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HomeMy WebLinkAboutM2006-0112DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Carl Raymond 40 Linda Isle Newport Beach, California 92660 Dear Mr. Raymond: August 15, 2014 I am replying to your application (File No. SPL -2014 -00454 -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 40 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 deten-nined 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 httl):Hww,vv.spl.usace.arii-iy.mil/Portals/I 7/docs/regulator�/RGP/RGP54.yd Specifically, you are authorized to dredge up to approximately 502 cubic yards of sediment from approximately 0.064 acre of non -wetland waters of the United States using an excavator, barge, dump scow, and tug boat and dispose of the dredged material at the LA -3 Ocean Dredged Material Disposal Site (Figure 2). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 20,2015. 2. A new pre -construction Caulerpa (Ccudeipa taxifolia) survey shall be conducted in accordance with the Caulerpa Control Protocol (httl2://w�N,-vv.-vvestcoast.fisheries.noaa.goy/publications/habitat/cauteEpa taxi folia/caulMa contr ol 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) (http://ww,,v.westcoast.fisheries.noaa.gov/ptiblications/habitat/califoiiiia celgrass mitigation/eel polreyll finqLpdf) and submitted to the Corps Re ore project -related . gulatory Division bef 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-projcct 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 fon-nat) is preferred. All she e-ts 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, archeolomical 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 culturat 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.anny.mil. Please complete the customer survey form at http://coMsmqpu.usace.army.mil/cm gpex/ppfregulatory sunLey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Stephen M. Estes Project Manager Orange and Riverside Counties Section South Coast Branch Enclosures V= uw�'l 0 -i L I 14, m I I Ld Ln C <1 CL rq LC CN oi cn V� W 0 DIVE WORKS (949) 759-0773 4 -0 Shoreline Village Drive 29 ............. Long Beach, CA 90802 Mary Raymond 40 Linda Island Newport Beach, CA 40 Linda Isle Newport Beach, CA Dredging Survey October 16, 2014 Subject: Pre Dredging Eelgrass (Zostera marina) and Caulerpa Taxifolia Survey 40 Linda Isle, Newport Beach CA (949) 673-2323 Summary: Eelgrass patch (Zostermarina) was 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, Rss6ZUo-� DiveWork@gmaii.com (949) 759-0773 PRE DREDGING SURVEY Page 1 of 17 W 0"� DIVE WORKS (949) 759-0773 -d A 4 -0 Shoreline Village Drive 29 Long Beach, CA 90802 'G SE Mary Raymond 40 Linda Isle 40 Linda I-qle Newport Beach, CA Dredging Survey October 16, 2014 Newport Beach, California Pre Dredging Survey Report Prepared October 16, 2014 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE DREDGING SURVEY Page 2 of 17 F, wo DIVE WORKS (949) 759-0773 40 Linda Isle 4 -0 Shoreline Village Drive Newport Beach, CA 29 Long Beach, CA 90802 Dredging Survey October 16, 2014 CONTENTS Introduction 4 Location 4 Purpose 4 Survey Method 4 Bounding Coordinates 6 Description of Existing Habitat and 6 Conditions Findings 8 Discussion 8 Conclusion 10 List of Figures Figure 1. Location of 40 Linda Isle, Newport Beach, California Figure 2. Dive Transects, eelgrass presence, quadrat location and proposed dock slip Table 1. Tides and Currents Table 2. Baseline Eelgrass Evaluation Table 3. Bounding Coordinates Caulerpa Survey Eelgrass Survey List of Tables Surveys PRE DREDGING SURVEY Page 3 of 17 10 11 12 12 13 14 16 A -4b wo DIVE WORKS (949) 759-0773 Shoreline Village Drive .......... - - - - - - - - ... Long Beach, CA 90802 Introduction 40 Linda Isle Newport Beach, CA Dredging Survey October 16, 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. Considerable time diving and mapping taking quadrats where possible and were conducted based with results 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) Survey conducted is for the purpose of Dredging and addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. Location Client at 40 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 October 16, 2014, beginning at approximately 0930 hour. The survey day was sunny, air temperature was 76' Fahrenheit (F), water temperature was 68' F. Pursuant to SCEMP, Section 3 for "Mitigation"', eelgrass habitats and potential habitats were measured. 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 -44v, W" DIVE WORKS (949) 759-0773 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Dredging Survey October 16, 2014 Determining sample size is complex. The dock slip was reviewed from the surface and a 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 11,400 square feet (3,474.7 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 0.2 percent (9 square feet sample size/4,800 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 (11,400 square feet). Each quadrant measured one square foot (0.3 meter) and was used to measure eelgrass density. They were placed in depths of 6 feet (1.8 meters), 8 feet (2.4 meters), 10 feet (3.1 meters) and 12 feet (3.7 meters). Eelgrass in Southern California has been found in depths of up to 98 feet (27.8 meters)2 ; however, eelgrass is primarily found up to 20 feet (6.0 meters) in depth in this type of sheltered intertidal habitpt3 , 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 95 feet by 120 feet (11,400 square feet) and accounted for a minimum of 15' past Clients property lines. Diver transects, were parallel to the rock 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 V4, F, W op 'IV DIVE WORKS (949) 759-0773 40 Linda Isle -0 Shoreline Village Drive Newport Beach, CA 429 Long Beach, CA 90802 Dredging Survey October 16,2014 The exact location of the proposed dredging was designed with the anticipation to avoid impact to eelgrass roughly estimated in Figure 2. Bated 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 abiQtic 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 40 Linda Isle: Depth: Depth ranged from 6 feet near shore to 15 feet at end of survey area at a length of 95 feet out from sea wall and 120'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). Salinity: Salinity would be expected to be the same in the dock slip as in Newport Harbor. 4 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part 111. Seagrass Habitat Model. PRE DREDGING SURVEY Page 6 of 17 DIVE WORKS (949) 759-0773 42. -9-0 Shoreline Village Drive 40 Linda Isle ............... Newport Beach, CA Long Beach, CA 90802 Dredging Survey October 16, 2014 Temperature: Water temperature variation ranges from 590 to 620 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 40 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 October 16, 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 6 and 12 feet and 1 eelgrass patch (1), while the depth of the potential eelgrass habitat measures 6-9 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 rock wall. The slope of survey site bottom depth starts at 6 feet at the sea wall and slopes out 95 feet out from sea wall, where the depth is 12 feet with an overall slope of 6.3 percent (6 foot depth differential / 95 feet). The slope of the eelgrass covered portion of the survey area (3 foot depth / 45 feet from sea wall) is 6.6 percent. The potential eelgrass (eelgrass absence) habitat slopes from sea wall at 6 foot depth to 95 feet from sea wall at 12 foot depth (6 feet depth / 95 feet non-eelgrass extending out from sea wall) and has a slope of 6.3 percent. There is a 0.3 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 pileS6 and common 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 6 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 7 of 17 WO DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 round rays (Urobatis hallefi, rays)7. 40 Linda Isle Newport Beach, CA Dredging Survey October 16, 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). Eel -grass: Eelgrass was observed within the survey area. (Refer to attached Eelgrass Survey Reporting Form and Figures 2). This dredging survey site has existing dock structure and proposal is to dredge inside the "U" shape dock structure. This survey was conducted and is based on proposal to within existing floating dock system (Refer to Figure 2). Eelgrass distribution was observed at 1 location noted as Patch 1 shown in Figure 2. Density and length throughout survey area was uniform. After the 9 foot depth mark no eelgrass was observed while diving further out from the sea wall towards the channel where it appears dredging has taken place in the past some time ago. Near sea wall at the 6 foot depth and going out to the 9 foot depth, eelgrass was approximately 8" to 12" inches in length and ranged in density from 15 turions sq meter to 90 turions per square meter. Eelgrass was not present after approximately the 9 foot depth and deeper. At the 9 foot depth, eelgrass did exist, and, a rapid decent of the bottom was observed after 12 feet from end of dock. The 12 foot depth started at approximately 85 feet from sea wall. (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. Wien, Larry G., Amy M. Findlay, and Carol M. Phalen. 20OZ. 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 W (-)p Is, DIVE WORKS (949) 759-0773 40 Linda Isle 4Z9-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 F Dredging Survey October 16, 2014 Second, it is important to know the history of dock slip. Historically, the existing dock has been present more than 10 years. 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 680F (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 9 row 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 grow9. Circulation October 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., 198910; Green and Short, 200311). 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 silt to clay saturated with traces of fine sand, shell fragments. No observation of boulders or gravel has been noted while diving throughout most Newport Harbor docks. There is bedrock that does exist and sometimes some form of obstruction whether rocks/boulders/refuse at varying depths roughly averaging 20 feet below bottom existing slowing down pile installations. This bedrock does not appear to have a visible impact on the surface of the bottom of Newport Harbor water ways. 11 California Department of Fish and Game. State of Fisheries Report (2008). 9 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part Ill. Soagrass Habitat Model. 10 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas, D.A. Steffensen and R. West, 1989. Decline of seagrasses. Ini A.W.D. Larkum, A.J. McComb and S.A. Shepherd (Eds.) Seagrasges: A Treatise on the Biology of Seagrass6s; with Special Reeference to the Australian Region. Elsevier, North Holland, pp. 346387. 11 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 T;, W 0"� DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 Dredging Survey October 16, 2014 A total of 9 quadrats were placed in 40 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 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. evv*ort Beach. California PRE DREDGING SURVEY Page 10 of 17 DIVE WORKS & 1 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA 010t Long Beach, CA 90802 Dredging Survey October 16, 2014 Figure 2. Dive transects, eelgrass presence, quadrat location and proposed dock slip Transects Quadtats Survey Area Patch 1 95' x 120' PRE DREDGING SURVEY Page 11 of 17 DIVE WORKS 40 Linda Isle 4,29-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Dredging Survey October 16, 2014 Table 1 below depicts tide at + 3' ft MLLW during the survey. Additionally, tidal variations are also included. NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Station1d: 9410580 I H �A 10/16 10/16 10116 10/16 10/17 10/17 10/17 10/17 10118 12an 6an 12pn 6pn 12an 6an 12pn 6pn 12an 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 Fiqure 2. Quadrat 1 2 3 4.50 5 6 7 8 9 Length of r 1 L 4.00 8"-12" Turions 3.50 Photograph 3.00 Date Dity Thine fiqt 4,04 Turions/ 2.50 P'l 30-45 Quadrat 2.00 j Depth in 12' 10, 10, 91 10, 8' 1,50 91 61 Feet 4j �4 P(A 1.00 Quadrants 0 50 I H �A 10/16 10/16 10116 10/16 10/17 10/17 10/17 10/17 10118 12an 6an 12pn 6pn 12an 6an 12pn 6pn 12an 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 Fiqure 2. Quadrat 1 2 3 4 5 6 7 8 9 Length of 8"-12" Turions Photograph Turions/ 30-45 Quadrat Depth in 12' 10, 10, 91 10, 8' 8' 91 61 Feet Quadrants in Impact Area Quadrants in Eelgrass x Habitat Quadrats in Potential x x x x x x x x Eelgrass Habitat PRE DREDGING SURVEY Page 12 of 17 "JE wo DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive .............. ............... Long Beach, CA 90802 G SEVN' Table 3. Bounding Coordinates 40 Linda Isle Newport Beach, CA Dredging Survey October 16, 2014 EELGRASS SPECIFIC LOCATIONS Square Feet Universal Transmercator Square Meters Patch Latitude and Zone 11 Hemisphere N. Length Longitude NAD 83 Density 33.612771, Easting 416082 -117.904618 Northing 3719588.9 33.612798, Easting 416077.5 -117.904666 Northing 3719591.9 30 feet x 7 feet 33.612747, Easting 416070.4 9.1m x 2.1m -117.904743 Northing 3719586.3 1 24-90 Turions sq meter 33.612742, Easting 416073.2 8'�- 12 " length -117.904712 Northing 3719585.8 Depth 6-8" foot 33.612770, Easting 416075.9 -117.904683 Northing 3719588.8 33.612758, Easting 416078.7 -117.904653 Northing 3719587.5 PRE DREDGING SURVEY Page 13 of 17 W 0 Is, DIVE WORKS (949) 759-0773 40 Linda Isle 429-0 Shoreline Village Drive .......... Newport Beach, CA . . . . . . . . . . . . Long Beach, CA 90802 Dredging Survey October 16, 2014 Caulerpa Survey Reporting Form 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, 858-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information: PRE DREDGING SURVEY Page 14 of 17 40 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 I permits identified above) I PRE DREDGING SURVEY Page 14 of 17 W 0 DIVE WORKS (949) 759-0773 15-A 40 Linda Isle 4 -OS 29 horeline Village Drive Newport Beach, CA aaaaaaa a- QQQQQQQQQQQQQQQQQQ i Long Beach, CA 90802 Dredging Survey October 16, 2 014 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: 6'— 15' sand and dirt. insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: 760 Air 680 Water Dissolved Oxygen: 7.1 mg/L Salinity: I 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: October 16, 2014 Refer to the above report. (estimated percentage of TIME :0930AM the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: > 1 foot Survey ype and methods: SCUBA Survey ersonnel: Robert Wiegand, 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 I P- wo DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive - - - - - - - - - - - - - - Long Beach, CA 90802 Eelgrass Survey Reporting Form 40 Linda Isle Newport Beach, CA Dredging Survey October 16,2014 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, 858-467-4218, This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 049-759-0773. Required Information: Site Name: 40 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 Eellgrass 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 DIVE WORKS (949) 759-0773 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Dredging Survey October 16, 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: 6'— 15' 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: 760 Air 680 Water Dissolved Oxygen 7.1 mg/L Salinity: Newport Harbor salinity Dominant flora: Eelgrass Dominant fauna: Common mussels; Round Rays Exotic species 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: October 16, 2014 >75% area including bottom density (estimated TIME :0930AM surveyed. percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts Horizontal visibility in water: > I foot Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Patch 1 : 8-30 Turions sqft 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 Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 3 City ofNewport Beach Balboa Islan& Public beach at South Bay 917 0 No Eelgrass Survey Front at Diamond Avenue 3/28/2014 (Expires 7/26/2014); Cauterpa 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 4/16/2014 (Expires UNDER EXTENSION) 8/14/2014); Caulerpa survey 10/28/2013 (EXPIRED 1/28/2014) City ofNewport Beach Balboa Island: Public beach at Turquoise 61t 0 No Eelgrass Survey (RESUBMITTAL OF Avenue and South Bay Front 3/28/2014 (Expires 2013 PROPOSAL, UNDER EXTENSION) 7/26/2014); Caulerpa survey 3/28/2014 (EXPIRES 6/26/2014) City ofNewport 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 Send 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 Send 140 0 No Eelgrass Survey 5116/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (Expires 8/14/2014) �ry ayMopcl,,, Linda Isle, 0 502 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014); Caulerpa survey 5/16/20143 (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 1 (Expires 8/14/2014) Don & Sandy McCalla 105 Linda Isle 0 546 No Eelgrass Survey 5/16/2014 (Expires 9/13/2014) ' Caulerpa survey 5/16/20143 (Expires 8/14/2014) Kevin Moriarty 2782 Bayshore Drive 0 455 No Eelgrass Survey 5/14/2014 (Expires 9/11/2014) ' Caulerpa survey 5/19/20143 (Expires 8/ 17/2 Sub -total 8786 2290 1 1 1 Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 3 of 3 I Year-to-date total 1 10551 1 2290 1 12841 1 1 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 celgrass 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 ofthe initial survey. In addition, please note that th es authorization shall expore on December 20, 2015 and that all authorized work must be completed prior to that date. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the recipient ofthis 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 STATE OF. CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Ocean gate, Suite 1000 Long Beach, CA 90802-4302 June 24, 2014 (562) 590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance— Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DREDGING Dear Mr. Miller: Commission staff has received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Beach Ocean Cumulative Eelgrass Present Comments Disposal Disposal Totalt for 2014 betvieen 15 - 30 Feet Eelgrass Survey Qty* (c. -yds) Qtyt (cu.yds) ofdisposaJ Date/Expiration"; footprint?N Caulerpa Survey Date/Expirationtt City ofNewport 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 ofNewport Beach Balboa Island: Public beach at East Bay 833 0 No EcIgrass Survey Front at Park Avenue 3/29/2014 (Expires 7/27/2014) ' Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) City ofNewport 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 ofNewport 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 ofNewport Beach Balboa Island: Public beach at South Bay 850 0 No Eelgrass Survey Front at Jade Avenue 3/29/2014 (Expires 7/27/2014); Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) City ofNewport Beach Balboa Island: Public beach at South Bay 1000 0 No EcIgrass Survey Front at Abalone Avenue 3/29/2014 (Expires �/27/2014); Caulerpa survey 3/29/2014 (EXPIRES 6/27/2014) Not to Exceed 1,000 cubic yards per dredging and beach disposal event Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event Not to Exceed 20,000 cubic yards per year If "Yes" then if celgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring ofthe site for potential eelgrass impacts ftom disposal operations shall be required. .. A] I ecigrass 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 ofactive growth (i.e., March 1). Caulerpa taxifolia surveys are valid for 90 days from date of survey CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES June 17, 2014 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 -Dredging Application Submittal Enclosed is a dredging application for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit, $77 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to contact this office with comments or questions, 949-644-3044. Raymond- 40 Linda Isle Crean- 92 Linda Isle McCalla- 105 Linda Isle Moriarty- 2782 Bayshore Sincerely, cj'Q'G Lisa Walters 829 HARBOR ISLAND DRIVE, NEwPoRT BEACH, CA 92660 P (949) 644-3034 1 F (949) 723-0589 1 WWW.NEWPORTBF-ACHCA.GOV CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR RESOURCES DREDGING APPLICATION CITY CHECKLIST Applicant Name: Project Site Address: ic) L i rJ a- T -G- Je, I r_4 0 i-2 07.4 Applicant address, phone number Agent & Contractor name, address, phone number (if applicable) Project site address Assessor's parcel number Dredge site latitude and longitude Disposal site: El Beach disposal latitude and longitude 19 Ocean disposal LA -3 Purpose and final goal of dredging Method of dredging. Vessel and equipment description. Vessel(s) Captain, Dredging & Disposal Inspector Cubic yards dredged and disposed ( must be less than 1,000 cy.) Area impacted (in ac res) If beach disposal, linear feet of affected beach area Dredging and Disposal Operations Schedule Scaled drawings (plan view and cross sectional view) 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 Location of existing dock structures Location of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Dredge depth (limited to -7 MLLW with a F allowable overdraft) Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) Eelgrass Survey Survey for presence of eelgrass within 30' of the entire project area Yes 54 No Eelgrass within 15' of entire project area. Praject no permitted. If ocean disposal and eelgrass is located greater than 15' from the project area, then no further.monitoring required El If beach disposal and eelgrass is not located within 30'.of the project area, then no further monitoring is required El If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required 0 Pre -monitoring survey attached El Post -monitoring survey attached. Date submitted: Eelgrass Stamp Caulerpa Survey R1 Survey for Caulerpa within 30' of the entire project area Grain Size Analysis (1) sample per 'Aacre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) Beach disposal: El Sample(s) must be at least 80% sand, or; El At least 75% sand and within 10% of the sand content of the receiver beach Ocean Disposal: W Sample(s) must be less than 80% sand 4 Page 3 Project is over (check one box): W City Tidelands El County Tidelands (State Lands Commission Dredge Lease Approval) If applicable, check one box: El The Irvine Company owner's approved area El Bay Island owner's approved area - El Dover Shores owner's approved area X Linda Isle owner's approved area Check made payable to The City of Newport Beach Check for $77 made payable to Santa Ana Regional Water Quality Control Board Signed application El Neighbor notification POST DREDGIING El Post Dredging Report. Date submitted: 0 Post eelgrass monitoring (if applicable) Carl & Mary Raymond 40 Linda Isle Newport Beach, CA 92660 Atlas Engineering 837 W 17'h 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"' Street License 4 A850635 Costa Mesa, CA 92627 PLS # 4278 ACSM # 0221 PH 949-525-2689 4 FAX 949-597-8518 atlas-engineering@sbeglobal.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 17t" 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 Exr)ires March 31, 2014 ,pplicant Name, Address, Phone Number: 0-0,V'N yy) 4D L-AVI C", V-S"N-f-1 41�1?Aclk 01vu-0 L or) Agent & Contractor Name, Address, Phone Number: -�� —Z;,kV-VyTT- V'T C- ov q-z&Z7 mxof-., 1-k-al6pi Project Site Address: Assessor's Parcel Number! ALP\ F o - Dredge Site: Latitude F Longitude cA �'11 17-115`0 J, Disposal Site: Latitude Longitude L 0 Beach Disposal .^ 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): To -p- llesse,\ Ao Cz6��—t o It - I of Dredging (Hydraulic, Clamshell, Tractor, EXLAVA4012— frvtyf Dumi2 ScouD & s) & Captain(s): F---� ;z JDredging Operations Inspector: Operations Inspector: S'1, rv-\ 4-rz- L; ,Y,ry,- t T )km 140 0/4-C Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 Cubic Yards Dredged and Disposed (Must be less than 1,000cy total): rD, 0.-,7 Area impacted (in acres): C, YM if Beach Disposal, Linear Feet of Affected Beach Area: [ Estimated Quantity of Material Dredged from or Disposed Onto the Site from Previous Activities: I iing and Disposal Operations Schedule: 7- PALtS ,�_ Apia",v 4v6- 00 J Lf 1please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. incomplete applications not be processed. _V Scaled drawings of the project and disposal areas (plan view and cross sectional view) J5k Site address .2K Location within the Harbor Location and physical dimensions of existing structures on site (e.g. float, pier, gangway, pile, bulkhead) Location and physical dimensions of existing structures of existing structures on adjacent properties. Location of Bulkhead, Pierhead, & Project Lines _.EK Dredge depth (limited to -7MLLW with a 1' allowable overdredge) S�V Photos of entire dredge and disposal areas at low tide (including 30' buffer area) with emphasis on Eelgrass _9 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. elf eelgrass is present 15'-30' of the project area then pre- and post -monitoring is required. Cauierpa Survey- Completed by Certified Caulerpa Diver *Survey for Caulerpa within 30' of the project area (dredge and disposal sites) Grain size analysis e(l) 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): 11 City Tidelands e County Tidelands (State Lands Commission Dredge Lease Approval) < if applicable check one box: • The Irvine Company owner approved area • Bay island owners' approved area 11 Dover Shores owners' approved area ,R Linda Isle owners' approved area _,W Check for $1,690 made payable to City of Newport Beach ,Z 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 authotiied 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. RCAX-4 PZA_ Applicant / Agent), hereby certify that the information on this application is accurate M and complete. I also certlf�ihati have read the California Coastal Commission Permit 5-06-117-A2 & Federal Consistency Certification CC - 031 -06, the Army Corps of Engineers Regional General �ermit No. 54 (SPL -2011 -00249 -SME) and the California Regional Water Quality Control Board General Certification f6r"Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by March 31, 2014 after which a new authorization is required. I also understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday — Saturday) or on Sundays or holidays must be approved by Harbor Resources. Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be submitted to and received by Harbor Resources by the Ist Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. '30, aryf / or Agent Updated January 2013 Harbor Resources Division 829 Harbor island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044 M 0 4 1 ltw i 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 me at (949)838-3229. 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N 0 cr a 2 0 o 0 0 fo < 0 =r a SO "D .0. 81- 0 X, D 3 0 Z M Z ZM (A woo. 3U 0"O!R mo- —0 0 , Sr -0,, Z, ,:, - to 0 81 RL r -t- > 6, Po W C, w 5 4.5 CL 0 0.- :c i ("A -r 0c) ::�i m 0 Clo. !, 9 1,zi zoo C OP�3 05 .4.0.3gs, -0 m E. >2 5g 2.0 -r- tb -0-5. 0 Un CD 'o 0 0 0 00 d ARM, lus 0-0 o COL co (D : to C, 0. 5 (A C, 0 cp --icmK3 Ln 9 * a no a u 3 a *<AA. r - 0 -0- F Er C' 0.0 0 *-D 1, MIE 2 Wca Lo o 00- :3 = cL CL to :3 -oN3 0 0 Q jr, r r 0, '< a 5�i a. Fr, ,cr o 0 0 w 5:3 -0 3 KIM , ,U 3 OEG ZO w m a (n G) CL 0 C -L to 0 Z co 3E mtr, 0 :3 (D Ea ODO K 3 P CL 3 to 1 F :e o 0 CL -,Je WOR -0773 DIVE WORKS (949) 759 4 -0 Shoreline Village Drive 29 Long Beach, CA 90802 G Atlas Engineering 837 W 17th St. Costa Mesa, CA 92627 40 Linda Isle Newport Beach, CA Dredging Survey May 16, 2014 Subject: Pre Dredging Eelgrass (Zostera marina) and Caulerpa Taxifolia Survey 40 Linda Isle, Newport Beach CA Summary: Eelgrass patches (Zoster marina) 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, R4a'� uio-� DiveWork@gmaii.com (949) 759-0773 PRE DREDGING SURVEY Page 1 of 17 16 wok 41 DIVE WORKS (949) 759-0773 4 -0 Shoreline Village Drive 29 Long Beach, CA 90802 sli � 40 Linda Isle Newport Beach, California Atlas Engineering 837 W 17th St. Costa Mesa, CA 92627 Dredging Survey Report Prepared May 16, 2014 by ---�Work§ Robert VV--iegand strvey-asCistance by Sean Donovan PRE DREDGING SURVEY Page 2 of 17 40 Linda Isle Newport Beach, CA Dredging Survey May 16, 2014 DIVE WORKS (9491759-0773 40 Linda Isle -77 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 G sf� Dredging Survey May 16, 2 014 CONTENTS Introduction 4 Location 4 Purpose 4 Survey Method 4 Bounding Coordinates 6 Description of Existing Habitat and 6 Conditions Findings 8 Discussion 8 Conclusion 9 List of Figures Figure 1. Location of 40 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 12 Table 2. Baseline Eelgrass Evaluation 12 Table 3. Bounding Coordinates 13 Surveys Caulerpa Survey 14 Eelgrass Survey 16 PRE DREDGING SURVEY Page 3 of 17 P, WOR 1� DIVE WORKS (949) 759-0773 4 -0 Shoreline Village Drive 29 Long Beach, CA 90802 Introduction 40 Linda Isle Newport Beach, CA Dredging Survey May 16, 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 40 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 16, 2014, beginning at approximately 1230 hour. The survey day was sunny, air temperature was 850 Fahrenheit (F), water temperature was 630 F. Pursuant to SCEMP, Section 3 for "Mitigation"', eelgrass habitats and potential habitats were measured. 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 ,,:-e wo]� (949) 759-0773 DIVE WORKS 40 Linda Isle Newport Beach, CA AIR, -0 Shoreline Village Drive 429 Long Beach, CA 90802 rvey May 16,2014 Dredging Su Determining sample size is complex. The dock slip was reviewed from the surface and a 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 11,400 square feet (3,474.7 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 0.2 percent (9 square feet sample size/4,800 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 (11,400 square feet). Each quadrant measured one square foot (0.3 meter) and was used to measure eelgrass density. They were placed in depths of 6 feet (1.8 meters), 8 feet (2.4 meters), 10 feet (3.1 meters) and 12 feet (3.7 meters). Eelgrass in Southern California has been found in depths of up to 98 feet (27.8 meters)2 ; 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 95 feet by 120 feet (11,400 square feet) and accounted for a minimum of 15' past Clients property lines. Diver transects were parallel to the rock 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 -0773 DIVE WORKS (.949)759 40 Linda Isle ewport Beach, CA N 429-0 Shoreline Village Drive Long Beach, CA 90802 4)v IG S:. \1 Dredging Survey May 16, 2 0 14 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 40 Linda Isle: Depth: Depth ranged from 6 feet near shore to 12 feet at end of survey area at a length of 95 feet out from sea wall and 120'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). I P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part Ill. Seagrass Habitat Model. 9 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 wo�k DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive . . . . . . Long Beach, CA 90802 40 Linda Isle Newport Beach, CA Dredging Survey May 16,2014 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 620 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 40 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 16, 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 6 and 12 feet and 3 patches (1,2,3), while the depth of the potential eelgrass habitat measures 6-12 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 rock wall. The slope of survey site bottom depth starts at 6 feet at the sea wall and slopes out 95 feet out from sea wall, where the depth is 12 feet with an overall slope of 6.3 percent (6 foot depth differential / 95 feet). The slope of the eelgrass covered portion of the survey area (2 foot depth / 35 feet from sea wall) is 5.7 percent. The potential eelgrass (eelgrass absence) habitat slopes from sea wall at 6 foot depth to 95 feet from sea wall at 12 foot depth (6 feet depth / 95 feet non-eelgrass extending out from sea wall) and has a slope of 6.3 percent. There is a 0.6 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 7 of 17 "4v, wojv� DIVE WORKS (949) 759-0773 4 -0 Shoreline Village Drive 29 - - - - - - - - - - - - - - - - - - - - - - - - - I ....... ..... - Long Beach, CA 90802 round rays (Urobatis halleri, rays)6. 40 Linda Isle Newport Beach, CA Dredging Survey May 16, 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 3 locations noted as Patches' 1,2, and 3 as shown in Figure 2. Density and length throughout survey area was uniform. After the 10 foot depth mark no eelgrass was observed while diving further out from the sea wall towards the channel. Near sea wall at the 6 foot depth and going out to the 12 foot depth, eelgrass was approximately 8" to 12" inches in length and ranged in density from 15 turions sq meter to 90 turions per square meter. Eelgrass was not present from approximately the 10 foot depth and deeper. At the 12 foot depth, eelgrass did exist. The 10 foot depth started at approximately 65 feet from sea wall. (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 W O'DI? IS! DIVE WORKS (949) 759-0773 40 Linda Isle kP Newport Beach, CA 429-0 Shoreline Village Drive Long Beach, CA 90802 GS. Dredging Survey May 16,2014 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 68F (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 104.90F (40.50C). 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 9row 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 grow8. 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 bedrock that does exist and sometimes some form of obstruction whether rocks/boulders/refuse at varying depths roughly averaging 20 feet below bottom existing slowing down pile installations. This bedrock 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 40 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). 8 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part 111. Seagrass Habitat Model. est, 1989. Decline of 9 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas, D.A. Steffensen and R. W 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 W �0- OR DIVE WORKS 40 Linda Isle Newport Beach, CA 429-0 Shoreline village Drive Long Beach, CA 90802 Dredging Survey May 16,2014 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. PRE DREDGING SURVEY Page 10 of 17 DIVE WORKS 429-0 Shoreline Village 011VC Long Beach, CA 90802 Dredging Survey May 16, 2 014 ------ minrlrnt Innnfinn and nronosed dock SUP 4'. Transects <po, Quadrats Patchl 4V L-11MUM 3' 1 3 10-15 Turions - e",12" -Ty,2 I urions 81' 12" Patch 2 NPatGh 3 PRE DREDGING SURVEY Page 11 of 17 Bulk Head Line 0.0' Time: 1230 Date: May 16, 2014 Air Temp 86 degF Water Temp 63 degF Visibility > T W DIVE WORKS 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90807, Dredging Survey May 16, 2014 Table 1 below depicts tide at + 3' ft MLLW during the survey. Additionally, tidal variations are also included. NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Station1d: 9410580 , 0 � -7 q0%- Tide Pre-dictiol-i in Feek � -00 Tt�j,,p 7,3n,� LST;LDT 5 6.00 4 5 6 7 5.00 Date Day -rime "9t 4.00 05�'16 Fri 05i!6Ari -1.1-L 8"-12" Turions 3.00 0 5,'! 6 Fri 111: 4 Z A, M 3,79 H 2.00 05.116 Fri 0 4: 31 PrA !.69 L Photograph d) cu 1.00 (3 51/ L 6 Fri 10:50 PNI 6,03 4 H 5,,, '7 Sat 0 0 _3 �:Jl - 1. 01 2 L 0.00 15-60 24-90 —1.00 13 5�1 1 Sat 1- 2: 3 8 PM 3. �,, 9 H rjS'i--� Sat 07:-9 PNI 1,95 L 03.; i7 Sat :37 PM 5,�5 H -2.00 L--- 05/16 12an RL -- 05/16 05/16 05/16 05/17 05/17 05117 05117 05/18 6an 12pn 6pn 12an 6an 12pn 6pn 12an 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 uadrat 1 2 3 4 5 6 7 8 9 Length of 8"-12" 8"-12" 8"-12" Turions Photograph Turions/ 15-60 24-90 30-45 Quadrat Depth in 12' 10, 10, 91 10, 8' 8' 91 61 Feet Quadrants in Impact Area Quadrants in Eelgrass x x x Habitat Quadrats in Potential x x x x x x Eelgrass 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 'e wo"R DIVE WORKS (949) 759-0773 -0 Shoreline Village Drive ................ 429 Long Beach, CA 90802 Table 3. Bounding Coordinates 40 Linda Isle Newport Beach, CA Dredging Survey May 16,2014 PRE DREDGING SURVEY .Page 13 of 17 EELGRASS SPECIFIC LOCATIONS - ----7 Square Feet Square Meters [Patch Lattitude and Universal Transmercator Length Longitude Zone 11 Hemisphere N. Density NAD 83 3 feet x 3 feet 0.9m x 0.9m 1 33.612709 Easting ort [Northing 416067.3 15-60 Turions sq meter -1 17.90477� 3719582.1 8'�-12 .... length Depth 10'foot 33.612771, Easting 416082 -117.904618 Northing 3719588.9 33.612798, Easting 416077.5 -117.904666 Northing 3719591.9 10 feet x 10 feet 33.612747, Easting 416070.4 3mx3m -117.904743 Northing 3719586.3 2 24-90 Turions sq meter 33.612742, Easting 416073.2 8'�- 12 " length -117.904712 Northing 3719585.8 Depth W-8" foot 33.612770, Easting 416075.9 -117.904683 Northing 3719588.8 33.612758, Easting 416078.7 -117.904653 Northing 3719587.5 2 feet x 2 feet 0.6m x 0.6m 3 33.612916, Easting Northing 416057.1 30-45 Turions sq meter -117.904888 3719605.2 8'�-12"length Depth 9'foot PRE DREDGING SURVEY .Page 13 of 17 f- wo-k'k- DIVE WORKS (949) 759-0773 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 V. Dredging Survey May 16, 2014 Caulerpa Survey Reporting Form 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, 858-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information: PRE DREDGING SURVEY Page 14 of 17 40 Linda Isle Site Name: Newport Beach, CA Robert Wiegand Survey Contact: (949) 759-0773 DiveWork@ mail.corn 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 1 permits identified above) PRE DREDGING SURVEY Page 14 of 17 Wokk DIVE WORKS (949) 759-0773 40 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Dredging Survey May 16, 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: 6'— 12' sand and dirt. insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and d rt --t—emperature: 850 Air 630 Water Dissolved Oxygen: 7.1 mg/L Salinity: Newport Harbor salinity Dominant flora: Eelqrass Do -ninant fauna: Common Bay mussels, round rays Exotic species encountered None - Caulerpa Other site description notes: De;cription 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 e�mployed, date of work, surveyed. and survey density DATE: May 16, 2014 Refer to the above report. (estimated percentage of TIME : 1230 PM the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: > 1 foot Survey type and methods: SCUBA rvey Personnel: Robert Wiegand, Sean Donovan rvey densi�y: None noted rvey limitations: N ane 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 (vers n 7.Z, 7U/,J-1/U4) PRE DREDGING SURVEY Page 15 of 17 w-6 W0'R DIVE WORKS (949) 759-0773 tP ZZ. - 4 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 40 Linda Isle Newport Beach, CA Dredging Survey May 16, 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, 858-467-4218. This survey is valid for (60) sixty days from March to August and valid for (90) ninety days from August to October. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Re uirea iniorma-tium 40 Linda Isle Site Name: Newport Beach, CA Robert Wiegand Survey Contact: (949) 759-0773 DiveWorkgg-mailcoT 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) xxx Eeigrass within 15' of proposed project Was Eelgrass Detected: Eelgrass within 15'-30' of project / disposal No eelgrass in project / disp2sal site Description of Permitted Work: (describe briefly the work to be Dredging conducted at the site under the permits identified above) t PRE DREDGING SURVEY Page 16 of 17 �'J-e W0'R (949) 759-0773 DIVE WORKS 40 Linda Isle Newport Beach, CA 429-0 Shoreline Village Drive Long Beach, CA 90802 Dredging Survey May 16, 2014 Eelgrass Survey Reporting Form (Cont.) Description of Site: r -ILA If-LARC21 Vl,�I"--- I' type and methods: SCUBA CU�A (describe the physical and !Survey Robert Wiegand, Sean obert V� biological conditions within the survey area at the time of Depth range: 6'- 12' Bottom is sediment composed the survey and provide of sand and dirt. insight into variability, if Survey density: D tj, 9 Patch 2: 8-30 Turions sqft known. Please provide units Patch 3: 10-15 Turions sqft for all numerical information). Substrate type: Sediment is sand and dirt Temperature: 8 30 Water Dissolved Oxygen 7.1 mg/L Salinity: Newport Harbor salinity Dominant flora: Eeiqrass materials such as maps, Common mussels; Round Dominant fauna: Rays Exotic species encountered none Refer to Table 2 - Quadrat Other site description notes: I Samples Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered durinq the survey efforts. Survey date and time period: DATE: May 16, 2014 TIME :1230 PM Survey conducted using SCUBA >75% area including bottom surveyed. - 4 f--+ Eelgrass Survey Reporting t-orm k/April zVUZ71 PRE DREDGING SURVEY Page 17 of 17 r -ILA If-LARC21 Vl,�I"--- I' type and methods: SCUBA CU�A !Survey Robert Wiegand, Sean obert V� r Survey Personnel: 11 ov Donovan Patch 1 5-20 Turions sqft Survey density: D tj, 9 Patch 2: 8-30 Turions sqft Patch 3: 10-15 Turions sqft Survey limitations: None noted ot ier 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 t-orm k/April zVUZ71 PRE DREDGING SURVEY Page 17 of 17 -AT!—AS Engineering 83-1'West lTh Street Cost -a Mesa, CA 92627 Liridsey Banghart May 15,2014 Our Project 14.018.00 Phi Grain Size Test Results for the Soil Sample Obtained at from 40 Linda Isle, Newport Beach, 'Catifornia, 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 (2-007) and US. 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 submitted, E��� p" Plates I Grain Size Summary Plates 2 Cumulative Grain Size Distribution PHI Units P:\PROJECTS\14.018.00�14018 PI -11 GSLE7TER.doc, Wel\dhl Sieve Opening Particle Diameter U.S. Standard % Material Cumulative (mm) in Phi Units Sieve Size Retained by Percent Retained Weight. 38.1 -5.25 1112" 0 0.0 19 -4.25 3/4" 1.9 1.9 Gravel 9.5 -3.25 3/8" 5.5 7.4 4.75 -2.25 4 4.8 12.2 2.83 -1.50 7 2.6 14.9 2 -1.00 10 1.5 16.4 1.41 -0.50 14 1.2 17.5 1 0.00 18 1.4 18.9 0.71 0.50 25 1.6 20.5 0.5 1.00 35 4.9 25.5 0.35 1.50 45 8.5 34.0 Sand 0.25 2.00 60 15.2 49.2 0.177 2.50 80 13 62.2 0.125 3.00 120 5.9 68.1 0.088 3,50 170 2.1 70.1 0.075 3.75 200 0.4 70.5 0.063 4.00 230 0.3 70.9 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 Silty Sand to Clayey Sand (SM -SC): black (5Y 2.5/1); saturated;fine to medium sand-, shells and shell fragments; vegetation. The sample was obtained from the Dredge Area, 40 Linda Isle, Newport Beach, California. -H� - I DAVID H. LEE & ASSOCIATES 23011 Moulton Parkway #D-1 1 PHI GRAIN SIZE SUMMARY LAGUNA HILLS, CA 92653 4 1, -1 T_ Telephone: 949-461-5690 Fax: 949-461-7901 CLIENT: ATLAS ENGINEERING COMPANY I I RI! I I EIC] IT, I DATE: PLATE j 1 0 00 4.01&00 May, 2014 Ct) -. 2 .,�Jnq Uo sit-".,,qCj'pPFIIOuf f0c"I LO CM OD F CO 00 IR z NI, 0 < cq 0 0 0 R R LL < NM 0 Ol �e C, Al rri zz-�2 LLgtiv O'd 8 a �C, I �r IM 0 z 0 [no z E7, z 0 'm z N�k 01 LG C) (0 U) U) D 'No w (CY) rkf W 0 F- -J < U) U) c) 0 011 CY z < ru ru 7>- Z < -af CD Z� W 0 (::) M W C) w . 1— 6 Cl) CD CD rij U-1 C\j w E w w M LL w 2i w i <r cf) CO W 0 0 w 0-0 LLI 2 ct� z < 0 —Z < Z -J W, 0 CD ED 0 < 0- IW LL w 3: 1--0 w z 0 ir w < 0-0 Ct) -. 2 .,�Jnq Uo sit-".,,qCj'pPFIIOuf f0c"I LO OD F 0 C, Al LLgtiv O'd 8 a �C, I �r z [no z 0 z N�k W C\l C) w lll� C) (0 U) U) D 'No w (CY) rkf W F- -J < U) U) c) CY z < 0 0 7>- Z < Z� W 0 (::) M ry 0 < w M LL w 2i w PO Ow\z I-- W 0 w 0-0 LLI 2 CITY OF NEWPORT BEACH HARBOR COMMISSION STAFF REPORT Agenda Item No. June 14, 2006 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller(a-)-city.newport-beach.ca.us SUBJECT: 40 Linda Isle — Dock Reconfiguration ISSUE: Mr. Raymond of 40 Linda Isle, proposes to replace his current dock system in the same general configuration. This residential dock was originally built with two slips in 1968 even though the Harbor Permit Policies (H-1) state that only one slip is permitted at residential properties. Should the Commission authorize this proposal to rebuild the dock in the same general configuration with two slips? RECOMMENDATION: Approve the proposal to replace the existing dock system in the same general configuration with two slips. BACKGROUND: The original dock layout from a 1968 file drawing indicates that this address was built with two slips. However, the file does not have any evidence to support the rational for two slips. Mr. Raymond proposes to rebuild his dock in the same general configuration with two slips. He is also proposing to build anew 10'x 14' pier and to relocate his gangway so that it is parallel to the bulkhead. Harbor Permit Policies state that "only a single pier and float or slip shall be permitted bayward of each parcel or lot." It is possible that this pier was built prior to the adoption of the Policies. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 2 PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Aerial Photos Proposed Dock Layout Original Dock Layout - 1968 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 3 �s Z- m 0 C'UO m J7 n Pre c*s Ol iA cn a5 CC',O, >� llv� 'C') cl�l m t7 m 0 C'UO m J7 n Pre c*s Ol iA Z-APew 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 5 Original Dock Layout - 1968 //Zp le- ,5z-�e �-evxw-e 1,7 CN VICIMATY 5kETCH , asseol o�ep eA 5 below Alco -17. 46rve...- zoo/ e c /, .17 Q I" "Ve? AS Z— e-: I - SC-'l"!::l -------------- �o L3 co HARBOR RESOUR S DIV. ct� M m Co Ty 0 WPO/ OF NEWP BEACH I , 0) cn m 've. �v 0 Agn'e r M. --q 0 cn-h e -e- Cil' IA lie 60 ICY nj 7-. q' szz_ boc WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH PLFARF PRINT OR TYPF 0 BUILDING DEPARTMENT N 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. zlo_ �e OWNER'S E-MAIL ADDRESS LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT PH07 NO 2. DESCRIPTION OF WORK /Q tk l9d iqr+ C10C USE zo X # OF STORIES $ VALUATION 45 NEWAOtt,A) ADD[-] ALTER DEMO SQ FT (NEW/ADDED/EXTG) Check AwroDriate Box for ADDlicant 3. OWNER'S NAME LAST FIRST OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS CITY"� STAT ZIP PH07 NO 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAII ADDRESS CITY STATE ZIP PHONE NO. [j 5. ENGINEER'S NAME LAST F FIRST STATE LIC. NO. c s--0 ENGINEER'S ADDREfSS ENGINEER'S E -MAIL ADDRESS CITY!�� S 6TT 4E ZIP PHONE NO. 6. CONTRACTOR'S NAME I B Si ES�LIC. V?0, . � � ;� 3'0'No-7q?0-572C-Iass,-+ STATE LIC. CONTRACTOR'S ADDREP CONTRACTOR'S E-MAIL ADDRESS CITYC- STATE NE N�. OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY- GROUP MAY 12 2006 PERMIT NO. PLAN CHECK NO. Poo, Ma?,- 2 PLAN CHECK FEE $ PLAN CHECK ENG. vulllloxujuv__apjjll�tivll 0141— CITY OF NEWPORT BEACH HARBOR COMMISSION STAFF REPORT Agenda Item No. June 14, 2006 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller(a-_)city.newport-beach.ca.us SUBJECT: 40 Linda Isle — Dock Reconfiguration ISSUE: Mr. Raymond of 40 Linda Isle, proposes to replace his current dock system in the same general configuration. This residential dock was originally built with two slips in 1968 even though the Council Policies (H-1) state that only one slip is permitted at residential properties. Should the Commission authorize this proposal to rebuild the dock in the same general configuration with two slips? RECOMMENDATION: Approve the proposal to replace the existing dock system in the same general configuration with two slips. BACKGROUND: The original dock layout from a 1968 file drawing indicates that this address was built with two slips. However, the file does not have any evidence to support the rational for two slips. Mr. Raymond proposes to rebuild his dock in the same general configuration with two slips. He is also proposing to build anew 10'x 14' pier and to relocate his gangway so that it is parallel to the bulkhead. The Council Policies (H-1) state that "only a single pier and float or slip shall be permitted bayward of each parcel or lot." It is possible that this pier was built prior to the adoption of the Policies. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page2 PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Aerial Photos Proposed Dock Layout Original Dock Layout - 1968 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 3 ET �-T �I - �m W 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 4 G> CP :E Cn M—. zu -D!r X, — CD m C:, Z, 0 �C) r"I 40 Linda Isle — Dock Reconfiguration June 14, 2006 Page 5 Original Dock Layout - 1968 NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers June 14, 2006 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners Seymour Beek, Tim Collins, John Corrough, Don Lawrenz, Ralph Rodheim, and Marshall Duffield were in attendance. Paulette Pappas was an excused absence. Staff: Lorrie Arcese, Chris Miller and Tom Rossmiller. MINUTES: The minutes for May will be approved at the next meeting. ACTION ITFIVI ITEM #1 Subject: 2115 Bayside Dr. — Dock Reconfiguration Summary: Chris gave a staff report on Mr.Tsong proposal to add (2) 40' sections to his existing fingers on his U-shaped float which currently extends past the U.S. Pierhead Line and are considered 'existing non -confirming'. Unless otherwise noted in Council Policy H-1, dock structures are not permitted to extend beyond the Pierhead Line; there is not a provision for this address. Discussion: The dock is already over the pierhead line. The client or their representative was not present for questions. Public Comments: Action: Commissioner Rodeim made the motion to deny the proposal to add extensions to the existing float. The motioned was seconded and carried with all ayes. ITEM #2 ubject: ummary: Discussion: Public Comments: Action: Commissioner Rodheim made the motion to approve the proposal to replace the existing dock system in the same general configuration with two slips and to document this decision in the file. The motion was seconded and carried with all 40 Linda Isle — Dock Reconfiguration Chris gave a staff report regarding Mr. Raymond of 40 Linda Isle, who proposes to replace his current dock system in the same general configuration. This residential dock was originally built with two slips in 1968 even though the Council Policies (H-1) state that only one slip is permitted at residential properties. Mr. Raymond is asking for approval. ayes. ITEM #3 Subject: Commercial Dock Finger Width Exception at 2527 West Coast Highway Summary: Tom gave a staff report on whether the commercial dock replacement applicant at 2527 West Coast Highway should be allowed to reconstruct a dock that will be used for charter passenger loading with a six foot finger width as an exception to the current and proposed commercial dock standards finger width of eight feet. Discussion: Tom said that the construction of the dock is very secure. There will be a condition for stern loading only. He recommended that this be approved for six feet. Commissioner Lawrenz added that this is an exceptional good dock. He noticed that fire suppression is not noted, but Tom said it is there and has passed fire requirements. Commissioner Rodheim said that by going with six feet wide, it would increase the size of boat that could fit in the slip. Commissioner Beek and Rodheim asked if we can put a restriction on the size boat that would go in that slip. It currently sticks out about 20 feet further than it will with the new dock system - Lisa Miller and staff were unaware of the eight foot rule on docks over 80 feet, so Building Dept. kicked it back at the end of the process. Building Dept. also agreed that this type of pier is a very strong product and it would be okay, but it still needed Harbor Commission approval. Commissioner Collins Rodheim asked the applicant if they would accept the condition that their vessel not exceed 120 feet, (which is a variance to current policy). The applicant feels this is unfair and no other marinas have this restriction, and this current issue is not about a future boat. Commissioner Rodheim said they will be restricting boat size in the future if they come before the Commission. Chris said this may be a consistency issue as other boats come in the harbor. Harbor Resources looks to the policies for direction and City Council has allowed the docks to be built to the pierhead line on Mariners Mile and the policy currently states they are allowed to extend past the end of the dock by the width of the beam. Roheim made the motion to approve with condition that any vessel cannot extend past six feet. Commissioner Lawrenz added that there must be throwable life preservers at the end of each finger. Lisa asked that the issue be tabled if this condition is imposed. If they go back to 8 feet it will not come back to this Commission, since it would be incompliance with the current rules. She was unprepared for the issue of the boat size to enter into this decision. Public Comments: Glenn Twitchell got a clarification that the length of the boat is LOA. Action: The motion was made to table the motion and carried with all ayes. ITEM #4 Subject: Mooring Rental Request on A-243 Summary: Chris gave a staff report on Mr. Vance's request to rent a mooring for his recreational sailboat from Mr. Moon (A-243) on a temporary basis for up to six months. Discussion: Mr. Vance said that this boat has lots of history. He wants to get it at 100% and sail it. Chairman Corrough said that Mr. Vance is asking the Commission to knowingly okay a derelict boat in the harbor. We may get complaints on it. Public Comments: Glenn Twitchell said that this is a big issue and opens up to a lot of exposure. According to the mooring agreements Mr. Moon cannot receive money for renting his mooring and this would be an exception. Action: Commissioner Rodheim made the motion, and it was seconded, to approve the request to allow mooring A-243 to be rented to Mr. Vance for up to six months with the following conditions: 1. Mr. Vance must show proof of ownership of the vessel prior to renting the mooring. 2. Mr. Vance must produce a progress report showing substantial progress in his effort to secure the restoration fund within 120 days of renting the mooring, or, if the funds are not secured, Mr. Vance must show progress in converting 1he vessel to non -derelict status. 3. Mr. Vance must secure a bond for the disposal cost of the vessel should any dispute arise concerning the ownership of the vessel. The motion carried with all ayes. ITEM #5 Subject: Consideration of Mandatory Boater Education - Comments to the Department of Boating and Waterways Summary: Should the Harbor Commission provide input to the California Department of Boating and Waterways on the topic of Mandatory Boater Education? If the Harbor Commission determines that comments to DBAW should be formulated, authorize staff to draft a letter for the Chairman's signature delineating the Harbor Commission's comments. Discussion: Public Comments: Action: The Harbor Commissioners saw no reason for this and chose not to take action or give any input on this item. PUBLIC COMMENTS: SUB -COMMITTEE REPORTS: Chairman Corrough said that Title 17 is being wrapped up with final comments. Commissioner Lawrenz said that the Shoring Mooring subcommittee is sunset. HARBOR RESOURCE UPDATES: Tom Rossmiller harbor updates on the RGP-54 renewal, Balboa Island beach replenishment, sea lions, Upper and Lower Bay dredging projects, Channel Reef dredging, Corona del Mar beach replenishment, multiple vessel mooring systems and the harbor valuation study. A subcommittee was formed to help with the harbor valuation, headed by Commissioner's Collins and Lawrenz. PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE: COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT: It was asked what had happened to the Rhine Channel Dock and the Commission was reminded that they were told they needed to speak to a City Councilman to push for this. The next City Council meeting will be the last time for input. Vessel Overhang — the Commission would like this as a priority and requested that staff do an inventory on the overhang in the harbor, look at risk factors, safety, the Municipal Code and those in the way even if they are in conformance. A subcommittee will then be formed. Tom said that it will take at least two months for staff to accomplish this on commercial docks. Residential will take much longer. RECOMMENDED TOPICS FOR FUTURE AGENDAS: • Presentation of the Coast Guard Report on the Endeavor Accident (when released). • Vessel Overhang DATE OF NEXT MEETING: Wednesday, July 12, 6:00 pm Council Chambers ADJOURNMENT HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing float. Install new with (2) new pile. Install 1 O'X 14'new concrete pier with (2)14" pile for support. Address number must be stenciled on at least 1 bayward'facing pile. Pier conditions must be signed by applicant prior to final approval. jProperty Address: 40 Linda Isle, Newport Beach, CA 92660 1 Legal Description: lHarbor Permit Number: 134-40 1 IPlan Check Number: 1182-2006 1 jApplicant: Carl Raymond I Applicant's Mailing Address: 40 Linda Isle, Newport Beach, CA 92660 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find )They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, Ei That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted hereunder, this development: "'16 Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport. Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature:Ji"'.�"Q1.,g ce Lisa Walters, Harbor Resources June 21, 2006 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 21, 2006 Property Address: 40 Linda Isle, Newport Beach, CA 92660 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1 - The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 6. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost finger is 18' at the tip of the finger and 7' at the headwalk. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost finger is 5'. Signature( Lisa Walte�s—, Harbor Resources F -MAS Joint Pier Applicant Signature (if applicable) Print Name Date INSPECTION FORM Harbor Resources Department Date: S///o Inspection Requested By: cri Inspector: Don Duffy Pier Address: 0 2 4 (4 T3 le Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments EeIg ass Yes, No Pump 0 . ut Presentl I Pier Location Yes No OperationalF--7— Recommended Action Encroachmenet Address of Complaining Party— Boat Description CF Number Location on Dock Comments Observations Other Request MWIM DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 August 11, 2006 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mary Raymond c/o Swift Slip Dock & Pier Builders Attention: Beth Swift 2027 Placentia Avenue .Costa Mesa, California 92627-3405 Dear Ms. Raymond: Reference is made to your request of June 26, 2006 (File No. 200601364-SJH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to modify an existing floating dock structure bayward of 40 Linda Isle, within Newport Bay, in the community of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 33 1. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program, Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch DAW Phone#: 949-631-3121 Phone #: 949-278-0204 Notation: Notation: Cha(ges, Description Cost Qty Subtotal Tax Charge Fee Item Coding CPP HBP Construction ------- ---- ---------- No $100.00 2 0 62 4 0 54 0 5 5 7 4 0 6 4 6 0 22 Total Charges $100.00 ayment Type Amount Account Notation Check $100.00 ------ No.33550 Total Paid $100.00 'Notation CPP#2006-01979 Printed: 12/14/2006 3:09 PM The fees, deposits, dedications, reservations or other exactions imposed by this development approval must be protested, if at all, within the 90 day -approval period imposed by Government Code section 66020. SWIFT50P Dock, and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax 1949) 631-3122 email: bhswiftslip@sbcglobal.net www.swiftslipdock.com June 22, 2006 Adam Fischer California Regional Water Quality Control Board 3 73 7 Main Street Riverside, CA 92501 Re: Mary Raymond Boat Dock and'Pile Replacement 40 Linda Isle, Newport Beach, Orange County Dear Mr. Fischer: This is notification that we intend to replace the boat dock and pile at the above -referenced address. It is our intention- to comply with all Regional Water Quality Control Board requirements.. Ve will not discharge -vessel waste of any kind or adversely impact water quality at thi's location 1). Apj�lica'ht ame: Mary Raymond 2) Pto'j'ect -Address: 40 Linda Isle, Newport Beach, CA 92660 3) Applicant elephone: (949) 278-0204 4) �S67 bt of Work: Replace floating do.ck. and pile, There will -be two new 14" concrete guide pile.and two 14" pier support pile (and two existing 14 pile to remain). 5) Federal rile number: Pending 6) -Latitudglongiiude: -117,90443; 33,61467 $60 appli I cation fee. AiDn'licilble ees: Enclosed is a checkfor the.,' 8) $�tiieent: This notice is beirig.submitted, according to Regional Board General Certification for sheet and dock pile replacement, issued on September, 29, 20Q5. Statemen The information in this notice is complete and accurate. 9) Please contact our office if you should have any questions. Very.truly yours, SWIFT, SLIP DOCK & PIER BUILDERS -13oh Swift Termit Division b rs Endlospres". cc: �Califbnua Coastal Commission US. Army Corps of Engineers SWIFT SLIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswiftslip@sbcglobal.net www.swiftslipdock.com FAX TRANSMITTAL TO: Lisa Walters FAXNO: (949) 723-0589 FROM: Beth Swift, Permit Division DATE: January 25, 2007 RE: Approvals for Permit - Plan Check Number 2868-2006 Lisa -Here are the required approvals for the above -referenced project at 40 Linda Isle. Please call Brady or me if you should have any questions. 2- �4 RECEIVED 0 C, South Coast Reglo VICI-vi. TY '51< -ETCH, N-pQRr 5AY CAt JUN 2 2009 -7 D �h below; A,1,0�? C)�LJFORNIA '76,- 41:5vver (; m I 0 m COASTAL r"O,� or ,."? OA- /, -5 Z- eo,(W-C�, �q (e, �44 /I Cahfornia Coastal '�ommission vW" /'I' Sopth Coast District Office A��PROVED . . ........... . m 2� By: -- -- -- -- ---- M IARBOR RESOUR S DIV. EFPECrIVF, Cl) 0 Date: rr - ---- -- Cf) X ITY OF NEWPO BEACH 5E 20 0Y Cj) k(.11 (e, M m C: -z 4 16'. m 0 Z r �5 Ale W T C-) > -n 01 In, (Jr5 m X > 0 p C) fA q, �e�4i I . --7 e L. . . , if-> 4< C W3 5 14 e- �1 Z//v-"n A. As zi�- ni-, IV 6y: STATE OF CALIFORNIA — THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov Date: September 18, 2006 Mary Raymond Permit No. 5-06-245 40 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 August 28, 2006 and was reported to the Commission on Wednesday, September 13, 2006 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director By: MEG VAUG N Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Attn: Beth Swift dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-06-245 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: August 24, 2006 (562) 590-5071 W 10C Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: Mary Raymond PROJECT DESCRIPTION: Remove existing and construct new boat dock in same configuration. Proposed dock will include an 10' by 14' pier platform supported by two new 14"diameter concrete piles, re -use existing 3' by 24' gangway, float consists of modified "W" shape (one larger "U" and one smaller "U" with shared center finger). Two fingers are 5' by 58' (one of which is the shared center finger) with a 8' by 22' backwalk; third finger is 5'. by 51'with a 10' by 14' backwalk. Two 14" diameter concrete piles will be re -used in the same location, and two new 14" diameter concrete piles will replace two to be removed. PROJECT LOCATION: 40 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 remo " ved 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: Wharfinger Building Wednesday, September 13, 2006 1 Marina Way 10 a.m. Eureka, CA 95501 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS E.xecutive DOctor By: Meg Vaughn 9__ Title: Coastal Progra 5-06-245 Raymond Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1 Notice of Receipt and -Acknowledgment;. The permit is hot valid and development shall not commence until a copy of the permit signed by the permittee or authorized agent, acknowledging receipt -of the permit �nd acceptance of the terms and conditions, is returned to:the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four.to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): - The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Promect Description The applicant proposes to remove an existing boat dock and construct a new boat dock in the same configuration. The proposed dock will include an 10' by 14' pier platform supported by two new 14" diameter concrete piles, re -use of existing 3'by 24'gangway, float consists of modified "W" shape (one larger "U" and one smaller "U" with shared center finger). Two fingers are 5' by 58' (one of which is the shared center finger) with an 8' by 22' backwalk; third finger is 5' by 51' with a 10' by 14'backwalk. Two 14" diameter concrete piles will be re -used in the same location, and two new 14" diameter concrete 'piles will replace two to be removed. The dock is proposed to be constructed of Douglas fir and "Trex" -composite decking and conforms with the U.S. Pierhead line. 5-06-245 Raymond Administrative Permit Page 3 of 6 The subject site is located at 40 Linda Isle in Newport Beach, Orange County. The site fronts on Newport Harbor. The majority of harbor front, residential development in Newport Harbor is ' surrounded by private recreational boat docks. The proposed dock project is similar in function to other docks associated with residential.development in.,the JrnmediatpwiQinity. The boqt dock will be used solpi.y,,f,qr:,boatina,.recreat�on:p.prpp5ps.. The sitebas, been surveyed byjhe�Qity of. Newport Beach Harbor Resources Division foreelgrass and npieelgrass was:discovered wit hin,15feetof the project area. In addition, Special Condition 4 requires a Caulerpa taxiffipfia.survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special conditions 3 and 4 identify the procedures necessary to be completed prior to beginning . construction in case the surveys expire prior to commencement of construction. In addition, special conditions 3 and 4 identify post -construction eelgrass and Caulerpa taxifolia procedures. The nearest public access is located approximately. 1/4mile west of the subject site at the public beach along the Balboa Peninsula. The proposed project has received approval in concept from the City of Newport Beach (Harbor Permit No. 334-40). The applicant has applied for approval of the. proposed project from the U.S. Army Corps of Engineers and the California Regional Water Quality Control Board (RWQCB). B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design incl ' udes. the minimum sized, �pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available., As conditioned; the project,will not, significantly adversely impact eelgrass beds and Will not contribute to the dispersal - of the invasive aquatic algae, Caulerpa taxifolia. Further, as -proposed and conditioned, the. project,, which is to be:used solely for recreational boating purposes, conforms to Sections 30224 and,302.33 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal. Program The LUP for the City of, Newport Beach was effectively certified -.on May 19, 1982. The certified LUP was comprehensively updated in,.Octobpr,2005.. As conditioned,,the proposed development, . is consistent with Chc1pter. 3 of,. the Qoaptali Act and with'.1he'.certified Land.Use,, han_for_Jh6 area._ Approval of the project, as co3 ndlitioned', 'will not prejudice the ability of the local government- to - prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. 5-06-245 Raymond Administrative Permit Page 4 of 6 E. California Environmental Quality Act (CEQX) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect1hatt-he activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Construction Responsibilities and Debris Removal , (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (el Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters �shall be recovered by divers as soon as possible after loss. 2. BEST MANAGEMENT PRACTICES PROGRAM By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (a) Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (b), Solid and Liquid Waste Management Measures: 1. All trash; recycla bles, and hazardous wastes or potential water contaminants, I including old gasoline or gasoline with water, absorbent materials, oily rags, lead 5-06-245 Raymond Administrative Permit Page 5 of 6 acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleurn Control Management Measures: 1 . Oil absorbent materials shall be examined at least once a year andreplaced as necessary. The applicant shall recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters shall regularly inspectand maintain engines, seals, gaskets., lines and hoses in order to prevent oil and fuel spills. Boaters shall also use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas and shall not use detergents while cleaning. The use of soaps that can be discharged by bilge'pumps is prohibited. 3. Eelgrass Survey A. Pre Construction Ee,11grass 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 repared p in consultation with the California Department of Fish and Game. The applica nt 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 (115) business days prior to commencement of any development. If the eelgrass survey identifies: any e e7lgrass -withiri 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 Eellgrass 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 1.2,11 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-m 1 mitigation ratio -found within SCEMP shall not apply. Implementation of mitigation shall require an amendment10-this permit ora.new coastal development -,permit; unless the Director determines that no,amendment,or new p'ermit'is-required. 5-06-245 Raymond Administrative Permit Page 6 of 6 4. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than,30 days prior to commencement or re -commencement ofany development- authorized under this coastal development permit (the "project"), the applicants shall undertake�a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days ot completion of the survey, the applicants shall submit the survey - for the review and approval of the Executive Director- and F ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed w ' ith the project until 1) the applicants provide evidence to the Executive Director that: all. C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment, is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing 5-06-245 Raymond btdk noEGpis Admin 9.06 mv U) s! F F, Ln -0 7- .2 0 )MR16 Ito 00 A- A , 03 P-0. tj, AS ca 'it -RECEI E Degio south _ocisil 1, U.- I IHM 9 VICI�JITY 5kETCH N , ,,, Rr f�.4y, CA( lForINI, 9.5 ae'r CAILIFOP,NIA C .C)MMISSION CC.)ASTAL Mew a -l; -el HARBOR RESOU "ITY OF NEWPO , /tD - ,j �C;CLI� 61-- — 0, —c�� q rD 43 Ll �x m z 0 m m M CD co cf) c) > * C") m M m co P !� r -on m --10"- n M > t. I e- 0 M, DETACH AND RETAIN THIS STATEMENT SADDLEBACK ESCROW CO. THE ATTACHED CHECK 15 IN PAYMENT Or ITEMS DESCRIBED BEI -DW. IF N& -ORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIR-- DELUXE FORM WVO-3 SPL N-4503 DATE DESCRIPTION 08/30/84 Escrow No. 1-11834 Property:. 40 Linda Isle Newport Beach, Ca. Lot 40 Tract 4003 Buyer: RAYMOND Funds due you Pier Permit Transfer N-4503 AMOUNT $********230.00 Sm LO m Go GO 0 > CN LO C) 00 LO 0 CNL a) C:) 01- M '0 -�L E - 0 r" t C-4 0 0' CL 0 E5 Lo Z u 0 u 0 FV u v u CID r8 8 4-) LH r a) 04 Q) p ro Q4 *ri 0 (1) fri � r -I U) 4'P4 4-) a) a) 0 a) 44 44 �4 Q) 0 0 LH 0 z C) S 4-) C; c"I z rd r -I VY 0 -H 04 4-) P4 4-4 41 (o 0 I a) 4-) U) H 0 ro 4-4 ro o �004 ra 9 0) �4 Q) W a) E-1 4-) U -LH �4 4-4 rd 0 1 a � - 0 �:- 0 ro a) 4-3 z z �4 LH -H '00 5 o puq, 4-) r -i a) 00 �4 LA r -I El) In tn m r. �4 r -I 0 4-4 C) z 0 m 4-4 r8 -H 0 4-3 0 U) 44 0 C) ul 4>-)' ri r -i U) rd (a, M STATUS SHEET HARBOR PERMIT TRANSFER Z- 1A LOCATION— FERMIT NO. Seller 8uye r- 41'111',"';�r-jt Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co. Escrow Officer. �b h, E s crow No. Address 5 2- Phone: �'J—Jr- Date.Inspection made:. Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 2. P1,umbing: 3. Elettrical: 4. Structural: 5.OTHER: REMARKS: Inspected by: ff" 1.3 7. -41 lb "49W,00,, r PJ'C&L 7 AL/ VICIMITY SKETCH 4 WPORI- SIAY, CAL IFORNIA /I? I Jr.? , \ v Ir 510eln0'Ing5 Or /f7 OreeYl Ono( c olipp 0A s below A-Ican I-oover Zow Marle-.-. A4'axi."("'" 0r if'o" cj)L /'P"o Ar/ AF'6rbo,- 1'ne5 '77: ore --viabl.-'sheal /;I /A�'S 5CCA'o" O?rIVCW 6 C77-. Z' t '77: