DIVE WORKS 429-0 Shoreline Village Drive (949)759-0773 .,y Long Beach, CA 90802 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 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, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Required Information Specific Location Name: 105 Linda Isle (address or common reference) Newport Beach CA Report Date: September 6, 2011 Name of bay, estuary, lagoon, channel, or Newport Harbor harbor Permit Reference: n/a (ACOE Permit No., CCC Permit No.) Site Coordinates: N 33.365194° Lat (LITM, Lat./Long., datum, accuracy level, attach W 117.5405130 LotIg electronic survey area map if possible) Personnel Conducting Survey Robert Wiegand (if other than above) : (name, phone, e-mail) Sean Donovan Is this the first or second survey for this First Survey project? Was Caulerpa Detected?: (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG No Caulpera was found at this site. personnel identified above). Description of Permitted Work: n/a (describe briefly the work to be conducted at this site under the permits identified above) Description of Site: Depth Range: T8 to 14' rY op -t�lT Bottom is sediment of sand conditions within the survey area at the time of the survey and provide insight into and heavy silt cover variability, if known. Please provide units DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 (describe the physical and biological Substrate Type: Bottom is sediment of sand conditions within the survey area at the time of the survey and provide insight into and heavy silt cover variability, if known. Please provide units Temperature: Air 660 Water 650 for all numerical information). Salinity: Brackish (between 10ppt and 29 t Dominant Flora: None noted DoninantFauna: Small fish, muscles, oysters, navanax Exotic species None encountered encountered. (including any other Caulerpa species): Other site None noted description notes: Description of Survey Effort: (please describe the surveys conducted including Survey date and time period. September 28, 2011 type of survey (SCUBA, remote video, etc.) 1056 hr and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Horizontal visibility in water. 1-3 feet' Describe any limitations encountered during Survey type and SCUBA the survey efforts. methods: Survey Robert Wi0gand, personnel: Sean Donovan Survey Density: > 75% area surveyed Survey None Limitations: Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) W���', 105 Linda Isle DIVE WORKS Survey Contact: 429-0 Shoreline Village Drive tiG SE.1? (949) 759-0773 Long Beach, CA90802 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass located in Naples Island Long Beach, which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by City of Long Beach Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 16, 2011 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-.0773. Required Information Site Name: 105 Linda Isle Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com' Permit Reference: n/a (ACOE Permit No., CCC Permit No.) Name of bay, estuary, lagoon, channel, or Newport Harbor harbor Specific Location: N 33.3651940 Lat (LITM, Lat./Long., datum, accuracy level, attach W 117.540513° Long electronic survey area map if possible) Was Eelgrass Detected:XXX No, Eelgrass was not found at this site. Description of Permitted Work: n/a (describe briefly the work to be conducted at the site under the permits identified above) Description of Site: Depth range: 8 to 14 feet (describe the physical and biological conditions within the survey area at the time woj� DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand, dirt Temperature: 650 Salinity: Brackish:( 10ppt<x<29pt) Dominant flora: None noted Dominant fauna: Mussels; fish Exotic species None encountered Other site description None notes: Description of Survey Survey date and time Survey conducted using SCUBA and Effort: (please describe period: underwater camera. the surveys conducted including type of survey DATE: September 28, (SCUBA, remote video, 2011 etc.) and survey methods TIME : 1056 hr employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the surrey efforts. Horizontal visibility in 1-3' water: Survey type and SCUBA methods: Survey Personnel: Robert Wiegand Sean Donovan Survey density: >75% area surveyed Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) teigrass purvey Reporting Form (April 2009) CI TY OF NE CITY OF ORT BEACH P�cIPIC OCE ORT BERGS NDFW a BRr �� r BRY VICLNITY MAP r ' PROFILE 1` = 40' Tam MUM air. d7Vaaua 3EM SSI Z IE IN FEET ANDMNOTE --IMEWIT-IM WISED ON- MUN LOWR L_0W- M gTER. - - - - ❑ Eelgrass within 15' of project ❑ Eelgrass within 15 - 30' of pmjed ANO el vsngo' ect Tea Signature Inspection Date & Time HARBOR RESOURCES DIV CITY OF NEWPORT BEACH ,6{,0 hi X P_ 4AK'rf�. �1cr k fe& et ITI -- ------------------------------------------- I � � t t } I 3 { PLAN V I ISN 1' =40' r ► c Ca et JOB MESS /0 1027 Placentia Avenue, Costa Mesa,; Cay �_ci�a 926` (94 9) 631-312-1 IFax (949) d31.-3122 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 11, 2011 Property Address: 105 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. Lisa Walters, Harbor Resources Applicant Signature Date Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 133-1 to A'f �9'0 1�bD' l). S.IL rt HEAD I po �SITB I �NFIVvp _'2 T Q �sALgas D --— iC M.L.t.W rl a; o!� q �S.A[i41 C4 a . F IZ 0 F 1 L `CD4 I SLE Dr'IVE 4(0. j,o' `-4 OD o !05 6m C48 7 hr A 7 _ '72.46" ILULV *,1a -'r of _ i 4 \ �� El 11.S.P1E�k1EtaV LINE �2.0�'+ (7 2O p0 S r— ® FLO&T JIM. /AA Rc lAALL DU r—r-%P—LD- LDT 105, LIMPh JSLF. ®St%VP to a w P® M -r CAL. 1 112 \V. C®&ST t116t�5Y�V,i•�iuCM Q�®rim :I/Ay!,. 5A►a *5�71 INSPECTED 1 By APR 3 '69 No %7� 5 r/ a /a e ITRANSFERfAE HAY 12 '69 I INSPECTED Di< �✓ � 7a.s �� 1�R0Ca; D (A By MAY 12 '69 Tog �C ro �n co al c r i -04 n�wzav •W084 TRANSFERRED 90 FROM: xo9�/ �� =BUYERS' NAME(S) y a ADDRESS &F PACYLITI, PERMIT # MA L ING-71�- RES'S Tom`"-' I re - -E'P -0. Ian- 1'01)e ' ,iE ONE ' - Ew ' x :CHECK NO. s DATE - - APPROVED BY: DATE APPLICATION IS HEREBY ,. MADE TO Y'RANSFER Q g a HARBOR PERMIT OCHD - - JosephDee - ENG SELLERS' NAMES)'?4`�� �*.-: , BUYERS NAMES) - (ABOVE ,NAMES TO, BE TYPED) COUNCIL PUBLIC WORKS - SIGNATURE OF SELLER SIGNATURE OF BUYER - DEPT. FJESCROW- - INSPECTION, I N iUR $ SIGNATURE OF BUYER _ J1 * -^'-% •4- - -� - ❑ - - OWNER APPLICATION APPROVED (DATE) CITY HARBOR COORDINATOR - - SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE I - OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF. _ - WX FORM 66.1078 RrV. /mss a i -•'TELEPHONED PLEASE: CALL HIM - l.RETURNED YOUR CALL WILL CALL AGAIN -CAME INTO SEEYOUURGENT - - O CITY OF NEWPORT BE iCy Y r _ n U� .MARINE DEPARTMENT c�ciFORN`P 640-2156 September 9, 1980 Fidelity Federal Escrow 1515 Westcliff Crive ` Newport Beach, CA Attention: Patty Dear Patty: The City of Newport Beach has received an application to trans- fer pier permit 46133-105 for the property located at 105 Linda Isle. The structure was _inspected on Spetember.2, 1980, at which time it was determined that the structure conforms to the City stand- ards. Upon receipt of the $175.00 transfer fee, the $12.50 annual pier fee, and the completed forms, this pier permit will be transferred as requested. Sincerely, j Tony Melum Tidelands Administrator Marine Department TM:ak City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 STATUS SHEET HARBOR PERMITS TRANSFER LOCATION 10,5 01 1 PERMIT '55�/�' Q�C Seller cid r ),ja1 „ Buyer Date Application Rec'v: Date Fee Rec'v Oral Request for -Inspection Escrow Co. i �t ��� Date �- a ' go Escrow Officer I C)6 / Escrow # 1 _ l,�i� l��s-��J� �� - w✓�G � � - g rid Date Inspection Made Date Deficiency Letter Sent.(if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable.) Date Transfer Completed 1. Location: 2`. Plumbing: 0 _ 3. Electrical: J 4. Structural: _ r .17 REMARKS: �i?�SC� �,o < C�'►�e 1 �S�J� o Y\ c� �ce� Inspector's`Initials 0 r V. S, P «R HEAD D D �1.; k��/ LANE bo. v' kl�•�� V V /33-/ [!7 Q u, s '' M. L. IL W. 4 45 �N -- No , 4-9% O„ Lo�!� 2 _ e>*- o" _ —� V 1 GIN 1-T SKCTCH N wporc b IFLA If c4L�p Q TZOF 1 LE - 3° X2o= Qa�r 72.4b� 16U L KWr.j? LI NL�auYS�j a b �- a A. i U.S.PIE¢F1EAV LVWE 0)'z 7.+ E P 2OL0%T L � ) Fol N rnR. /A k,sµnll Du F! F \P— LD- L©Y 1©3, Llt4PN IS" pee%\'rA c, 2-T S9 k,CN► CAL Ira mw Q�oNBt 544 • ��?%1 � q r t.�c 'I. � �'r r'nYL^VA41 "Ak Ra�alr.Mlle"'tv- s•X i - "'lsr CITY OF NEWPORT BEACH Marine Department 640-2156 August.13, 1979 COLDWELL BANKER 2161 San Joaquin -Hills Road Newport Beach, CA 92660 Attention: Jack Poole Escrow No. 5-2787 Dear Sir: The City of Newport Beach has received an`application to transfer pier permit # 1 '_5_ _,_. for the property located at 105 Linda Isle. The structure was inspected on August 10, 1979, at which time it was determined that the structure conforms to the City standards. Upon receipt of the $165.00 transfer fee and the completed forms, this pier permit will be transferred as requested. Sincerely, Ray Cb'arver Tidelands Aide GEW:nn City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 O O - O Z 1O-0 H � F— - a 044 { Z p 0 IL 0 0 P O V � o ° 3 LL N U 0 W U Q) �A Q4 N w II W -P W �. CO) � Q 1 r�I N H — V P w Z Z 00 -P U) G j 0404 W M � CO) 3 � -1-1p --AP--1 E� � m —- 04 H N r—I H CO . - W �-i N O -H i o 474 P-4! o Cm Cb V � � 3 x N oK4 m W 3 QF E�H4U Z ^ ON xo.Cyl cV1 Pq w H U �S H P f W > O (3) v00 ZHP4 C 07 2 w W 4J O W H �4 i M O ->i O •� m O _ H.O Q T °r U CD H a � N i t rl � u U S M H • LU E �n a w 0 G ¢ ,� t t- BYERS N 1ME(S)g-- ADDRESS OF-FACILITY• - I # ¢ _ 3 -PERMIT -_ MAILING ADDRE SG TELEPHONE NO. FEE . J,CHECK-NO. _ I DATE 'xl APPROVED BY:: - DATE -. - - APPLICATION- IS HEREBY MADE TO TRANSFER JAR ,BOR -- l ❑ F'� 3��,✓�i 4i$T-�����.# � ��:'aS�.zF ?,.' 3wf �. ')L 45�'3s �Z � w OCHD - ' qq -%et ..t�� rFTSELLERS' NAME(S) - BUYERS' NAMES) _ ENG 1 - (ABOVE-biAMES TO BE TYF'E;D)� �EvV POR \�r) CITY QP NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 /r V9L January 10, 1989 Residential Escrow 1470 Jamboree Road Newport Beach, CA 92660 Escrow 11399 Sirs: The City of Newport Beach has received an application to transfer Pier Permit 0133-105 for the property located at 105 Linda Isle, Newport Beach. The structure was inspected on January 9, 1989, at which time it was determined that it conforms to the City Standards. Upon receipt of the $260.00 transfer fee and the completed and signed transfer forms, this pier permit will be transferred as requested. Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach LOCATION �(���� PERMIT N0. Seller uyer� Cate Application Received: '� Date Fee Received: Request for Inspecttiio_n made by: Escrow Co. Date Escrow Officer i — Escrow No.—I Lzz. Address Phone:VA Date Inspection made: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 2. Plumbing: 3. Electrical:. 4. Structural: 5.OTHER: REMARKS: Inspected by; 0 • , � t.a pa's' — — U A+ 0 00 EQ S v. 6.PkILrt NAI� 70 ZIT0 6 Q. o- e L i ! I �ME lvpo 4S { 6L.= Sa.Nv LINE- 10 -7.0 0 J N 1 Q TZ©F1 _ . I / �4 15LE -Dr��� 39. w � 46.bo' �p OD 0 105. m 3 ° x2o = R:awt P -72-4to' MU LK W& 17 LI He — OI ` O •. 16 4 � �`�, a El n 11.S-P►E12NE.4V UKE 92'07-+ rzo s mC> FLo�T L F o TL ISR. /A RS14hLL DU F F 1EL D -- :$C; / $ LOT I051 LirA©i�6 tSLQ PR\42 (b e h C" A P P, S t4 AIL U It V4I C: T -V �•3 11'Z. G�h,sTti��\Via,`d,blr��t�i.t�